<div>Hi all, I have to say the station being in breach over this doesn't sit right with me either, the way (I imagine) most read the rule is directly associated with the phone-line scandals of years past that mean "don't let people phone up for a competition/equivalent if the show is repeated" not these very wide interpretations of "misleading listeners".</div>
<div><br></div><div>Here at NE1fm we only repeat one show, that mentions it's repeat once or twice when giving out information and doesn't invite calls or emails. However, we also have a number of pre-recorded shows, that are presented as live, and during those times, I know no-one will be in the studios to take calls - now the presenter is not likely to slip a phone number in there if s/he's pre-recording, but what if s/he puts a jingle in with our studio email on? are we in breach?</div>
<div><br></div><div>Also with our open slot programming, we certainly will have presenters, newbies and old hats, who will read out the phone number, txt number and email/website addresses all to add to their content/links, and who might forget or just not bother to check the 2nd computer screen.</div>
<div>I think it's very draconian indeed to suggest we're in breach for this last point, and whilst I appreciate Ofcom's need to protect the listeners from programming that *may* cost people a wasted phonecall or txt (n.b. All our call/txt rates are standard) I can't get behind the logic of this decision.</div>
<div><br></div><div>Phoenix D-K<br clear="all"></div><div><br></div><font size="1">CBIT/NE1fm 102.5<br>Virginia House<br>Georges Road<br>NEWCASTLE UPON TYNE<br>NE4 7NQ<br><br>[T] 0191 240 1025<br>[<font color="#3333ff">E</font>] <a href="mailto:phoenix.dark-knight@ne1fm.net" target="_blank">phoenix.dark-knight@ne1fm.net</a><br>
[<font color="#3333ff">W</font>] <a href="http://www.ne1fm.net" target="_blank">http://www.ne1fm.net</a><br></font><div><font size="1">NE1fm 102.5 is owned and operated by CBIT.</font></div><div><font size="1">CBIT is registered in England & Wales, Company No. 05022142</font><br>
</div><br>
<br><br><div class="gmail_quote">On 26 May 2011 13:34, <span dir="ltr"><<a href="mailto:cma-l-request@mailman.commedia.org.uk">cma-l-request@mailman.commedia.org.uk</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
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Today's Topics:<br>
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1. Re: is there anybody in there? (Office - ccr-fm)<br>
<br>
<br>
----------------------------------------------------------------------<br>
<br>
Message: 1<br>
Date: Thu, 26 May 2011 11:36:50 +0100<br>
From: "Office - ccr-fm" <<a href="mailto:office@ccr-fm.co.uk">office@ccr-fm.co.uk</a>><br>
Subject: Re: [cma-l] is there anybody in there?<br>
To: <<a href="mailto:martin@martinsteers.co.uk">martin@martinsteers.co.uk</a>>, "'CMA-L'" <<a href="mailto:cma-l@commedia.org.uk">cma-l@commedia.org.uk</a>>,<br>
"'jaqui devereux'" <<a href="mailto:jaqui.devereux@commedia.org.uk">jaqui.devereux@commedia.org.uk</a>><br>
Message-ID:<br>
<!&!AAAAAAAAAAAYAAAAAAAAAFLfoHySwD9Hi/viVsoHZf/CgAAAEAAAADr/XrlRix5PruKb9Lm8J/wBAAAAAA==@<a href="http://ccr-fm.co.uk" target="_blank">ccr-fm.co.uk</a>><br>
<br>
Content-Type: text/plain; charset="iso-8859-1"<br>
<br>
Martin n? all<br>
<br>
<br>
<br>
I forgot to mention in my rant) we (CCR) plug all week long that some<br>
of our programmes are repeated ?.. ie:- 60?s / 70?s / 80?s etc by doing<br>
so PROVES that we are not wishing to deliberately deceive our listeners.<br>
<br>
<br>
<br>
I was on-air last week and mentioned that ??the next programme is a repeat<br>
of Sundays seventies show?? (as I do everyweek) whilst the show<br>
was playing, three people rang up in the first 20 minutes of the show, all<br>
of them said ??oh nevermind I?ll ring back on Sunday?? ????..<br>
<br>
<br>
<br>
I fully understand the rules and I fully understand that they are there to<br>
protect listeners and Joe public ????. It is unfair to encourage listeners<br>
to text / ring shows knowing that they will get no reaction / no answer and<br>
be charged ????? certainly if it is being charged at premium competition<br>
rate.<br>
<br>
<br>
<br>
We don?t have any charges at our station, that is not what we are about and<br>
we take every opportunity and care to ensure that listeners are not deceived<br>
???..<br>
<br>
<br>
<br>
So, my conclusion is this ????.. rule 2.2 needs changing !<br>
it either states clearly that repeated shows are NOT permitted full stop, as<br>
this argument will always rear up it?s ugly head or it is left alone and<br>
everyone gets fined ???? I don?t think there is a community station in the<br>
Land that hasn?t dropped a clanger on this one.<br>
<br>
Volunteers simply do not have the time or the will to then finish there show<br>
and go searching and editing out everytime they mention a phone contact.<br>
<br>
<br>
<br>
However, having had my rant I do accept completely that rule 2.2 should<br>
exist, but not if common sense can?t be applied.<br>
<br>
<br>
<br>
The station in breach ?? have they been fined ?? damn shame if<br>
they have.<br>
<br>
<br>
<br>
Nick<br>
<br>
<br>
<br>
_____<br>
<br>
From: <a href="mailto:cma-l-bounces@mailman.commedia.org.uk">cma-l-bounces@mailman.commedia.org.uk</a><br>
[mailto:<a href="mailto:cma-l-bounces@mailman.commedia.org.uk">cma-l-bounces@mailman.commedia.org.uk</a>] On Behalf Of Martin Steers<br>
Sent: 26 May 2011 10:26<br>
To: Julian Mellor<br>
Cc: CMA-L<br>
Subject: Re: [cma-l] is there anybody in there?<br>
<br>
<br>
<br>
Although I never like to see a station get breached, I must admit in this<br>
case they did break the rules, if you read the previous cases and the<br>
statement ofcom made at the time they where trying to clamp down on<br>
recorded, non line calls to action, and I dont think I disagree with it.<br>
<br>
<br>
<br>
If your doing any listener based show that relies heavily on listener<br>
engagement be it song requests, thoughts and feelings or any form of voting<br>
etc then this can not be pre-recorded, and if its repeated I think you need<br>
to make that clear as often as you can to your listeners.<br>
<br>
The case that got breached wasnt a repeat, as far as I can tell it was a<br>
pre-record..<br>
<br>
<br>
<br>
And not to be harsh.. but I am afraid "we don't have the capacity to<br>
monitor, enforce and edit everything to the level they seem to be<br>
requiring." goes against what the station signed up for when you applied for<br>
your license and started broadcasting, as a station you have a<br>
responsibility for everything you broadcast and it must all be code<br>
compliant.<br>
<br>
<br>
<br>
I dont know if I agree with having to use the time and date all the time, do<br>
your volunteers have an extra 15 minutes to edit their shows? Would a<br>
generic "Your listening to a repeat of XYZ show from the XYZ date, any<br>
requests taken wont make it to this show but we will try out best to put<br>
them in the next show" and get them to stick it at the start of the show,<br>
and at regular points during the show (maybe over the original calls to<br>
action). You might want to double check with ofcom, but you might find thats<br>
a good step in the right direction and maybe all you need to do. Other<br>
things you could do is make it clear on websites etc that its a repeat, but<br>
use this as a positive to encourage people to listen to the live shows,<br>
maybe also look at either auto replying to any incoming messages explaining<br>
that its a repeat and you hope to get their request next time.. Either<br>
automated or by hand..<br>
<br>
<br>
<br>
The rules and code are there to protect the listeners and broadcasters, it<br>
has to be the same rules for everyone regardless of the amount of listeners,<br>
demographic or if your charging ?1.50 a txt.<br>
<br>
<br>
<br>
Martin<br>
<br>
<br>
<br>
On Thu, May 26, 2011 at 9:27 AM, Julian Mellor <<a href="mailto:julian@10radio.org">julian@10radio.org</a>> wrote:<br>
<br>
Earlier this week I saw Ofcom's ruling about a breach of the broadcasting<br>
code by a community station not far from here.<br>
<br>
<br>
<br>
Apparently a request show was repeated, a member of the public called in to<br>
speak to the presenter, was told that in fact the show was a repeat, and so<br>
the said member of the public complained to Ofcom that the station was in<br>
breach of rule 2.2 (not to materially mislead). Instead of find the<br>
complaint malicious and trivial, Ofcom found against the station and said<br>
that they had breached the trust of their listeners.<br>
<br>
<br>
<br>
This raised alarm bells for me as we repeat most of our programmes and most<br>
invite listeners to email or text in with comments (and sometimes requests).<br>
However, rarely, if ever, do presenters give a date stamp during their<br>
programmes so the repeat could be perceived to be live (although there is<br>
absolutely no intent to deceive or mislead and most listeners know our<br>
schedule well enough or look at the website to see if its live or not).<br>
Equally some presenters, especially newbies, often read out the contact<br>
details for want of something to say, but then forget to check the emails<br>
(which could be construed as deception).<br>
<br>
<br>
<br>
I raised the issue with Ofcom of this seemingly draconian interpretation of<br>
rule 2.2 (introduced to stop broadcasters running pseudo competitions on<br>
premium lines) and pointed out that, as a community station staffed entirely<br>
by volunteers, we don't have the capacity to monitor, enforce and edit<br>
everything to the level they seem to be requiring. I said that it would be<br>
likely to drive away presenters and stop us repeating anything. Surely, I<br>
said, Ofcom does not want to constrain community broadcasters in this way.<br>
<br>
<br>
<br>
They came back the same day (preferring to call rather than write) and said<br>
it is indeed their intention to constrain broadcasters. The way around it,<br>
they said, is for any repeated shows to give a date reference when inviting<br>
listeners to make contact. Furthermore, presenters must not invite contact<br>
if they are likely to forget to check the messages.<br>
<br>
<br>
<br>
I sent out an instruction to our presenters and already one has come back<br>
saying it will destroy his spontaneity and, given that he can't guarantee<br>
that a date reference will always be given, he is withdrawing his repeats (4<br>
hours of lost programming per week and many saddened listeners).<br>
<br>
<br>
<br>
I instinctively react against people banging on about nanny states, red tape<br>
etc, but this seems absolute madness and inspires me to move to Tunbridge<br>
Wells from where I shall write to my MP.<br>
<br>
<br>
<br>
How does everyone else deal with the issue?<br>
<br>
<br>
<br>
(And for the avoidance of doubt this is written live at 9:15am on Thursday<br>
26 May but I may be away from my desk when you reply)<br>
<br>
<br>
<br>
Julian<br>
<br>
<br>
<br>
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