The purpose of this consultation is to seek views on the opening of some programme-making spectrum to wider usage in response to demands from operators to be able to deliver audio distribution services at Sporting Events etc. Hitherto, the only opportunity to do this has been via the licensing provisions of the Broadcasting Acts and using spectrum set aside for sound broadcasting purposes.
We believe that it is appropriate to respond to the demand in another way, and offer greater licensing flexibility to operators. However, applicants will still be able to make requests for use of the sound broadcasting spectrum that we will consider under the current Restricted Service Licence Class procedures.
We propose to make available the programme-making spectrum that we have identified for this purpose for an experimental period of one year before deciding whether to move forward on a more permanent basis. During the experimental period, we will consider the range of applications received and the extent to which it is appropriate that applicants should make use of non-broadcasting spectrum through obtaining a Wireless Telegraphy (WT) Act licence and, particularly whether any content issues arise, and if so, whether they would need to be regulated under the terms of a Broadcasting Act licence.
We have also, informally through our Agents, JFMG, sought to ensure that making this spectrum available for new purposes will not adversely affect any existing users of the spectrum. However, this consultation also allows existing users of the spectrum in particular to make their views known.
This document details in tabular format all comments received by Ofcom in response to the consultation held between 9 February and 23 April 2004. It appears in three tables, one focussing on the positive comments received, the second on the concerns that were expressed and the third listing all questions raised from respondents. Both table two and three include columns detailing Ofcom's responses to these concerns.
Of the 14 responses, 10 were in support of the introduction of the licence for an experimental period. The comments below demonstrate their thoughts on the matter.
Positive Comments
- I can confirm that there has been a definite increase in demand for these kind of services
- 60MHz band is a suitable frequency allocation for these services
- Use of 60.75 - 62.75 is welcomed
- The bandwidth allocated is sufficient
- The power levels given would be sufficient to cover the kind of events my company are involved in
- We support the need for the licence to be for a restricted period of time, but would recommend making exceptions for long running sporting events, such as the Commonwealth games etc? - Ofcom states there are no long term events of this kind during the experimental period, and it is possible to apply for multiples of the five day licence.
- The provision will open up the market to a new tier of service provision that will benefit both end user and service provider
- The proposal is a great step forward
- The proposal will allow us to develop our markets further
- We would like to congratulate Ofcom on their initiative and forward thinking in running this consultation
- It is our belief that provision of this system at FA or Premier football will assist in minimizing crowd violence, by giving fans a greater understanding of referee's decisions and therefore the match.
- The provision will increase the supporters understanding and enjoyment of the game
- I strongly believe that ADS should go ahead
- This new service will produce new revenue streams for the industry, which will in turn be used to help improve the sport and facilities for the general public
- In general a move to ADS is welcomed
- Radio in large outdoor venues is now becoming a real alternative for the delivery of commentary and comment, instead of via PA delivery because of local authority noise regulations
- I welcome the proposal to extend the scope of the RSL provision
- I welcome the continuing support of existing areas of sports event coverage under the understanding that any new proposals would augment, and not replace the valuable RSL provision.
- The new provision should, in theory allow a greater flexibility of service provision.
- With a greater demand for RSL frequencies...an alternative service provision is welcomed.
This table shows the comments received from the 4 responses that expressed reservations about the introduction of the licence.
| Concern | Ofcom's Response | |
|---|---|---|
| 1 | Information transmitted via high powered radio mics is often confidential to the programme maker offering news exclusives, we have concerns that spectators will overhear these communications. | Any occurrences of this kind are likely to be on a small scale where PMSE and ADS are both present and only where ADS receivers are tuneable. |
| 2 | We are concerned that cheaper domestic equipment operating in the same band will lead to disproportionate loss of usable channels for high power mics by up to 50%, due to lower selectivity. Sharing of 2MHz blocks by PMSE & ADS is not practical - It is irresponsible to have mobile transmitters and mobile receivers on similar frequencies in close proximity, and to have a base transmitter radiating pass band of highly selective and sensitive receiver systems. | As highlighted in the consultation and the additional information subsequently published, ADS is secondary to PMSE and will be unprotected. Ofcom would expect co-operation between operators and PMSE on site to avoid problems. JFMG will also publish a list of events where ADS will not be available to ensure Programme makers' protection. |
| 3 | When ADS is co-located with high-power radio mics, the ADS users will suffer interference and wrongly blame the legitimate microphone operators. This could also cause a health & safety problem | The level of interference will be governed by the quality of the receivers and this is a matter for operators to consider. In addition it is likely that PMSE use may often not be co-located with ADS. |
| 4 | Several major broadcasts could be affected by these proposals this year | Major broadcast locations where the band is required for PMSE have already been excluded from the trial by JFMG. JFMG will publish in advance the events where ADS will not be licensed. |
| 5 | There is no technical conformity mentioned, including bandwidth and channel separation, modulation method; modulation deviation (if FM); spurious emissions (by ref to other directives); antenna height and type; pre-emphasis; or if stereo transmissions will be allowed. | IR2038 is the only standard to apply to ADS. Limits are not prescribed but, due to spectrum limitations, applications for wide bandwidths are less likely to be successful. They will not be channelised. Ofcom does not wish to be prescriptive on technical matters and will consider each request on a case by case basis. |
| 6 | The proposed power levels are inadequate for larger events and could cause operators to turn up the power. | ADS is a low power service intended to cover restricted venues. RSLs will still be available for large areas. If the ADS licensee turned up the power they would be in breach of their licence and subject to enforcement action. |
| 7 | This is an attempt to get around the fair and tight regulatory framework of the RSL system | This is a different service to RSL, intended for closed user groups. RSL is for general reception and remains for those who wish to use it. |
| 8 | The information services are restricted to those only willing to purchase equipment. | ADS is an additional service to RSLs. RSLs can still be applied for in the usual manner. |
| 9 | Changing frequencies at every event may cause some dissatisfaction for those who have purchased ADS receivers. | Fixed frequencies are not available. Operators should take this into consideration. JFMG cannot guarantee the same frequencies for events. |
| 10 | IR 2038 does not set any receiver standards | Noted. This is a matter for operators. We would expect operators to design receivers that are robust enough to minimise interference from PMSE transmissions |
| 11 | It is almost impossible to determine programme making 3 months or even 4 weeks in advance and this could restrict Programme makers if ADS has already been licensed at a venue. | JFMG are aware of the potential problem and will exercise extreme care in licensing multiple ADS frequencies. |
| 12 | Systems to broadcast sound to audiences already operate in Band 2 VHF and the reason for migration to this band is not apparent. | We believe ADS offer an additional choice in many circumstances to RSLs and, for some applications, complements the RSL arrangements, and will improve also the overall utilisation of spectrum. |
| 13 | Should this go ahead requests by programme makers in this band would cease. We would want 5 years notice or else be offered financial assistance to cover loss of investment and development of equipment. | We do not anticipate programme makers use to be impacted in any way. We are confident that ADS and PMSE will be able to co-exist happily. |
| 14 | The licences should be granted for a sports season at a time. | This is not possible due to the limited spectrum available |
| 15 | It may be useful for rights holders or venue owners to provide "original content" for transmission, such as announcements about forthcoming events and safety information. Given the relaxation of the ITC code of programme sponsorship we were surprised to see Ofcom has chosen to include advertising restrictions. | Ofcom considers that these are issues that still require regulation under the Broadcasting Acts. We will review this as part of the experiment |
| 16 | We request there is an expedited procedure available for certain exceptional circumstances to obtain a licence within 3 months and even up to 48 hours before an event. | We recommend that people apply for licences up to 3 months before an event. However applications will be processed with 5 days notice or less in exceptional cases, however frequencies cannot be guaranteed. |
| 17 | Having more than 1 licensee will effect the economic liability of a party having gained permission from a venue. | We have no reason to restrict the availability of spectrum except for spectrum management reasons. |
| 18 | The system doesn't prevent other licensees (without venue permission) selling equipment outside the venue (via internet) whilst using the other licensee's transmitter. | It will be possible for third parties to sell receivers. These are not licensees. Ofcom licences only relate to the transmission equipment and not the receivers. |
| 19 | Parties could buy up blocks of bandwidth to prevent another party getting it - gaining commercial advantage if it operates on a first come first served basis. There are no measures to prevent this. | JFMG reserve the right to restrict the amount of bandwidth allocated to any one applicant to avoid the blocking of spectrum to other users. |
| 20 | We suggest the same regime is used for ADS as for the RSL system. The market is familiar with the system, and it would make sense to maintain a simple one licence for one event system. | Our aim is to be more deregulatory in circumstances where there is no particular reason to have to award a Broadcasting Act licence as well as a WT Act licence or to use the frequencies set aside for broadcasting. |
Finally the table below lists a number of questions that the consultation raised.
| Question | Ofcom's response | |
|---|---|---|
| 1 | Could the use of the ADS be expanded so that it was not solely for relay of information originated from a radio mic to enable the delivery of a specialised commentary for visually impaired spectators? | ADS is not restricted to sporting events. Translations (including audio description for the visually impaired) will also be licensed. |
| 2 | Could there be a licence facility that allows for the test and demonstration of equipment at potential locations? | A licence can be obtained for individual tests at short notice from JFMG. We will not make a distinction between testing and operational use. |
| 3 | Where does the five day limit originate from other than for removing the possibility of full-time licensing? | The majority of envisaged events are very short - hours or a few days. 5 days is longer than most of the events ADS is intended for. |
| 4 | Will you be creating a regulatory framework that stipulates the measurable system performance characteristics that would normally be required for an RSL type broadcast? | IR2038 is the only standard. The trial has few restrictions in order to encourage developments and establish what demands there are. |
| 5 | What possible venues will the new system be used at? | Any location where it will not interfere with the primary PMSE use. |
| 6 | Could technical trials be conducted to assess the magnitude of problems/restrictions that may be caused by the introduction of the system to primary users? | We do not expect any problems to be caused, however the trial will enable us to review this. |
| 7 | Will allocations be on a secondary basis and restricted to one agreed channel per location? | Secondary use was specified in the Consultation. There are no restrictions on ADS operations other than the amount of bandwidth available at the event. |
| 8 | Will PMSE users be consulted on the choice of a suitable standard frequency? | No standard frequency. PMSE users will be consulted when JFMG considers there may be potential for a conflict with them. |
| 9 | What will the licence fees be? | Sound link licence fees (see regime information) |
| 10 | Is there a possibility of widening the spectrum available in the future? | Not during the trial. No other suitable spectrum has been identified. |
| 11 | What will be the lead times for allocations? | Five working days minimum. Licences will not be issued more than 3 months before event, or later if JFMG needs to plan for potential PMSE use. |
| 12 | Who will police the ADS, will it be as closely regulated as the RSLs? | Ofcom will monitor progress and may attend any events using ADS |
| 13 | Could a licence be granted at the same event to 2 event radio stations = 1 ADS and 1 RSL? | Certainly if spectrum is available |
| 14 | Is the permission of the event organiser required? | Ofcom does not require evidence of permission, but it would be sensible for the operator to consult with the site owner to ensure that they have no objection. |
| 15 | How will the public know what to expect? | This is a matter for the ADS operator. |
| 16 | Is the licence restricted to sporting events and venues only? | No. One purpose of the trial is to establish what demand there may be. |
| 17 | Would it be possible to use and re-transmit the BBC TV commentary along with the complete referee talkback communication? | Permission required from the copyright holder. Operators need to be aware of their legal position. |
| 18 | Will the system allow security/police to speak directly to spectators using the system - captive audience. | No, the licence will not allow any relay of original content. In addition the system will only be on a secondary basis, will presumably not be available to all attendees at an event and will also be unprotected and so would not be suitable for any health & safety related uses. |
| 19 | IS RDS data permitted (eg: using EN500067 CCIR450-1)? | Yes |
| 20 | Can the licence applicant request a specific frequency? | Yes, but no guarantee can be given to license a specific frequency |
| 21 | How are multiple frequency applications for multi language handled/charged? | One licence per frequency, if frequency is available. Charged at standard rate per 12k5 bandwidth. |
| 22 | Can radiation from the transmitter be omni-directional? | Yes |
| 23 | I assume that these are "links"and not radiation from primary transmitters to local receivers supplied to bulk listeners using small portable receivers? | No, the system is designed to be transmitted to individuals with small portable receivers. |
| 24 | Could we have a commitment for the trial period to cover the whole rugby season (for instance)? | We have announced that the trial period will end at the end of August 2005 to cover a range of sporting seasons. |
| 25 | Once initial events have been undertaken, can an early decision be made about making the system permanent to enable effective business planning? | We intend to consider the trial and announce further intentions prior to the end of the trial. |
| 26 | Will information regarding the issue of licences remain confidential? | We will not disclose names of licensees to third parties. |
| 27 | Can we ensure that no one party acquires more than one licence for an event (either alone or via an agent)? | JFMG will monitor applications. |
During February 2004 Ofcom issued a consultation on Licensing "Audio Distribution Systems". The consultation closed on 24 April 2004, and shortly after, a 14 month long experimental period was announced. This experimental period is due to expire on the 31 August 2005, however Ofcom would like to announce an extension of the period for another year, the closing date now being 31 August 2006 instead.
Reports from operators have been favourable thus far, however Ofcom have a number of policy and technical issues that need to be resolved before a final decision on the ADS licensing regime can be made. ADS applications will continue to be issued by JFMG until the end of the extended experimental period, 31 August 2006.
The consultation on Licensing "Audio Distribution Systems" closed on 23 April 2004. Ofcom received 14 responses, 10 expressing support for its introduction and the remaining 4 expressing a number of concerns and questions. These have been answered in the responses summary and replies published above.
Ofcom is grateful for all responses to the consultation, and has considered all comments received. Of the concerns and queries raised we do not consider that any justify halting the introduction of the new ADS provision on an experimental basis. Therefore Ofcom can confirm that the licensing regime will begin as of 1 June 2004 for an experimental period of 14 months. Ofcom has decided to extend the experimental scheme until 31 August 2005 to ensure that a full year's calendar of sporting events can be included. During this period Ofcom encourages users to give feedback on the progress of the regime to aid Ofcom in coming to a final decision on the viability of the scheme. These comments along with results from Ofcom's own monitoring and evaluation process will inform the decision to be made Summer 2005.
If this proposal is to be adopted after the experimental period, then Ofcom will need to amend slightly the procedural guidelines and other relevant documentation about WT Act licensing (currently published on the Radiocommunications Agency legacy website now referenced under the Ofcom website).
The information below is intended to provide interested parties with further information about the way in which Ofcom intends the proposed licensing of "Audio Distribution Systems" to operate. The information is being provided further to a number of queries raised during the initial consultation process.
Content constraints
"Audio Distribution System" (ADS) licences are not intended to be used for the transmission of original content or content specially developed for the purpose of the transmission. Therefore, unlike an RSL licence, ADS licensees will not be able to relay content that has been deliberately developed for the purpose of the ADS transmission.
This limitation will apply to all types of content, including studio analysis and commentary, advertisements, and programme sponsorship. An ADS may be used to relay content that already exists and is already subject to the provisions of a Broadcasting Act licence, such as programming sourced from broadcasters, either TV or radio. An ADS may also be used to relay content developed for another purpose, such as the speech of a sports referee communicated via a radio microphone. Translations will not be regarded as original content.
Allocation & assignment
Ofcom has received a number of enquiries about the application and issuance processes for ADS licences. We are now in a position to provide more information on how the process is proposed to operate.
Application forms will be made available on JFMG's website, and applications can be posted/emailed to them up to 3 months prior to an event. The turnaround for processing such applications should be no more than 5 days, except for major events where there is a greater need for coordination between multiple potential users. In these cases JFMG would normally expect to issue the assignments about four weeks before the event. If Ofcom proceeds with this proposal, applications will be accepted by JFMG from the date of the statement by Ofcom announcing implementation.
Licences will be issued on a first come first served basis. Applicants may request a specific frequency. However there is no guarantee that this frequency will be available, so flexibility is preferred.
JFMG reserve the right to deny an application if it interferes with the bands primary users.
There will be no restriction on the number of users allowed to hold an ADS licence at any one venue, nor on the amount of bandwidth that may be requested by any user. However, JFMG reserve the right to restrict the amount of bandwidth allocated to any one applicant to avoid the blocking of spectrum to other users.
It will be possible for an ADS and an RSL operator to be granted a licence at the same event. Unlike an RSL licence, Ofcom does not propose to require applicants to obtain the permission of the event organiser/venue owner before being issued with an ADS licence. It will be a matter for the licensee to secure any rights that it may require in order to operate lawfully at the venue (for example, for transmitter location, sales arrangements, etc).
Technical issues
Ofcom leave it open to operators to decide whether the equipment supplied to spectators should be set to a fixed frequency or tuneable across the range 60.75 - 62.75MHz.
IR 2038 (PDF, 216.1 KB) is the standard for PMSE use, ie. anyone with a JFMG licence. This standard will apply to ADS systems.
The band will not be channelised, and there are no prescribed bandwidths or details of channel separation. However due to spectrum limitations applications for wide bandwidths are less likely to be successful.
RDS data will be permitted and radiation from the transmitter can be omni-directional.
Ofcom and their agents, JFMG Ltd, do not wish to be prescriptive on technical issues and will be willing to consider proposals put forward for different technical approaches on a case-by-case basis.
Licence fees
The fee for this licence will depend on the bandwidth required by applicants. It will be based on the Sound Link tariff, which is currently £10 (GBP) for each 12.5kHz within this frequency band.
way of example, the fee for 200kHz for 5 days would therefore be (at current rates) £160 (GBP).
Licences will be issued for a maximum duration of five days, although requests for multiple time periods will be considered. Annual fixed site licences will not be available.
RSL policy
The introduction of the ADS licence will not affect Ofcom's policies or practices in relation to the issuance of RSLs in any way.
Monitoring & evaluating
Ofcom will make arrangements to monitor the ADS experiment to ensure compliance with (inter alia) content restrictions, and in order to evaluate the efficacy, use, and take up of the facility.
Our findings in relation to the experimental period will inform Ofcom's subsequent decisions on continuing this type of licensing.
Ofcom
22 March 2004