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19|06|06

Minutes of the ninth meeting of the Ofcom Advisory Committee for NI

9 March 2006 – Ofcom Northern Ireland, Landmark House, Belfast

Members present:

Wallace Ewart (Chairman)

Sinead Boyle

Carol Burrows

David Elliott

Michael McKernan

Jane Morrice

Una Murphy

Leslie Orr

Gerard Parr

Apologies:

Brian Collins

Mags Connolly

Glyn Roberts

In attendance:

John Ellison BT Northern Ireland (afternoon only)

Martin Hart Ofcom, London

Graham Howell Ofcom, London

Kevin McLaughlin Ofcom Consumer Panel

Joanne McMullan Ofcom, Northern Ireland

Lila Truesdale Ofcom, Northern Ireland

Aidan Walker BT Northern Ireland (afternoon only)

Denis Wolinski Ofcom, Northern Ireland

1. Apologies

1.1 Wallace Ewart welcomed all present to the ninth meeting of the Ofcom Advisory Committee for Northern Ireland and registered apologies for Brian Collins, Mags Connolly and Glyn Roberts.

2. Minutes of the last meeting and matters arising

2.1 The minutes of the last meeting were agreed.

2.2 There were no matters arising.

3. Director’s Report

3.1 Denis Wolinski presented his Director’s Report

3.2 With regard to the Television Production Sector Review members raised the importance of reflecting ‘normal’ Northern Ireland life in network programming.

Action: Wallace Ewart and Sinead Boyle agreed to respond to the TPSR consultation on behalf of the ACNI.

3.3 With regard to the Radio Review members expressed interest in how the stations’ ‘localness file’ would be maintained.

Action: Joanne McMullan to provide ACNI with more information on this.

3.4 Members welcomed the work of the ComReg Ofcom Joint Working Group in encouraging Mobile Network Operators to eliminate inadvertent mobile roaming. The importance of letting consumers in Northern Ireland know about new tariffs recently introduced by operators in the Republic of Ireland was discussed. The Chairman drew the Committee’s attention to Ofcom’s recently published guide to using your mobile telephone abroad.

3.5 Members asked if the new Single Non-Emergency Number 101 was covered in Ofcom’s document setting out its approach to VoIP services.

Action: Leslie Orr agreed to draft a response to this consultation.

4. Audit of Nations and Regions

4.1 DW gave the Committee an overview of Ofcom’s work on the Audit of Nations and Regions.

4.2 The Committee asked if benchmarking the UK with the rest of Europe formed part of the Audit. DW explained that the Audit focused on the availability and take-up of communications across the nations and regions of the UK.

4.3 Given DETI’s investment in promoting broadband to business in Northern Ireland the Committee questioned the lack of data on broadband take-up amongst this group. DW clarified that this project had involved an audit of existing research, rather than the commissioning of new research.

4.4 The Committee commented on the low numbers of people with access to internet at home in Northern Ireland. It was thought that perhaps high levels of public internet access contributed to this. Some 120,000 different users access the internet via libraries in Northern Ireland every month.

4.5 There was concern that the reported low levels of disposable income in Northern Ireland, coupled with expected rises in rates and the introduction of water charges, might have implications for Digital Switchover in Northern Ireland when it came to having to purchase new equipment.

4.6 It was suggested that in future Audits Ofcom might consider looking at the differences between urban and rural communities in Northern Ireland.

4.7 The importance of briefing government departments here in advance on the findings of the Audit was raised. DW confirmed that this already formed part of the communications plan for the Audit launch.

5. Update on RAJAR figures

5.1 This item was dropped from the agenda owing to time constraints.

6. Consumer Toolkit

6.1 Kevin McLaughlin updated the Committee on the Ofcom Consumer Panel’s launch of a Consumer Toolkit.

6.2 The Committee welcomed this work and asked for further clarification on how consumers can engage with Ofcom.

6.3 Graham Howell said that Ofcom maintains a website and a consumer contact centre. KMcL added that with the appointment of a new Head of Consumer Policy and the launch of the Consumer Toolkit Ofcom were evidence of Ofcom’s commitment to protecting the consumer interest.

7. Content Issues

7.1 Martin Hart gave a presentation to the Committee on Ofcom’s approach to the regulation of content issues.

7.2 In response to a question from the Committee MH elaborated on the sanctions available to Ofcom in respect of licensees who are ‘repeat offenders’ in contravening the Broadcast Code.

7.3 With reference to Ofcom’s work on food advertising to children the Committee suggested that Ofcom might like to think about promoting consultations like this to a wider audience – perhaps producing a document which simplified the arguments. MH noted this suggestion.

7.4 The Committee welcomed Ofcom’s intention to examine the issues around the regulation of the internet and suggested that this issue should be discussed further at future meetings of the ACNI.

7.5 MH was asked how television producers could be incentivised to make more programmes for the ‘national good’. MH explained that Ofcom is not prescriptive about the type of content commercial licensees should produce.

8. OCC Report

8.1 A report was tabled from the Ofcom Contact Centre detailing activity for the last three months.

9. BT Northern Ireland – Regulatory Compliance

9.1 John Ellison of BT Northern Ireland gave the Committee a presentation on the organisation’s regulatory compliance in Northern Ireland.

9.2 Members were particularly interested in how equivalence was being delivered in Northern Ireland given the exemption from structural separation agreed under the Telecoms Strategic Review.

9.3 JE explained that the undertakings and the outputs they were intended to achieve were being delivered in Northern Ireland as elsewhere in the UK.

10. BT Northern Ireland – Consumer Issues

10.1 Aidan Walker of BT Northern Ireland gave the Committee an overview of the organisation’s approach to consumer issues.

10.2 Members were concerned about the instances of customers paying for high speed broadband up to 2mb and only receiving speeds of 512kb.

10.3 AW confirmed that BTNI had been deliberately cautious about over-promising high broadband speeds.

10.4 In response to a question about DSL Max AW confirmed that it would be available at retail level in Northern Ireland from April 4 2006. Customers would get the highest speed available to them (up to 8mb) depending on their line length.

10.5 AW was asked if there were any opportunities to encourage broadband take-up in Northern Ireland by offering a tariff structure based on the actual speed a customers could received. AW clarified that since broadband is a regulated product any prices differentials would have to be agreed with Ofcom.

10.6 AW was asked if BT had any plans to reinstate the single phonebook previously in circulation in Northern Ireland. AW confirmed that it did not have any plans to do so.

11. Any Other Business

11.1 There was no other business.

11.2 The date of the next meeting is Thursday 8 June at Landmark House.