Broadcasting (Radio Multiplex Services) Bill

Maggie Throup Excerpts

2nd reading: House of Commons
Friday 13th January 2017 Commons Chamber

[Kevin Foster]

I absolutely agree. One issue at the moment is that if a community radio station is looking to serve a small community, that might be viable via FM but the jump to DAB is impossible owing to the current licensing structure and the revenues that it would have to produce. Even in a rural setting, the station might have to cover a nearby city to make the move to DAB worthwhile, which can take away from the special element of community radio. The Bill aims to provide more communities and areas with a practical, rather than theoretical, way of getting a digital radio station. Many rural areas would be unable to generate the type of revenue necessary to support such a move and, to be blunt, many people in the theoretical listening area might not want to listen.

[Maggie Throup (Erewash) (Con)]

Does my hon. Friend agree that the rurality of an area is a problem in itself? It is about not just the necessary income, but the strength of signal that community radio stations are allowed. If an area’s topography is hilly, that can restrict the distance over which a station is able to transmit via analogue.

[Kevin Foster]

My hon. Friend is right to point out that geography and topography have a large impact on what radio and TV signals people can receive. The Bill is targeted at radio infrastructure and could provide options, which I will touch on later, to provide a service where digital radio currently does not exist or where choice is limited owing to an area’s topography. The current licensing system has not kept pace with the development of technology, so a different option is needed for smaller-scale radio stations. The situation with analogue was similar. Only a small number of analogue stations were broadcasting when the technology was extremely expensive. As the costs fell, increasing numbers of stations were created, including community stations. Now that digital technology is becoming cheaper, we need to look at creating a legislative process and a licensing system to allow community stations a chance to move to digital.

As I have touched on already, one issue with community stations and the current multiplex system is that many of the areas they cover are just too large, meaning that stations might be providing content that is irrelevant to many. For example, if a community station wanted to cover Torbay, which is perfectly reasonable under an FM licence, it would have to broadcast over a much wider area, leading to problems with sponsorship and rendering local discussions and contributions from local groups meaningless to much of the theoretical audience. That is why the Bill seeks to create smaller multiplexes that can cover defined areas in the same way as a community FM licence.

The fact that there are such wide areas to be covered means that there is a large jump in the cost of access that is not necessary if someone is looking to use analogue and get a community licence. For a station that might be broadcasting from someone’s bedroom or over the internet from a small studio, the jump to digital radio can involve a fee of £100,000, meaning that it would have to generate revenue of some £1 million a year to provide a DAB service through the local multiplex. Would that be tolerated in any other industry? There is in effect a shelf that stifles the natural growth of a business from a bedroom or of the amateur operation moving to internet broadcasting, then through to a small-scale broadcasting operation and then to who knows where. Large companies have literally been developed in people’s bedrooms. Microsoft, for example, started out as a group of students drinking Coca-Cola to keep them awake all night while they created code and is now one of the biggest companies in the world.

--- Later in debate ---

[Maggie Throup (Erewash) (Con)]

It is a pleasure to follow my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile). I should also like to congratulate my hon. Friend the Member for Torbay (Kevin Foster) on securing this debate on his Bill today. This is obviously an issue of great importance to those of us here in the Chamber and, I hope, to many other Members as well. I should also like to add my name to the list of people who are fans of “The Archers”. I, too, have been known to listen to each episode three times, although I must put on record the fact that I no longer have time to do that.

[Oliver Colvile]

Is my hon. Friend aware of a wonderful organisation called Archers Anarchists, whose members believe that “The Archers” is not so much a soap opera as a fly-on-the-wall documentary? Among its activities is the annual Sammy the Cat lecture.

[Maggie Throup]

I thank my hon. Friend for that intervention. I was not aware of that, but I am not surprised.

The issue that we are discussing today is of great importance to my constituents, especially those who live in the southern part of my constituency. I represent the constituency of Erewash, which has a community radio station called—not surprisingly—Erewash Sound. What is surprising, however, is that not every resident of my constituency can tune in to the station.

The Erewash Sound Community Interest Company was granted a five-year community radio licence in April 2008 and began its full service on 96.8 FM on Saturday 6 March 2010 from studios in what was an old school in Ilkeston. It is important to understand that it is a community interest company, which is a not-for-profit organisation. It is run by volunteers for the benefit of the people of the borough of Erewash. The running costs are covered by the sale of advertising, by sponsorship and, when the company can secure it, by grants, donations and fundraising.

Community radio across the country faces certain issues that continually affect their sustainability, and we are talking today about one way in which we could improve the sustainability of community radio operators. I am led to believe that the Community Radio Order 2004 places restrictions on community radio. Those include limiting broadcast power levels to quite low levels and stipulating that community radio stations can accredit only up to 50% of their total revenues to advertising and sponsorship. Indeed, some local radio stations cannot even sell any advertising or receive any sponsorship; they have to get their money from elsewhere.

Erewash Sound is currently restricted by the so-called 50% rule, but it has even greater problems. It was allocated a power allocation of just 25 W on 96.8 FM. That is just one point away from transmitters in Ashbourne to the west and Grantham to the east that broadcast commercial radio stations on 96.7 FM, making it difficult to separate the stations.

The 96.8 frequency is also used by BBC Radio Wales’s Welsh language service, which has a reported 125 kW of power, going up to 250 kW in some parts, and the transmitter is located in south Wales. Since its launch, Erewash Sound has suffered spurious and intermittent interference from the BBC transmitter, the effects of which can be severe, interrupting or even obliterating Erewash Sound’s transmissions in some parts of the borough. I am sure that people do not mind listening to the Welsh language programme, but I am afraid that not many people in Erewash will be able to understand what is being said. The problem is about differentiation and people being unable to listen to the local radio station. I understand from the operators that the effects are worse in fine weather—I reassure hon. Members that we have lots of fine weather in Erewash.

When Erewash Sound challenged Ofcom over the frequency allocated, it was told that 96.8 FM was the best frequency it could offer, which is really quite poor. Erewash Sound was also informed that 25 W was the usual power level allocated to community radio, yet there is evidence that other community radio stations have been allocated 50 W—double the power—or even 100 W. The problems are starting to build up. Low power and interference from the BBC transmitter result in over half my constituents being prevented from tuning in to Erewash Sound. Residents in Long Eaton struggle to tune in, and the problem is worst in the southern part of the area. Residents in Stanton by Dale, a village on a hill between Ilkeston and Long Eaton, can tune in, but people living beyond the hill are unable to. The low power and the bandwidth are restricting the transmission of this fantastic local community radio station. However, that does not prevent Erewash Sound from promoting the station and supporting residents in the south of the borough, even though they cannot hear it. The station lives in hope that things will change one day—hopefully as a result of this Bill—and that everyone in Erewash will be able to hear what Erewash Sound has to play. The outcome of today’s debate will determine whether all my constituents are able to enjoy the sounds of Erewash Sound.

I want to describe how Erewash Sound contributes to the community right across Erewash. In the summer months, Erewash Sound can be found at the fairs and carnivals in the two major towns of Ilkeston and Long Eaton. Erewash Sound provides outside broadcast facilities at the League of Friends of Ilkeston Community Hospital summer fair and the Ilkeston and Long Eaton carnivals. In fact, last summer I was invited to judge the floats at Long Eaton carnival alongside one of the presenters from Erewash Sound. I was so relieved to have a fellow judge, because I did not want to upset anybody when judging such fantastic floats that people had put a lot of effort into. He blamed me for the ones that did not win and I blamed him for the ones that did not win—it was a dual-purpose approach. Erewash Sound also actively supports the local Treetops hospice, including allowing the hospice’s business club to meet on its premises so that people can see what the radio station involves. It is really trying to reach out. Other hon. Members have already alluded to the importance of community radio as a training ground for budding presenters, and Erewash Sound has an academy that is open to local people regardless of age or experience.

It is completely wrong that while Erewash Sound supports my entire constituency, a great number of constituents cannot enjoy the pleasures of our local community radio station. The broadcasting gets off to a lively start every day with the breakfast show, hosted by Paul Stacey—my fellow judge at Long Eaton carnival. Next up is “Morning Plus” with David Allen, who will still be broadcasting now as he goes from 9.30 am to 1 pm. On a recent visit to the station, I had the pleasure of sitting in with and being interviewed by David live on air. We had a really good chat and a phone-in—the radio station is really interactive. David’s show finishes at 1 pm and is followed by “The Afternoon Show”, “Homeward Bound”, “The Alternative Show” and then “The Late Show”. For the insomniacs among us, the “Night Owls” show provides non-stop music throughout the night, but I always try not to listen to it because I like my night’s sleep.

Many members of the public in Long Eaton, and in the part of the constituency that cannot receive the community radio station, have told Erewash Sound directly that they really want to listen to the radio station. They want the proposed changes to be made so that they can tune in.

In my maiden speech back in July 2015, I spoke about how people in Ilkeston think that the residents of Long Eaton get everything and how the people in Long Eaton think that the people in Ilkeston get everything. Well, I usually say that they are wrong, because both towns get everything, but in this case Long Eaton residents are right—they do not get Erewash Sound. It does nothing to bust the myth when a community radio station called Erewash Sound cannot be heard in Long Eaton. In fact, a major part of the original bid for the community radio station back in the early 2000s was based on the premise that it would help to bring the two towns together, yet technology has so far stopped it doing that. The low wattage and the constituency’s topography have got in the way.

The Bill would allow an affordable DAB licence that is accessible to community radio stations such as Erewash Sound. My discussions with Ofcom have resulted in my reaching the conclusion that an affordable DAB licence is the only option available for Erewash Sound to be able to fulfil its goal of bringing together and broadcasting to my whole constituency. I support the Bill and hope it completes its next stages without delay so that Long Eaton can enjoy the delights of Erewash Sound.

I finish by thanking everyone at Erewash Sound for providing such great entertainment and for supporting the whole community through its community action, even though it does not broadcast throughout the whole constituency. Erewash Sound does a fantastic job, and it is all voluntary. I am sure that people in Long Eaton want the Bill to be passed as quickly as possible so that they can enjoy the same benefits as Ilkeston.

Broadcasting (Radio Multiplex Services) Bill

Maggie Throup Excerpts

Committee Debate: 1st Sitting: House of Commons
Tuesday 31st January 2017 Public Bill Committees

[Kevin Foster (Torbay) (Con)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I thank the members of the Committee for agreeing to serve on it and for their attendance on what is a significant day for Parliament. It is worth saying that the Bill is significant in the impact it will have, and it is worth reminding the Committee that this is the first stage of a three-part process.

First, hopefully the Bill will become an Act and set out a legislative framework to enable small-scale digital radio multiplex services. The second stage—I am delighted to have the Minister on my right—would be a consultation on the orders necessary to create the detail of that legislative framework. Finally, on the basis of that, there would be individual licence applications to Ofcom to put individual multiplexes into operation.

The Bill comes at a timely moment, when we are seeing more and more commercial radio stations and literally hundreds of community stations. At the moment, they are virtually exclusively on analogue frequencies due to the problems they encounter in going on to DAB from the current licensing structure and system. That also means that, sadly, some areas do not have a local digital broadcasting service; they have only the national multiplexes. That is why I think the Bill is so important, and hopefully the Committee will agree to its making progress today, to give those stations an opportunity to go on to DAB.

Members of the Committee will be pleased to hear that I will not rehearse all the arguments we heard on Second Reading. I will be clear that no part of the clause requires anyone to go on to DAB and there is no requirement to provide for anyone to go on to DAB.

[Maggie Throup (Erewash) (Con)]

I am concerned about my local community radio station, Erewash Sound. Will my hon. Friend clarify whether the Bill applies just to community stations, or does it also include small commercial radio stations?

[Kevin Foster]

The Bill states that it

“may…require small-scale radio multiplex services to be provided on a non-commercial basis”.

We need to be clear that multiplex is the infrastructure of broadcast rather than the stations. It would therefore be possible where appropriate for small-scale commercial stations to broadcast via such a system—that would not be prohibited by the Bill—but the detail of that would come in the consultation and the orders issued by the Minister, and I believe that would have to come back to Parliament through the affirmative procedure to be agreed. The Bill is not restricted to community stations—small-scale commercial operators would be able to go on to this system—but its purpose and intention is mostly to target the community sector. In the consultation, some details have been considered about exactly how the orders will be framed so that it does not become a way for larger national operators to avoid their regulatory system.

The clause is mostly about sending a message, in particular in subsection (4) which says:

“An order under this section may in particular”.

There was some debate on this in the Chamber, and I know some letters have been sent to hon. Members on this Committee raising particular points. I make it very clear that it is a “may” in there, not a “must”. The clause is there to give a clear understanding of Parliament’s intention in passing the Bill, and some examples of the things that could be put into such an order and into individual licences. However, the list is not exhaustive and the clause allows the flexibility that will be needed in what could be hundreds of individual circumstances and individual applications for licences under any future order.

If we gave no indication of our intentions and the idea behind the Bill, that would leave it too wide. However, if we turned that “may” into “must”, we could end up with some bizarre outcomes in which we would all have wished an operational licence to go ahead, but we had drawn the legislation too tightly, not giving the Department and the Minster enough flexibility in the orders they wished to bring forward to Parliament for approval.

For me, it is ultimately about helping a sector of our economy grow and flourish. As I said on Second Reading, we also always have to consider the alternative. What if we say no, and decide that the Bill should not proceed? The reality of that would be no change to the current framework for the licensing and regulation of digital radio networks, which is nearly 20 years old and was designed to facilitate the development of the national and large local digital radio networks. We would effectively be looking at the successful trials and saying no, we did not wish them to go ahead. The hon. Member for Bristol South is in her place; we have seen the success of the trials in 10 locations, including Bristol, bringing new and diverse choices. In particular, stations that were internet only have been able to become broadcast stations. We would be saying no, we did not wish that to happen.

The trial licences are not an appropriate basis for long-term licensing of this new technology. Again, a point was picked up on Second Reading about what would happen. It is almost certain that the new radio stations that have been created—new listener choice—would have to be brought to an end. In short, it would be a huge opportunity missed. It is also worth noting that the complexity of running one of these types of stations has reduced quite significantly as the technology has developed. Again, the clause and the Bill are extremely timely.

I recognise that the Bill has a targeted power to modify primary legislation by statutory instrument but, as I said on Second Reading and mentioned again to the Committee today, this approach is incredibly similar to the way in which Parliament created tailored regulatory regimes in similar instances, for example through the Community Radio Order 2004 and the secondary legislation that was used in 2012 for local television. So there are clear precedents for including the power and, as touched on already, it would be exercisable only by affirmative order, requiring the scrutiny and approval of both Houses.

I do not intend to detain the Committee for too much longer. I hope that Members will find this clause acceptable and wish to support the Bill, so that it can progress and we can give a vibrant area of culture and business a real opportunity to go on to a digital broadcasting network.