Minutes of the 11th Meeting of the Advisory Committee for Wales
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1 Minutes of the 11th Meeting of the Advisory Committee for Wales Caspian Point, Cardiff Bay 7 September 2006 Present: Tony Davies (Chairman) Nick Bennett Michael Clarke Kevin Fitzpatrick Julie James Lydia Thomas (Chair, Ofcom ACOD) Fred Heddell CBE Gareth Williams In attendance Rhodri Williams, Director, Wales Peter Davies, Director, Radio and New Media Graham Howell, Secretary to the Ofcom Board Hywel Wiliam, Head of Broadcasting and Telecommunications, Wales. Karen Roberts, External Relations Executive, Wales Welcome, introductions and apologies for absence 1. The Chairman welcomed all present, including three members of the Ofcom Advisory Committee for Older and Disabled People. Apologies had been received from Simon Gibson, Elizabeth Williams and Ian Clarke. Minutes of the last meeting, approval and signature 2. The minutes of the 15 June meeting were approved and signed by the Chairman. 3. Matters arising from the 15 June Minutes. Minute 3: Julie James had been sent a spreadsheet list of the Public Call Boxes situated in Wales. Minute 4: The Chairman informed members that a demonstration of interference detection equipment contained within the Ofcom Wales Land Rover Discovery vehicle would be provided by Ofcom technical investigation officers for interested Members during the lunch break. Minute 5: 999 mobile phone call roaming. Following the meeting held with the Ofcom Board in March, the Ofcom Chairman, Lord Currie, had agreed to respond to the ACW after this issue had been examined by Ofcom colleagues. This issue will
2 also be addressed in the Communications Market Report policy statement, due for publication by Ofcom at the end of this month which will state that: "Stakeholders identified the potential impact of lack of coverage in emergencies as a significant concern. Ofcom is exploring the possibility of enabling customers to make emergency calls only (i.e. 999/112) by roaming on to other providers networks when they are out of their home network s coverage. We have opened a dialogue with mobile operators but the implementation of a mobile roaming solution will also involve the engagement of the emergency authorities and the Department for Communities and Local Government." Minute 6: The Chairman explained that the PSP Creative Forum was essentially an Ofcom internal 'think tank' and there was no specific representation from the nations and regions and no involvement with the broadcasters. However, some experts on new media, gaming and Internet were asked to contribute ideas. In all around 8 workshop sessions were held in London. The aim was to develop a firmer proposition for the Public Service Publisher (PSP) - how it would be funded and how it would operate in a post DSO world. A policy statement may be published towards the end of the year but it is unclear if it will be a consultation at this stage. The Forum was chaired by Andrew Lilley, Chief Executive of Magic Lantern Productions, a digital media production and consultancy company. Andrew was recently appointed as a Member of the Ofcom Content Board. Minute 11: The Chairman referred Members to a briefing note on DAB prepared by Hywel Wiliam, which was distributed before the meeting. The Chairman explained that Members would have an opportunity to ask questions about digital/analogue radio coverage and policy to Peter Davies, Director of Radio and Multimedia, later in the meeting. In addition, Members had been sent a draft ACW statement on the key issues relating to Wales, identified in the April Communications Market Report, for discussion in item 7. Minute 15: Following receipt of the Ofcom Race Equality Scheme, Kevin Fitzpatrick asked for an up date on Ofcom's progress in producing a Disability Equality Scheme. Lydia Thomas explained that the Ofcom Advisory Committee on the Older and Disabled (ACOD) had been asked to advise on this issue and that a draft scheme was being prepared in advance of the November statutory compliance deadline. Director s Report 4. The report had already been distributed to Members. In addition Rhodri Williams also informed Members about the following matters: Ofcom Digital Coverage Project 5. Rhodri explained that this project was concerned with predicting the degree of future DTT coverage in areas currently only marginally served by analogue television. The aim would be to create a predicted coverage database which could be used by Digital UK in advising the public during the switch over process. Rhodri agreed to report back on the progress of this project in future ACW meetings. Television Self-Help-Schemes (SHS) 6. Rhodri explained that a consultation document would soon be published on the options for the operation of these schemes, in which small communities provide
3 improved reception via private relay stations. He explained that there are two types of SHS transmitters - Active Deflectors, which receive television signals and rebroadcast them on the same frequencies and Transponders which receive the signals but re-broadcast them on different UHF channels. The consultation would set out the technical and spectrum allocation issues involved in the conversion of these SHSs to digital terrestrial television transmission at switch over. Rhodri also advised members that Ofcom was due to conduct a joint presentation on DSO at the National Assembly for Wales debating chamber on 18 October and he invited Members to attend this day long event. Media Literacy 7. Rhodri told Members that Ofcom is holding a joint half-day media literacy seminar with Niace Dysgu Cymru on 11 October at the Park Plaza Hotel in Cardiff which Members were invited to attend. Colleague Changes Radio 8. Ofcom's Head of Media, Huw Rossiter, who was working for two days a week in Cardiff over the past few months, has left Ofcom to join S4C as Director of Marketing. On behalf of colleagues and Members Rhodri wished him well in his new post. 9. Meleri Thomas, from the Ofcom Wales office, has taken a three month secondment with the Ofcom media office in London. Rhodri added that this was an important opportunity for Meleri to gain extensive press relations experience in a very busy office. 10. Members were told that Ofcom intends to advertise a new FM radio licence for south Wales in the next few weeks (excluding Newport where there are no spare frequencies available). Rhodri added that, in addition, Ofcom intend to advertise a 'most of north Wales' licence next year. He added that both Real Radio and the company who wins the new south Wales licence could effectively bid to create a 'most of Wales' service. (If Real Radio won the north Wales licence its service would include Newport as its current service can already be received in the city.) In response, Members welcomed the prospect of a most of Wales s commercial FM licence area being created, long term. This would provide much needed competition for BBC Radio Wales and Radio Cymru. Policy Update 11. Rhodri Williams gave a presentation on the Quarterly Policy Update (QPU). 12. Administered Incentive Pricing: Instigated initially by central Government, Ofcom is now looking at this issue. The aim is to derive a consistent way to price the value of spectrum used by operators. Currently the broadcasters are not directly charged for their access to spectrum unlike the mobile phone operators. An AIP regime would eventually provide an extra incentive for the efficient use of spectrum. However, Ofcom has no intention to introduce AIP for the broadcasters until after 2014.
4 13. Mobile Strategy Review: Ofcom is due to conduct a review of the mobile phone market including the transition from 2G to 3G services. Members will be consulted on the Review's implications for Wales. 14. Digital Switchover (DSO): The DCMS and Digital UK have agreed to conduct a pilot DSO project in Whitehaven in the north of England. The aim is to simulate real conditions for DSO (without any support or free equipment as was the case in the Llansteffan/Ferryside and Bolton projects conducted in 2004/5.) Rhodri added that central Government was yet to agree the final details of the UK Targeted-Help- Scheme that will operate during the DSO period. 15. Investigations: the Freeserve v BT case, which has been an ongoing investigation for the whole time Ofcom has been in being is nearing to a close. 16. Contact Centre: Tag on Line is still a major issue (which causes difficulties when consumers wish to switch broadband providers.) Ofcom issued a press release in August, setting out how it intends to make easier to transfer between broadband providers. See: Video Conferencing facilities: The Ofcom Wales office in Cardiff is due to have video conferencing equipment installed by the end of November. This could increase access to Ofcom colleagues who are unable to attend ACW meetings in person. 18. Project Unify: The various ICT systems used by Ofcom, inherited from the legacy regulators, are to be merged into a new single system through the Unify Project which is currently being rolled out across the organisation. Once implemented the new converged system should improve Ofcom's operating efficiency. 19. Ofcom's Strategic Framework Project: The ACW agreed to look at this issue in future meeting and agree on its strategic priorities for this project. 20. International News: Lobbying work continues in relation to the proposed revised EU Television Without Frontiers Directive. Ofcom is also due to host an International conference in November looking at the availability of communications services. The Chairman noted that the Broadband Wales Observatory had conducted several surveys of broadband availability across the world. It was agreed that colleagues in Ofcom would be informed about the Observatory's work. Action: Hywel Wiliam. 21. Television Advertising of High Fat Salt and Sugar Foods: The fast food industry has proposed a fourth option for consideration by Ofcom. ACOD Visit 22. Lydia Thomas, ACOD Chair, outlined the work of the Ofcom Advisory Committee on Older and Disabled People (ACOD). The ACOD's brief is "to represent within Ofcom the interests of older and disabled people on broadcasting, telecommunications and spectrum issues and to ensure that Ofcom s policies and practices take into consideration views expressed by older and disabled citizens and consumers." Along with Lydia as Chair, the ACOD currently has 12 Members. The committee met for the first time in May The ACOD has contributed to several of Ofcom's consultations including the reviews of the Universal Service Order, the Strategic Review of Telecommunications and the provision of television access services. The ACOD has also been involved with service access for people with disabilities and aims to input into Ofcom's Disability Equality Scheme. 24. In the discussion that followed Members identified a number of common themes and concerns shared by the two committees. It was therefore agreed that it would be very
5 valuable to consider a longer meeting in future between two committees, to enable common themes to be examined in greater depth. 25. The ACOD Members were aware that Wales would be one of the first areas of the UK where digital switch over (DSO) would occur and as such it would be an important learning process for the rest of the UK. ACW Members explained that DSO raised important access and citizenship issues such as subtitling in Welsh and English, and the issue of overlap viewing, where the public might be watching services from England, thereby missing out on news and current affairs programming from Wales. In a devolved Wales, this has particular significance, as the network output carries little or no coverage of Welsh news, politics and current affairs. 26. Ofcom's activities in developing a Disability Equality Scheme were generally welcomed. There was a general concern about the level of self-reporting of disabilities by Ofcom colleagues (and more widely in other public bodies and with Ofcom's licensees). Employees might be reluctant to report that they have a disability for fear of prejudice by employers. It was also noted that the ACOD's brief, with its focus on older people, might be a problem in considering the needs of young disabled people. Lydia Thomas explained that, in this context, as a statutory committee, the ACOD had a specific remit and had to work within the terms of the 2003 Communications Act. There was also a discussion about the needs of sign language users and the problems caused by DSL broadband (as opposed to ISDN) in that packet loss/video frame losses would result in garbled messages. In response, Lydia explained that there was some expertise within the ACOD in this area, but more research is needed to assess the level of need in relation to costs and effectiveness of provision. 27. In conclusion, the Chairman thanked Lydia, Gareth and Fred for an interesting and illuminating presentation on the ACOD's work. Television Overlap Viewing in Wales 28. Hywel Wiliam gave Members a brief presentation on overlap viewing. Around 40% of viewers in Wales have the option of being able to receive television services from England as well as Wales. Given that around 85% of the press read in Wales is produced in London and the lack of coverage for news and current affairs about Wales on the UK networks, the phenomenon of overlap viewing raises concerns about citizenship and democratic inclusion in a devolved Wales. The issue was identified in the Communications Market Report for Wales, published in April and Ofcom's autumn policy statement will state that the option of conducting research in this area will be examined. Members were keen to include this issue as a key issue for Wales to be presented at the forthcoming strategy planning day for the Ofcom Boards and Committees, to be held in London on 18 October. Radio in Wales 29. Peter Davies gave Members a presentation on the future potential development of analogue and digital radio in Wales. Members had also been sent a briefing note on DAB in Wales before the meeting. Peter's presentation included an update on the roll out of the UK DAB multiplexes across Wales (operated by the BBC and Digital One) along with the soon to be advertised FM licence covering most of south Wales FM licence (excluding Newport) and the prospects for one or more licences to cover north Wales in future. If a licence to cover north Wales was advertised, following
6 International frequency clearance, Real Radio and whoever held the new South Wales FM licence could apply, creating the potential for an all Wales commercial FM service. 30. In response to a Member's question he explained that cost was a major consideration in the spread of further DAB, as well as frequency availability, particularly in North West and mid Wales. DAB is particularly expensive to broadcast currently, requiring a major investment from operators. 31. Although they welcomed the news that local commercial multiplexes are due to be advertised for Wrexham/Chester and Pembrokeshire, Members remained particularly concerned that BBC Radio Wales and Radio Cymru would not be available on DAB in mid and north west Wales and these services would not be as widely available as the BBC UK multiplex and the Digital One multiplex in Wales. Members also discussed the role of new technologies such as DRM (Digital Radio Mondiale) to provide an alternative to DAB transmission in rural areas. Currently however, there are very few DRM receivers available commercially and additional frequencies, on the medium wave, would have to be found in order to roll out such services in Wales. (For example, Radio Wales already uses 882 Khz to broadcast its service on AM. This frequency could be used for DRM, but only by ceasing AM transmission.) Short wave frequencies could also be used for DRM transmission - trails using this spectrum have already been conducted in London. But this spectrum is problematic and is prone to interference, particularly at the peak of the 11 year sunspot cycle. However, DRM has already been enthusiastically adopted by broadcasters in France, Germany and Luxembourg. 32. One member asked why Ofcom had decided to advertise an FM radio licence for Hereford and Monmouth, an area that straddles the English-Welsh border, and as with MFM in the north, could prove difficult to cover satisfactorily, from a cultural and demographic perspective. Peter explained that the licence was advertised in response to strong expressions of interest to serve the area by the radio industry. The service was originally designed to serve Hereford only, but several potential applicants wanted to include the northern part of Monmouthshire, particularly Abergavenny, within the proposed coverage area. 33. There was also a brief discussion about Ofcom's Digital Dividend Review and its relevance to radio. Peter explained that the spectrum concerned, in the UHF band, had limited applicability for radio, but one possible application was a new portable multimedia format, DVB-H. In relation to radio, he added that there were no plans to move towards digital switch over as with television. In response to another question, Peter explained that there had been several expressions of interest received from areas in Wales in relation to the second round of community radio licensing. 34. In conclusion, the Chairman thanked Peter for an interesting and stimulating presentation and discussion. He anticipated that the ACW would want to return to this subject area very soon. Future ACW Membership 35. Graham Howell set out the arrangements for how the ACW membership would be reconstituted during He explained that some Members' terms of membership were due to expire by February 2007 and that Ofcom would be recruiting for additional members during the autumn. Ofcom would conduct an open appointment process as had been the case with Content Board over the summer and that current Members whose terms were coming to an end were free to re-apply if they wished.
7 Strategy Planning Day, 18 October 36. Members identified the key issues in relation to Wales they would wish to be raised at the Strategy day. It was agreed that the Chairman and Nick Bennett would attend this event and report back to the full Committee in the 30 November meeting. Current Consultations 37. Karen Roberts provided Members with an overview of the current consultations being conducted by Ofcom. One Member wanted to know the status of the new assistance scheme being provided by BT under its Universal Service Obligations. Action: Hywel Wiliam Complaints & Consumer issues (OCC) 38. Hywel Wiliam provided Members with a summary of the complaints received by the Ofcom Contact Centre relating to telecommunications and broadcasting over the summer. Remaining Meetings in 2006: Thursday 30 November Cardiff Any Other Business 39. There were no significant matters.
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