Home > About Ofcom > Corporate Structure and Governance > Advisory Committees for the Nations > Advisory Committee Scotland > Notes of meetings > 18 February 2008

20|06|08

Meeting of the Advisory Committee for Scotland held in Sutherland House, on Monday, 18 February 2008

Present:

Thomas Prag - Chair ACS

Laura Alexander - ACS

Andrew Anderson - ACS

Andrew Muir - ACS

Susan Neal - ACS

Selma Rahman - ACS

Julie Ramage - ACS

Martin Robertson - ACS

Philip Schlesinger - ACS

Neil Fraser - Chair, Gaelic Media Service

Joyce Taylor - Ofcom Content Board Member for Scotland

Fiona Ballantyne - Ofcom Consumer Panel Member for Scotland

Graham Howell - Ofcom

Vicki Nash - Ofcom Scotland

Alan Stewart - Ofcom Scotland

Moray Borthwick - Ofcom Scotland

1. Apologies for absence

1.1 No apologies had been received.

2. Minutes of Previous Meeting

2.1 The minutes of the previous meeting were agreed, subject to the inclusion of Andrew Muir’s apologies in paragraph 1.1.

3. Matters Arising

3.1 In the interests of continuing to engage the ACS in discussions on future policy development, the DDR Team will host a workshop for Advisory Committee representatives on Tuesday, 11 March 2008 (early afternoon). It was agreed that ACS would send two representatives to discuss the design of the spectrum auctions. Chair proposed that Laura Alexander, Andrew Muir and Andrew Anderson be asked to check availability.

3.2 A member of the DDR team would also be visiting Scotland sometime in May to address interested bodies to improve understanding.

3.3 As advised at the previous meeting, Digital UK will be hosting an event in the Scottish Parliament. This has now been scheduled for 7 May 2008 and ACS members will be receiving invitations.

3.4 With regard to item 14.1 of the previous meeting, ACS again raised the question of people being unable to access broadband and felt it was important that they keep a watching brief. People should be encouraged to register their lack of access with the Scottish Government.

Ofcom Scotland were organising a meeting with the Scottish Government Telecoms team on this issue.

3.5 Chair, ACS and Andrew Anderson had attended a presentation by Digital UK in Inverness which they had found useful.

4. Director’s Report

4.1 The meeting between David Currie and Scottish Government ministers on 22 January had been very useful. There was an interest in learning more about media literacy and the Byron review and it had been agreed that a representative from the Media Literacy team would brief Ministers on this. A number of sectoral reviews had been carried out with one planned on ICT to which Ofcom Scotland would be invited.

4.2 Vicki Nash had been interviewed by BBC Radio Scotland and Reporting Scotland regarding BT’s request to alter rules on phone box removal. Despite issuing a press release on this matter, BT had not put any formal views to Ofcom.

4.3 The GMS Operating Plan had now been signed off by the Ofcom Content Board. A report on new appointments to the GMS Board had also been signed off by the main Ofcom Board, and an announcement will be made in due course. New Chair recruitment has also been initiated. Any input or suggestions from ACS on suitable candidates would be welcomed.

4.4 With regard to the Gaelic Digital Service, surprise had been expressed that the channel may not be on Freeview. ACS was advised that this will be reviewed by the BBC Trust in 2010. ACS expressed concern that if the GDS is not available on Freeview, the channel will not attract any non-Gaelic speaking viewers.

4.5 ACS was advised that the launch of the Communications Market Review and events on Public Service Broadcasting and Media Literacy will be taking place in April and May of this year. ACS will be advised of the exact dates once these have been finalised.

4.6 ACS was further advised of a possible MSP event in the Borders area. Ofcom Scotland to follow up.

4.7 Vicki Nash reported on the two annual plan events held in Glasgow and Dundee. Both events had been very successful. Although fewer people had attended the event in Dundee it was nevertheless very useful to engage with new stakeholders.

4.8 Chair, ACS had attended a recent meeting of the Highlands and Islands Broadcasting Federation at which the possibility of a Scottish Community Radio fund (as in Wales) was raised. Chair explained that it would be important that if such a fund was set up it was not limited to CR license holders but was available to those such as the Highlands & Islands stations who hold ‘full’ Ofcom licences. HICBF would raise the issue via the Scottish Broadcasting Commission.

4.9 With regard to Bauer’s takeover of Emap, it was agreed that ACS should keep a watching brief on this matter.

4.10 With regard to GCap’s decision to sell XFM, it was noted that there had been some press reports of a number of interested parties.

5. Pay TV

5.1 The ACS recognised that this was a complex market and that the condoc is a very thorough piece of work. The remedies need to be very carefully thought through given the current uncertainties.

5.2 ACS also acknowledged that there was a dichotomy of views. There was evidence of positive consumer experience but also anti-Sky sentiment. It was important for Ofcom to distinguish genuine consumer concerns from complaints from other, opposing operators. ACS agreed that consumers who watch a lot of football with the Sky package may appreciate the coverage however those who only want to watch the occasional match may be resentful.

5.3 ACS was aware of a consumer perception that all too quickly they felt obliged to take the highest cost bundle. There could be a case for more of an à la carte service however it should be recognised that it is only through bundles that some channels are financially viable.

5.4 Sport could be seen as a public service and there was the issue of what events should be regarded as "crown jewels". Are some platforms being locked out of live sport? However reference was also made to football as a business which needs rights for its commercial sustainability and which drives the pay TV market.

5.5 ACS felt Ofcom should take account of coverage issues in Scotland. Some areas can only receive digital satellite and not DTT.

5.6 ACS suggested Ofcom should examine the position of domestic and international football coverage in Scotland under the pay TV review.

6. Media Literacy

6.1 ACS was advised that Ofcom is engaging with Scottish Screen and BBC Scotland to take forward the media literacy agenda in Scotland. A conference is planned for later this year and discussions are ongoing regarding speakers and how best to engage with policy makers. This signifies a step change in how Ofcom is dealing with media literacy. ACS expressed support for these developments. .

6.2 Ofcom have now put media literacy as a key priority in the draft Annual Plan and there is general agreement that media literacy needs to move up the agenda.

6.3 ACS asked if efforts were going into arranging conferences or into developing educational materials which could be used by schools, etc. ACS felt that this would have a longer lasting effect and reach more people.

6.4 It was noted that, at the moment, Ofcom is developing materials purely for people with learning difficulties and using our existing networks e.g. Citizens Advice UK Online and libraries to place information about media literacy into their existing leaflets.

6.5 ACS suggested that there may be a role for other stakeholders e.g. Scottish Enterprise. ACS were advised that other organisations were welcome to contribute to media literacy efforts but at the moment Ofcom, the BBC and Scottish Screen would be the main partners. Vicki Nash further advised of other ministerial interest in the briefing meeting referred to in para 4.1 above.

6.6 ACS requested clarification on the definition of Media Literacy: if Ofcom had to have a headline definition what would it be? ACS was advised that media literacy is viewed as a better understanding of the nature of content and methods by which information is made available. This comes under three headings: access; understanding and creativity. Ofcom’s focus to date has been on access – if people do not have access then they are not going to go much further, but the focus now is more on understanding e.g. young people tend to take information from the internet at face value without questioning its validity. The focus on creativity would be for the future.

6.7 ACS suggested that it may be useful to use the GLOW network to get digital resources into schools. Ofcom agreed that this would be very useful and was looking into creating materials mainly for teachers. Ofcom sees the main challenge as getting education departments to recognise the importance of media literacy and it is hoped that the Byron review of internet safety will provide the impetus for governments to find a space in the schools’ curriculum. Each nation will have a note of Byron’s outcomes to take action if necessary. It was noted that Northern Ireland has already fitted media literacy in the curriculum and is investing in teacher training and resources. It will be interesting to see if this effects any change in young people. The curriculum authorities in Northern Ireland also have a model where knowledge of the media and its impact is a cross-subject theme.

6.8 ACS expressed concern that although Ofcom was doing a good job facilitating, there was a perception that Ofcom was leading on media literacy and therefore other organisations did not need to. Surely Ofcom should be encouraging Scottish agencies to play a role in getting this into the mainstream of developments in learning institutions? It was reported that Ofcom could put materials created by partners onto Ofcom’s website which people could then access.

6.9 Ofcom resources for media literacy are limited, a point which ACS acknowledged, but suggested that more could be done with regard to providing links for people to helpful resources.

6.10 ACS was advised that the information currently on Ofcom’s website was aimed at stakeholders. The Media Literacy section contains research, publications, bulletins and links to other players in the field, but is not aimed at the general public. However the additional resources we have been granted may allow us to create a more consumer facing part of the website, so hopefully in a year’s time there will be a change in the way the general public can access media literacy material. . Unfortunately this will not help people who are not on line.

6.11 ACS stated that their concern was whether Ofcom was helping educationalists to find materials. ACS were advised that as an example of partnering, Ofcom had recently met with Learning and Teaching Scotland and offered an invite to an upcoming conference on social networking sites to be held at Riverside House.

6.12 ACS acknowledged that significant progress had been made on media literacy, but there was still considerable work to be done in the way it is presented. ACS wished to be kept informed and involved.

7. Nations and Regions CMR

7.1 The ACS was asked to comment on the possible stories from Scotland. The following suggestions were made:

“Freeview Lite” – especially in connection with DSO in the Border TV region. It also came up at the Dundee annual plan event.
Radio – the ongoing lack of DAB coverage in parts of Scotland.
The situation regarding the capacity available on Freeview for the GDS.
The role of Setanta in the pay TV market in Scotland.
DSO – given the imminent switchover in the Border TV area.
Information on those who want broadband but can’t get it.
2G coverage – including the issue of choice of operators.
Whether Scotland still watches a comparatively high level of TV.

8. PSB Review

8.1 ACS recognised the inroads being made in Scotland by London-based print titles.

8.2 There was also recognition of the different opportunities for carriage of PSB content but a view that we are not near the point of being able to give up traditional TV carriage. The evidence does not support a significant shift.

8.3 It was pointed out that the different scenarios in the grid tabled by Director Scotland were not mutually exclusive. The grid did not take into account the possible changes that might arise from deliberations about the devolution of broadcasting.

8.4 The governance/impartiality issues surrounding possible government funding of PSB were also recognised.

8.5 GMS was aware of the potential for the GDS to carry other Scottish content e.g. from Scottish Parliament but only outside of peak.

8.6 The view was expressed that Ofcom was blowing hot and cold about PSP. The PSP should have a remit to deliver on mainstream TV.

8.7 ACS agreed that there should be a provider of PSB other than BBC Scotland.

9. Scottish Broadcasting Commission

9.1 ACS was updated on the Scottish Broadcasting Commission which had published its first interim report. This had been favourably received albeit with media attention focussing on the out of London issue.

9.2 Ofcom Scotland is continuing to liaise with the SBC and will be having further input to the later phases of the SBC’s work.

9.3 Chair, ACS advised that he had been in contact with the SBC. Chair would like to submit some key points and suggested that ACS representatives could attend an evidence session.

9.4 Following discussion it was agreed that Ofcom Scotland would email a copy of the Scottish Broadcasting Commission’s questionnaire to all members of the ACS for their input. Returns would be collated through Moray and sent to Thomas, Philip and Julie who would work together to produce a final response from ACS.

10. Ofcom Contact Centre Information

10.1 ACS was updated on central operations contact information. The Kelvin MacKenzie complaint had resulted in a not-upheld verdict from Ofcom. Ofcom did not agree with every point BBC had made in its statement in response to Ofcombut did feel that MacKenzie's views had been sufficiently challenged throughout the programme and that viewers knew what to expect from the programme. The main telecoms issue was delayed installation. BT had explained that they had been experiencing problems with their order system, but that these had now been resolved.

11. Access and Inclusion

11.1 ACS was updated on the provision of public call boxes. Ofcom have arranged a meeting with BT in March to discuss, but has no plans to change the arrangements which were last reviewed in March 2006. At the moment there is no intention of opening the issue up to debate.

11.2 ACS was updated on mobile and broadband. With regard to mobile coverage, the granularity of the current information is not such that we are able to work out individual “not spots”. Ofcom has commissioned a report in Wales to study mobile coverage along the main trunk road from North to South Wales. This data will be used to discuss with providers and the Welsh Assembly on how gaps might be addressed.

Similar discussions are planned with the Scottish Government and this is something which is being looked into. Any feedback from the ACS on how high a priority mobile coverage was in Scotland would be welcomed.

11.3 With regard to broadband coverage ACS were advised Ofcom would be meeting shortly with the Scottish Government Telecoms team to discuss this. ACS expressed concern that a satellite solution may not be applicable to all. Ofcom agreed that we do need to consider a mix of technical solutions; the fixed line solution is to move to next generation networks. However, Ofcom cannot force or fund anyone to build a next generation network. The project was set up to see if there was anything we could do and it was decided that the best practice was to help government agencies and add knowledge to the debate.

11.4 ACS was concerned that some of the solutions which look like being adopted will not provide decent broadband for consumers e.g. a new Gaelic channel is to be provided by broadband and at present the Gaelic community does not have a good broadband connection.

11.5 Ofcom agreed that second-best solutions should not be accepted and although we do not have powers to force or fund providers we can raise this issue. ACS felt that provision of broadband should be considered from a USO point of view.

11.6 Ofcom were looking at producing some guidelines for regional governments and assessing the best way to take this forward. Ofcom Scotland to liaise with ACS to provide input. It was further agreed that this item should be on the agenda of the next meeting.

12. Ofcom Content Board

12.1 Joyce Taylor updated the ACS on the work of the Content Board. The Radio Licensing Committee has now completed the FM licensing round and is now looking at local digital multiplexes and community radio. The main radio issue now is the future of DAB and how this is seen to be playing out with the new national multiplex.

12.2 Joyce Taylor had also been involved in fairness and privacy cases and in the recent sanctions cases against GMTV, Channel Four and the BBC.

12.3 The Content Board is now heavily involved in the PSB Review Steering Group and Joyce Taylor undertook to keep the ACS advised of any specific issues which arise.

12.4 ACS requested that Joyce Taylor keep ACS advised of any issues in which they should be involved.

13. Ofcom Consumer Panel

13.1 The Consumer Panel are very interested in next generation access and broadband and are having an event and doing research in this area. One Consumer Panel member attended a conference in Holland regarding next generation networks and Fiona Ballantyne agreed to ask if he would be happy for his briefing note to be circulated to ACS.

13.2 Anna Bradley had been appointed as the new Chair of the Consumer Panel and the Panel were now moving into the next phase and were considering their priorities.

13.3 The Consumer Panel would like to see Ofcom publish its complaints statistics. This information is given to the Consumer Panel, but is not publicly available. The Consumer Panel felt this would help the public to be more aware of issues they should be concerned about.

13.4 The proposed Inverness conference has now been merged with an event being held in London.

13.5 ACS was advised that Ofcom is considering repeating the remote and rural event and a paper is being prepared on this for consideration.

14. Any Other Business

14.1 Neil Fraser gave a brief update on the status of the Gaelic Digital Service.

15. Date of Next Meeting and Schedule for 2008

15.1 The date of the next meeting was confirmed as 28 April 2008. It was agreed to host an event in the afternoon which would include the Advisory Committee and external people followed by a joint meeting with the Board. The proposed timetable is:

1000-1430: Advisory Committee Meeting

1500-1730: Meeting with Ofcom Board

1800 onward: Board Reception

15.2 The proposed timetable for the 23 June meeting is:

1130-1630: Meeting

1800-1930: Stakeholder reception

Followed by dinner

This would involve possibly one or two overnight stays for ACS members.

15.3 The schedule for the remaining meetings is:

17 September 2008

15 December 2008