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Hospital Broadcasting Association Rsl Response Radio Restricted Services and 55 to 68 MHz A response from the Hospital Broadcasting Association The Hospital Broadcasting Association (HBA) is a registered charity which promotes hospital broadcasting within the UK, supporting approximately 250 independent hospital broadcasting organisations throughout the UK, almost all of which are also registered charities. Over 50 of the current long-term radio restricted service licences (RSLs) are held by hospital radio stations, 27 broadcasting on a freely-radiating AM frequency, 11 broadcasting on a freely-radiating FM frequency and 14 using an AM induction loop. A number of hospital broadcasting stations also utilise short-term RSLs at various times as a means to promote their activities within the local community. The HBA welcomes Ofcom's review of the licensing and regulation of RSLs and audio distribution systems, and the potential use of the 55 to 68MHz frequency band. The HBA has consulted its members, and the following answers to Ofcom's specific questions are the considered opinion of the Executive Committee based upon the responses received from HBA's members. Short-term RSLs Question 1: Do you agree with the proposal to liberalise the restrictions on the issuing of S-RSLs in all areas where a new commercial service is advertised, or where a new commercial or community service is due to be, or has recently been, launched? If you do not agree with this proposal, please set out your preferred alternative explaining why you believe it would be a more appropriate option. The HBA welcomes Ofcom's proposals to reduce the restrictions on the issuing of S-RSLs. Question 2: What is the most appropriate way for Ofcom to decide between competing short-term RSL applications for broadcasts to cover the same event in the same area at the same time? The HBA would prefer the existing "drawing lots" procedure to continue, or for a simple "first-come, first-served" process. Small charities and community associations such as our members would not be in a position to make monetary bids for a licence. The concept of a "beauty parade" for S-RSLs appears to be overly burdensome for Ofcom and would open-up the whole process to the possibility of decisions being contested. Question 3: Do you have any comments on other areas of S-RSL policy, as set out in the ‘Notes for Applicants’, that you would like to bring to our attention? The HBA have no further comments to make regarding S-RSL policy. Long-term RSLs Question 4: Do you agree with the proposal to allow commercial establishments to apply for L-RSL licences? As the HBA does not believe that this proposal will affect any of its members, it offers no comment on this proposal. HBA - supporting Hospital Broadcasting in the UK For more information see www.hbauk.com, e-mail [email protected], or call 0870 321 6017. HBA is the trading name of the National Association of Hospital Broadcasting Organisations. Registered in England and Wales as a company limited by guarantee (No. 2750147) and a charity (No. 1015501). Registered Office: Mariners House, 24 Nelsons Gardens, Hedge End, Southampton, SO30 2NE Page 1 of 4 Question 5: Do you agree with the proposal to offer L-RSLs for shorter periods of one year or more, up to a five-year maximum? The HBA supports Ofcom's proposal to allow more flexibility in the licence period for L-RSLs. Question 6: Do you have any comments on other areas of L-RSL policy, as set out in the ‘Notes of Guidance for Applicants’, that you would like to bring to our attention? The HBA would like to suggest that, given the apparent lack of complaints from the commercial radio sector, some of the restrictions relating to the operation of L-RSLs could be relaxed. Two specific suggestions that have been made by our members are: That there be some additional flexibility as to the maximum transmission power allowed for RSLs. There have always been "problem" areas within licensed sites where reception of the RSL transmissions are difficult. Anecdotal evidence suggests that this situation is worsening with the modernisation of hospitals. Modern building techniques involve much increased use of metal, and this appears to be making reception of RSLs more difficult even within the confines of a single licensed site. Any blanket specified limit is, by nature arbitrary. Our members are not looking for large increases in radiated power, but are asking for some flexibility to be allowed so that local factors can be taken into consideration when licensed power levels are set. It is noted that the existing guidance to L-RSL applicants explains that geographically-close sites that are part of the same institution may be served by a RSL operator under a single Broadcasting Act licence but two separate WT Act licenses. In some cases, heathcare institutions are close enough together that a single transmitter (perhaps at a slightly higher power than currently allowed) can adequately cover both (or all) institutions, even though they are not on a single contiguous site. In these circumstances, it would be helpful if the rules could be relaxed to allowed both (all) sites to be licensed to receive service from a single transmitter. That there be a relaxing of the strict rule regarding non-acknowledgement of listeners outside the boundaries of a single contiguous site. This is closely related to the point above, but extends to patients in healthcare facilities served not under the restricted service licence but via other means. Hospital radio stations are increasing being delivered to hospital patients via "Patient Power" bedside entertainment systems. It is also possible to deliver the service to care homes and other healthcare institutions via means other than reception of an RSL signal. Our members are asking for confirmation that acknowledgement of listeners who are listening by other means will not be considered as a breach of the terms of the restricted service licence. Audio Distribution Systems Question 7: Do you agree that we should license 'ADS-RSLs' once the ADS trial ends on 31 August 2006? Yes. Question 8: Do you agree with the technical characteristics of the licence? If not, what alternative proposals do you have in mind? The HBA is concerned about the proposal to licence ADS-RSLs on a "non-interference, non-protection" basis. This appears to be inappropriate for a service that could potentially be serving hundreds or thousands of listeners. ADS-RSL operators will be required to apply for a licence and will, presumably, be allocated a specific frequency, in a similar way to how Programme Making and Special Events (PMSE) use of the spectrum is currently controlled. It therefore seems that, with the appropriate co- ordinated frequency-planning (see answer to Question 14), problems of interference can be minimised and that the reasonable expectations of ADS operators of interference-free operation can be achieved. Page 2 of 4 The HBA would also suggest, for the same reasons as specified in our answer to Question 6, relating to AM and FM RSLs, that flexibility be provided to enable higher transmitter powers where local circumstances make this desirable. Question 9: Do you agree with our conclusions on the potential interference issues concerning shared programme-making use of the spectrum? If you disagree, please give reasons. The HBA offers no comment in response to this question. Question 10: Do the current arrangements ensure that programme-making use of the 60.75 to 62.75 band at “known” events is adequately safeguarded? The HBA offers no comment in response to this question. Question 11: If circumstances permit, should 'ADS-RSLs' be available for longer than five days, and if so what is/are the appropriate licence duration(s)? Yes. See answer to question 12 for further details. Question 12: If circumstances permit, should the link between an "event" and an 'ADS-RSL' be removed to permit general "site" based licences? The HBA would like to see long-term ADS licences able to be allocated to be allocated to a site, for durations of, say, up to a year. The licences should be renewable on request. There is specific interest in the use of an ADS-RSL by at least one hospital radio station, as an alternative to an induction loop or AM long-term RSL. The station feels that a 60MHz FM ADS would provide better signal quality than the AM alternatives. Question 13: Do you agree that the availability of 'ADS-RSL' licences should be extended to ‘non broadcast’ frequency bands other than 60.75 to 62.75 MHz? If there is sufficient interest in ADS-RSL licences that applications are being restricted by the availability of frequencies with the 60.75 to 62.75MHz band, then efforts should be made to make available alternative frequency bands to meet the demand. Question 14: Do you have any comments regarding the costs and administration of 'ADS-RSLs'? To enable the co-ordinated frequency-planning between PMSE and ADS-RSL use of the 60.75 to 62.75MHz band, the HBA would suggest that Ofcom consider sub-contracting the administration of ADS-RSL licensing to the same sub-contractor – namely JFMG Ltd. The administrative and frequency-planning costs of ADS-RSLs would appear to be largely fixed irrespective of the duration for which the licence is applied. Given the similar coverage, the HBA would suggest that an annual ADS-RSL licence should cost a similar amount to an AM induction loop or FM L-RSL. Unused spectrum between 55 and 68MHz Question 15: Do you foresee interest in accessing up to 8MHz of frequencies in the 55 to 68 MHz band that are presently almost unused, and if so for what types of service and/or technology? Do you have any views on how Ofcom might release this spectrum to the market for use? The HBA suggest that one possible use for this frequency-band could be to provide point-to-multipoint audio signal distribution, for example to distribute a hospital radio service to multiple hospitals, care homes and other healthcare facilities within a particular locality.
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