BEIRG SAY “THOSE WHO DO NOTHING WILL LOSE OUT!”

The following is the text of the BEIRG statement:

“It is Vital that all PMSE users that will be affected by the consultation get involved and respond. BEIRG will provide as much assistance as we can, but at this stage PMSE equipment owners and users now have to get involved and make your voices heard.

On 30 June 2009, Ofcom published a statement setting out their decision to clear the entire 800 MHz band. This means that if you have wireless equipment such as radio microphones and/or in-ear monitors which operate in channels 61-69, they will be rendered obsolete by 2012/2013.

Enforced eviction of PMSE from the 800 MHz band will therefore result in major cost implications for all those that own affected equipment. Ofcom and the Government agreed to the principle of putting a funding mechanism in place to cover the costs of migration by paying to replace affected equipment.

Last week, Ofcom published a consultation – Clearing the 800 MHz band; Funding for programme making and special events – setting out their proposals by which PMSE equipment owners will be eligible for funding, and under what criteria. These criteria fall a long way short of what is required. Owners of ALL PMSE equipment MUST respond to this consultation document if they are to stand any chance of being able to change the limited and narrow nature of the eligibility criteria that Ofcom has set out.

The only way that users stand any chance of effecting changes to the current proposals is by speaking up NOW! Ofcom Funding Consultation Document Here

*WHAT OFCOM SAY*

Key funding proposals:

Who/which equipment will be eligible for funding under the current proposals set out by the consultation? –

Equipment hire companies that did not need to be licensed should be eligible for funding, subject to providing clear verifiable evidence that renting, not operating, PMSE equipment is the basis of their operations. – Aside from the exception of rental companies, only those who held a channel 69 license on 2 February 2009 or during the previous 12 months will be eligible, subject to verification by the JFMG licensing database.

Only equipment that was purchased before 2nd February 2009 or was bought between 2nd February 2009 and 30th June 2009 for ‘compelling’ reasons will be eligible with various demanding justifications.

Only equipment that is tuneable to channel 69 will be considered as eligible for funding subject to strict criteria.

Who/which equipment will *NOT* be eligible for funding under the current proposals set out by the consultation?

Equipment purchased after 30 June 2009. It is Ofcom’s view that their new ‘bandplan’ for channels 38-40 will mean that nobody will need to buy channel 69 equipment again. – Those who did not have a channel 69 licence on 2nd February or up to 12 months before and had no legitimate reasons for allowing licences to lapse – Equipment that is not tuneable to channel 69 (unless there are ‘compelling reasons’ otherwise). Ofcom’s position is that although equipment that is tuneable to channels 61-68 is being affected (rendered obsolete) by the clearance of the 800 MHz band, only channel 69 gear will be eligible because they believe that they have provided sufficient termination of access notice for channels 61-68.

How much will equipment owners be allowed to claim?

Ofcom are proposing that the amounts involved will be based on the residual value of the equipment for the period starting on January 1st 2012 until the end of its ‘useful life’ with the end of 2018 as a cut-off date (Under this proposal, there will be a maximum residual value of any equipment of 7 years). Ofcom’s reasoning for this is that users would not have reasonably expected to be able to use channel 69 after this date. – There are other detailed questions and proposals on methodology of equipment valuation and funding calculation that need to be addressed

*WHAT BEIRG SAY*

While we welcome the fact that Ofcom consider that the PMSE community warrants a 51-page funding consultation document, disappointingly the content falls way short of what BEIRG had been expecting to see. We are effectively being ‘evicted’ from channel 69, along with the rest of the 800 MHz band on very sharp terms. The current proposals relating to funding eligibility and timing of eligibility are in BEIRG’s view totally unacceptable.

Owners of licensed equipment that operates on channel 69, and any other equipment that will be affected by the clearance of the 800MHz band, should be compensated in FULL, on a ‘new for old’ basis. This situation has been forced onto the industry, and users should not have to bear any costs associated with being moved to a new home.

Indeed the Digital Britain report stated; “The Government is committed to the timely release of 800 spectrum and will work with Ofcom to understand and meet the technical challenges. It has already endorsed Ofcom’s proposal setting out its plans to clear channels 61, 62 and 69. The Government will facilitate this replanning and will meet the costs incurred by broadcasters and PMSE users as a result of these changes.” Not some of the costs or a share the costs or a proportion of the costs.

Again – ‘The Government will meet the costs incurred by broadcasters and PMSE users.’ And PMSE equipment is in use across frequency channels 61-69 inclusive. All of the work that BEIRG has been doing over the past few years has ensured that the PMSE industry has been recognised, marked out and given ‘special status’. Ofcom has recognised that the diverse and disparate nature of our industry means that we are not capable of competing in a free, open spectrum market.

However it now seems that by dropping so many caveats into the funding eligibility criteria, Ofcom and the Government are going to make it extremely difficult for honest, hard-working PMSE users to claim what BEIRG believes they should be morally entitled to. PMSE owners and users should not be forced into increased levels of debt just to stay in business as a result of the 800 MHz clearance plan.

New users of the 800 MHz band will have everything to gain while existing users under current proposals will have everything to lose. BEIRG will of course put together a response to this consultation, which we would suggest all PMSE users then utilise as the basis for their own individual responses. Please send an email to alun(at)ranelagh.info if you wish to receive a copy of the BEIRG response once it is complete.

This process that has been forced on us has no benefit to the industry, only cost whereas every other potential user has a new business opportunity to build/grow/improve their busineses. It is imperative that ALL equipment owners that will be affected RESPOND to this consultation. This is the part of the process that we need your help with if we are to stand any chance of getting you what you deserve, not just what they are prepared to offer. BEIRG will also put together a response to this consultation, which we would suggest all PMSE users then utilise as the basis for their own individual responses.

If you have any questions about this consultation or any other spectrum related issues then please do one or all of the following:
• Join the BEIRG Group on Linkedin http://www.linkedin.com
• Join BEIRG if you are not already a member http://www.beirg.org.uk

2 Responses

  1. Hi there.
    I own a small sound rental company.
    I own 20+ channel 69 radio devices , which will obviously become redundant at some point before the end of 2012.
    I find both OFCOM`s proposal and BEIRG`s consultation wordy, unclearand without definative detail.
    Does anyone know at the very least a date or timespan for changing over channels. Not to mention a compesation package or definate frequency/channel. HELP !
    Colin Smith CWS Sound & Lighting

  2. Hi Colin, I think many of us would agree with you. It's been. Confirmed that the new channel will be 38 but much else seems uncertain, unclear and expensive!

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