[CMA_Radioforum] Launch Dates, Copyright issues etc.

Mon Feb 18 15:55:06 GMT 2002

Dear All,

Apologies for having been rather elusive over recent weeks - I have been 
heavily involved in a local IT centre project up here in Sheffield which 
has been taking more time than it should.

Congratulations to all of those carrying out test transmissions, or about 
to do so!  For those of you still waiting on responses from the RA, 
commiserations....  If there is anything you would like me to talk about 
with them over the next few days, please e-mail me direct.

Most importantly, could I ask that each station e-mails me with an update 
of your proposed launch date.  The CMA managed to organise a good deal of 
publicity around the launch of the first TV RSL broadcasts and we would 
like to try and do the same for your stations.

Copyright has been another matter which has not had as much input from me 
as I would have liked.  It has been very difficult to get any direct 
replies to e-mails sent to both PRS and PPL, but both organisations now 
have details of their proposals on the web.

PRS at http://www.prs.co.uk/broadcasters (under the top tab radio) has the 
following:

Access Radio
The charge in respect of the above is as follows, subject to an annual
minimum charge of £500 plus VAT and applies to 30th September 2002.
Net Broadcasting Revenue (NBR)  Rate of Royalty
below £463,369  3%
£463,369 to £926,737    4%
£926,738 or more        5¼%

Note:

1. The royalty is based on a percentage of NBR as per the above table.

2. The definition of Net Broadcasting Revenue (NBR) is 85% of the gross
valuable consideration (before any deduction of agency commissions or any 
other
deductions) whether in money or money's worth derived and received by the
Licensee from broadcasts pursuant to this Licence including advertising
sponsorship subscription funding fees donations barter and contra deals and
other revenue directly related to the programmes broadcast and then
deducting external cost directly and reasonably incurred by the licensee in
producing sponsored Outside Broadcast events provided that if such costs
exceed the value of the sponsorship revenue the value of the said
sponsorship revenue shall be nil. The amount by which such costs exceed
sponsorship revenue may not be set off against other non-sponsorship revenue.

3. The NBR bands are adjusted yearly by reference to inflation (RPI).
If you require more details or wish to apply for a licence contact Lisa
Feltham at lisa.feltham at prs.co.uk or fax 020 7306 4499 or tel. 020 7306 4261

PPL at:  http://www.ppluk.com/ppl/ppl_fd.nsf/homeframer?openform&PG=Info

Radio broadcasts are licensed in a way appropriate to the nature and intent 
of the service. This information applies, broadly, to all delivery methods 
including analogue or digital terrestrial broadcasts, cable or satellite 
radio. It does not, however, apply in respect of internet radio which PPL 
is not in a position to license aside from simulcasts of existing radio 
services.

Traditional Radio
One form or radio is what we term Traditional Radio. This encompasses 
services which are not exclusively music only or music and advertisements 
only, but have other content - typically a combination of presenters, news, 
traffic and weather reports or other public service elements etc. Such 
services are also primarily intended for residential and in-car reception. 
These services are licensed in accordance with an order of the Copyright 
Tribunal and pay a licence fee which is calculated against Net Broadcast 
Revenue (NBR).

Annual NBR up to £455,881 . . . . . . . . . . . . . . . . . . . . .2%
Annual NBR above £455,881 to £911,764. . . . . . . . . . . .3%
Annual NBR above £911,764. . . . . . . . . . . . . . . . . . . . .5%

Test Transmission . . . . . . . . . . . . . . . . . . . . . . . . . . . 
.£227.94

For further advice please contact the Broadcasting team at the details below.

Non-Traditional Radio
These are services which do not have significant content other than music, 
or music and advertisements. As these services may be very different from 
each other, we have no standard form of licence but look at each service on 
a case-by-case basis. For further advice please contact the Broadcasting 
team and provide a description of the service in as full a manner as 
possible, but including at least the following information:

(a) Description of typical programme format including ratio between music 
and other content
(excluding advertisements)
(b) Intended audience
(c) Method of funding
(d) Delivery method
(e) Area of transmission
(f) Name of service
(g) Identity of proprietor
(h) Intended on-air date
(i) Whether PPL-controlled recordings will be used during test transmissions

Contact the Broadcasting team via e-mail to broadcasting.info at ppluk.com
or telephone 020 7534 1203

Their definitions of 'Traditional Radio' and Net Broadcasting Revenue can 
be found at:

http://www.ppluk.com/ppl/ppl_lc.nsf/0000/9d406c67fbf6ffc2802569ad004a6212?OpenDocument

Traditional Radio
a traditional radio station where the audio part of the station does not 
exclusively or nearly exclusively consist of Sound Recordings and where 
either they are frequently interspersed with other material such as, but 
not limited to, presenters, advertising, news or travel information, dramas 
or documentaries or where Sound Recordings form the minority of the station 
service and, in both cases, where the programming is transmitted sequentially

Net Broadcast Revenue
shall be calculated by taking 85% of the gross valuable consideration 
(before any deduction of agency commissions or any other deductions) 
whether in money or money's worth derived and received by the Licensee from 
broadcasts pursuant to this Licence including advertising Sponsorship 
Barter and Contra Deals and then deducting external costs directly and 
reasonably incurred by the Licensee in producing sponsored Outside 
Broadcast events provided that if such costs exceed the value of the 
Sponsorship revenue the Sponsorship revenue shall be nil. The amount by 
which such costs exceed Sponsorship revenue may not be set off against 
other non-Sponsorship revenue.

If anyone wants to talk about these issues, by all means call me at the CMA 
offices between now and Thursday.

My full-time work at the CMA finishes this week and as some of you may 
know, I am off to Norway to carry out some radio related research funded by 
the Research Council of Norway.  I'll be keeping in touch and back for the 
CMA Festival in June.  I will still be reachable via my Commedia e-mail 
address:

lawrie at commedia.org.uk

I look forward to speaking with some of you before I leave the country!

With best regards;
Sincerely,

Lawrie.

======================
*******************************
[lawrie at commedia.org.uk]
~~~~~~~~~~~~~~~~~~~~~~
[Broadcast Radio Consultant]
[Community Media Assoc.]
*******************************
Work contact numbers:

Tel: 0114 279 5219
Mob: 07 77 88 44 678
======================
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