Radiofax transmitter undergoing maintenance during the summer of 1992.
Radiofax transmitter undergoing maintenance during the summer
of 1992.
"Off the Record " Short Wave Magazine January 1993.
NEWS RELEASE - 11 March 2002 Short Wave monopoly to EC Competition Commissioner
Trevor Brook has made a submission to Mario Monti, the EC Commissioner for Competition Policy, about the monopoly in short wave broadcasting in the United Kingdom. He is asking the Commissioner to investigate the refusal by the government to issue a licence for an independent short wave station, Radiofax.
Brook has been trying to obtain a licence since 1984. In 1997 he instituted an action in the European Court Of Human Rights but it ruled that the case did not constitute a sufficient curtailment of his Human Rights. In October 2000 he approached the Office of Fair Trading which concluded that the issue was simply not covered by the Competition Act.
Historically, there was one short wave broadcaster: BBC World Service transmission. On 1 April 1997 this body was privatised and became Merlin Communications International.. The government made no attempt to split the several UK transmitting facilities between more than one operator. Neither was any invitation made to potential new operators.
There is no monopoly for AM and FM broadcasts. BBC domestic transmission was privatised at the same time but there are several other operators.
On 14 November 2001, Merlin, with its monopoly, was acquired by Vosper Thorneycroft Holdings PLC for £95 million.
Trevor Brook comments: Apart from broadcasting BBC World Service, Merlin transmits programmes for overseas state radios, as well as for a variety of private organisations. This is what I have been seeking to do. It is outstanding maladministration that the government refuses to grant a licence to anybody else.
Contact: Trevor Brook Tel: 01483 275 997, Mobile: 07950 549 075, Fax: 01483 276 477. s.e@ndirect.co.uk Surrey Electronics Ltd., The Forge, Cranleigh, Surrey, GU6 7BG, England.
NEWS RELEASE - 27 February
2001
OFFICE OF FAIR TRADING GIVEN SHORT WAVE MONOPOLY EVIDENCE
Trevor Brook has today submitted evidence of the monopoly
in short wave broadcasting to the Office of Fair Trading. He has been seeking a licence for an independent short wave station, Radiofax,
since 1984.
Merlin Communications International
operates a monopoly because the British government refuses to issue a short
wave licence to anybody else.
As part of his evidence to the OFT, Trevor Brook has said:
"Indeed, I have no complaint against
Merlin per se.
"There is a parallel with air travel which may illustrate what
I mean.
Some years ago there was a situation
where one airline in this country used all the slots available to Britain for
transatlantic flights. This came to be recognised
as unfair.
Other operators based in the UK were
allowed a slice of that cake and British Airways lost its monopoly.
"You or I can go to Merlin and book broadcasts. I have
wished to operate on short wave for seventeen years. Other
countries in the world and the EU permit independent operators. There
simply is no special British reason why this cake should not be shared.
"The Radiocommunications Agency has explained to you how a country could
be regarded as overbidding for frequencies. Notably,
you have not been told that booking for just one more service would actually
take the United Kingdom to that point - because that would not be the case. This is manifestly evident when you recall that Merlin
has been able to undertake new broadcasts for many organisations.
"The dishonest frequency story is a smoke screen. An entrenched
departmental policy is causing a monopoly for Merlin which is not specified
by statute.
"Does this policy seem fair to you? Can
your organisation deal with it?"
Contact: Trevor Brook
Tel: 01483 275 997, Mobile: 07950 549
075,
Fax: 01483 276 477.
s.e@ndirect.co.uk
Surrey Electronics Ltd., The Forge, Cranleigh, Surrey,
GU6 7BG, England.
NEWS RELEASE - 21 November 2000
SHORT WAVE MONOPOLY COMPLAINT
TO THE OFFICE OF FAIR TRADING
The Office of Fair Trading has been
asked to investigate a complaint against Merlin Communications International
Limited that holds the sole UK licence for short wave. It broadcasts BBC World
Service and transmits programmes for overseas state radios, as well as for a
variety of private organisations and for itself. The complaint, issued by Trevor
Brook who devised the concept of Radiofax, an independent science, technology and media short
wave station, cites Merlin's monopoly of short wave broadcasting as a possible
contravention of the 1973 Fair Trading Act since the government will not grant
a short wave licence to anybody else. BBC World Service transmission was privatised
as Merlin Communications on 1st April 1997. The various transmitting facilities
were not split, nor were potential new operators invited. In contrast, BBC domestic
transmission, privatised at the same time, became Castle Communications and
was not granted a monopoly since it shares the market with NTL. Merlin broadcasts
independent stations on short wave from British soil. Since Trevor Brook first
requested a licence in 1984 the government has claimed there is no capacity
on the 993 short wave channels and refused to issue a licence. This led him,
in August 1997, to take the issue to the European Court of Human Rights in Strasbourg,
where the government not only used the frequency argument but further claimed
that to allow any other station on short wave would destroy Britain's reputation
and credibility abroad. The court recently ruled that under human rights law
the United Kingdom government could not be compelled to permit independent stations
on short wave because it did allow independent operators on the medium wave
and FM bands.
Trevor Brook says:
"I
have written to the Director General of Fair Trading, John Vickers, to request that he use his powers to look into this
apparent monopoly. Stories about lack of frequencies on short wave are no truer
than identical claims about medium wave and FM in the days before several hundred
independent transmitters took to the air. The dishonest government policy, concocted
by civil servants, may now end up damaging innocent operators in this field."
Contact: Trevor Brook
Tel: 01483 275 997, Mobile: 07950 549 075, Fax: 01483 276 477.
Surrey Electronics Ltd., The Forge, Cranleigh, Surrey, GU6 7BG, England.
NEWS RELEASE - 26 September 2000
EUROPEAN COURT OF HUMAN RIGHTS: Trevor Brook v. the United Kingdom (Application 38218/97) MONOPOLY QUESTION AFTER COURT RULES ON SHORT WAVE CASE
After a 16 year battle, the European Court of Human Rights has ruled that the United Kingdom government can not be compelled to allow independent stations on short wave because it did permit independent operators on the medium wave and FM bands. Under human rights law, the government can continue with its restrictive policy of refusing to allow independent stations on short wave, but this now raises the separate question of whether the short wave monopoly is legal under European Union competition law.
In 1984, Trevor Brook devised the concept of an independent science, technology and media news short wave radio station, Radiofax. He made his first written application to the government for a licence in August 1986, made submissions to Green and White Papers on Broadcasting in 1987 and 1989 and received support from Members of Parliament and the Chairman of the Independent Broadcasting Authority, Lord Thomson of Monifieth. The government, however, persistently claimed there was a lack of spare capacity on the 993 short wave channels and refused to issue any such licence. This led him, in August 1997, to take the issue to the European Court of Human Rights in Strasbourg.
In Trevor Brook's case before the court he asserted that the government had used an untrue premise in order to operate a covert policy of restricting media access, to the detriment of the public and in breach of Article 10 of the European Convention on Human Rights. In just one part of his case he drew parallels with identical claims about frequency availability made over the years by British governments in connection with medium wave and FM, yet many hundreds of independent transmitters are now on the air. Article 10 relates to freedoms of expression and communication. The decision by the court means the case is "not admissible" to proceed to a full hearing. There is no appeal or higher court at the European Court of Human Rights.
Trevor Brook comments:
"To those with a grasp of what short wave is, this is an example of comparing apples with oranges. Imagine a fictional country which happened to permit independent stations only on short wave: would it then make any sense to say that it should not be required to allow independent stations on medium wave and FM?"
Contact: Trevor Brook
- Tel: 01483 275 997, Fax: 01483 276 477, s.e@ndirect.co.uk
- Surrey Electronics Ltd., The Forge, Cranleigh, Surrey, GU6 7BG, England.