Note of Advisory Committee Scotland meeting – 27 June 2005, Sutherland House

Present:

Joyce Taylor - ACS
Selma Rahman – ACS
Andrew Muir - ACS
Susan Neal - ACS
Julie Ramage - ACS
Fiona McLeod - ACS
Martin Robertson - ACS
Thomas Prag – ACS (minute 4 till end)
Philip Schlesinger - ACS
Neil Fraser - GMS
Fiona Ballantyne – Consumer Panel (minute 4 till end)
Vicki Nash – Ofcom (ACS Chair minute 1 to 7)
Tony Stoller – Ofcom (ACS Chair minute 7 to end)
Philip Rutnam – Ofcom (minute 9 to 10)
Graham Howell - Ofcom
Alan Stewart - Ofcom
Claire Mack - Ofcom
Zahid Deen – Scottish Executive (minute 7 to 9)
Sue Kearns – Scottish Executive (minute 7 to 9)

Apologies for Absence

1. Apologies were received from Matthew MacIver and Jim Hunter

Minute of the previous meeting (2 March) and matters arising

2. Julie Ramage asked that the minute be amended to reflect her attendance at the meeting. Neil Fraser requested changes to para 5; the word ‘module’ to be inserted after SQA and the word ‘to’ be inserted in the next sentence after ‘possible’. A later sentence should be amended to read “Ofcom would sit on that Alliance which has a shortage of Scottish reps”. On page 8 the word programme should be pluralised.

3. Matters arising required an update on FOI. To date Ofcom has dealt with 600 requests, 90% within the 20 day timeframe. Legal advice is that Ofcom is not a Scottish public authority so is governed by the English and Welsh Act rather than the Scottish Act. Concerning geographic numbering, a “National Telephone Numbering Plan” was published on 14 June dealing with conservation areas. A broader consultation would happen towards the end of the year. Consumer research would be going ahead as part of the wider review. A media literacy questionnaire is being compiled by Ofcom and members could feed into this via their representative. It was suggested that Ofcom should make greater efforts to access the views of NGOs and the voluntary sector. Members were asked to bring thoughts on this to the next meeting.

4. As a point of clarification Neil Fraser wanted ACS to note that education was part of the remit of the Gaelic digital channel but not the focus. Funds would not be diverted for this purpose. Members asked about progress on options for local television. The project had been spun out from PSB Review and would conclude by year end. Ofcom was looking for members who wished to participate in this work. Julie Ramage, Joyce Taylor, Selma Rahmann, Susan Neal and Thomas Prag expressed interest. The Nations and Regions Audit may offer similar participatory opportunities.

Director’s Report

5. Members asked for information on some events and stakeholder briefings. The relationship between Ofcom and SwitchCo needed to be clarified. ACS also wanted clarification on spectrum allocations for digital transmission. A programme of Codes workshops were being rolled out; members felt that the community broadcasting sector should be specifically targeted especially given recent Community licence awards. This would be taken forward by Ofcom staff at the appropriate time.

Review of Public Service Broadcasting

6. The Committee were updated on the implications for PSB now the Review had concluded. Press articles had appeared suggesting a challenge from the VLV, but as yet no official notification had been received. The next Review could start in 2009 to conclude 2010 but other work related to DSO and ITV licences would be ongoing.

Presentation by Scottish Executive on Broadband

7. Sue Kearns and Zahid Deen from the Telecoms Policy Unit of the Scottish Executive reported on progress and projects relating to broadband in Scotland. ACS were urged to maintain dialogue with the Executive on this matter and particularly in relation to rural broadband access and areas with no coverage. The Executive were keen to formalise their relationship with ACS and hoped that they would identify and look at issues of concern.

8. ACS were interested in the strategy for broadband in terms of provision and take up. The focus initially was on provision now that progress has been made in this area; take up is becoming more prominent. Consumer Panel research had identified that many consumers and small businesses do not appreciate the benefits of broadband and some actually do not require it. The technical constraints of reaching some areas in Scotland were discussed and the Executive outlined a variety of programmes designed to address this. ACS were keen to monitor progress.

9. ACS expressed that they would like to be clearer about future engagement on this issue and how the process might work. This was to be an agenda item for future meetings of ACS as strictly speaking there is no legal or formal engagement policy and whatever happens needs to be within the current constitutional framework.

Ofcom’s policy on telecoms regulation

10. Following publication of Strategic Telecoms Review, ACS were updated on the recommendations. Consumer issues in the telecoms sector were also discussed.

Radio Review Feedback (delayed from morning session)

11. Issues raised by the radio sector were relayed from the consultation session held on 13 May. The transition to digital for smaller stations and clarification of guidelines and regulatory requirements had been key issues.

Consumer Panel Research

12. ACS were given an update by Fiona Ballantyne on recent Consumer Panel research into consumer experience of communications. The Consumer Panel want to see people with sufficient information and confidence to make informed choices. More research is required and the Panel are looking for partners for this. The Consumer Panel would welcome comments from ACS on the research.

Future Arrangements for Advisory Committees

13. The Ofcom Board considered views from all Advisory Committees. It had been agreed that an independent chair would be appointed to all ACNRs, there should be provision made for up to 2 additional meetings per year to meet business requirements and that the formal process for comments to the Ofcom executive should be routed via the relevant DON. A working relationship between ACNRs and the Consumer Panel had also been agreed. ACS were encouraged to identify as well as respond to issues affecting Scotland.

Revised expenses policy

14. The paper was noted. Members raised an issue with the electronic version of the form to be taken up by Ofcom staff. The payment of caring expenses was raised. Ofcom did not make payments for this reason but it would be raised for consideration.

OCC Information

15. Ofcom could raise an investigation regardless of the level of complaint on a broadcast matter. Telecoms complaints were generally referred to the supplier or routed via Alternated Dispute Resolution schemes.

AOB

16. ACS were updated on Content Board business, specifically the launch of the new Broadcast Codes. Information on Ofcom’s Review of the Production Sector was requested by a member. ACS considered issues they wanted to raise in their meeting with the Ofcom Board following the ACS meeting.

17. ACS were invited to become involved in the Audit of Nations and Regions. Any members interested should email the DON.

DONM

18. The next meeting would be held on 14 September in Edinburgh, venue TBA and the next again meeting would be on 7 December in Glasgow. ACS were asked for their preference of which meeting they would like to extend with a pre-meeting the night before to discuss strategy ahead of Ofcom’s Annual Plan deliberations. It was agreed that the next meeting should be held over 13/14 September. ACS were also to meet the Broadcasting Council for Scotland. This was scheduled for 2 December.