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14|03|08

Meeting of the Advisory Committee for Scotland Held in Sutherland House, on Wednesday, 19 December 2007

Present:

Thomas Prag - Chair ACS

Laura Alexander - ACS

Andrew Anderson - ACS

Susan Neal - ACS

Selma Rahman - ACS

Julie Ramage - ACS

Martin Robertson - ACS

Philip Schlesinger - ACS

Vicki Nash - Ofcom Scotland

Alan Stewart - Ofcom Scotland

Moray Borthwick - Ofcom Scotland

Ross McKay - Ofcom Scotland

1. Apologies for absence

1.1 Apologies had been received from Joyce Taylor, Graham Howell, Fiona Ballantyne, and Andrew Muir.

2. Minutes of previous meeting

2.1 The minutes of the previous meeting were agreed.

3. Matters arising

3.1 Vicki Nash gave a further update on the current status of the Gaelic Digital Service. ACS expressed concern at the complexity of the PVT.

3.2 As agreed at the previous meeting, a response from ACS to the review of children’s programming had been prepared together with a response on NGA.

3.3 Also at the previous meeting the possibility had been raised of one of the future ACS meetings being held outwith Glasgow, possibly in Dundee. Vicki Nash suggested that, in view of digital switchover, Scottish Borders may be a more useful venue, particularly as it was intended to hold an Annual Plan event in Dundee.

3.4 Philip Graf had written to ACS seeking their views on range of issues. Thomas Prag had advised Philip that the ACS had submitted a paper on the future of radio. TP would check if a more detailed response was required to Philip’s letter.

4. Director’s Report

4.1 Vicki Nash had met Scottish Borders MPs and MSPs on the subject of the ITV/Border issue (proposed rationalisation of newsrooms). The issue would be addressed in the PSB review and events and research will be held in the area to sound out views. One MSP is minded to host an event around connectivity in the Borders area and Vicki Nash suggested that this could be an excellent opportunity for the ACS to host a joint event particularly if this coincided with the ACS visit to the Borders area (most probably for their June meeting).

4.2 ACS expressed concern at the takeover by Bauer of EMAP and felt that this may be an issue which the Scottish Broadcasting Commission should look at.

4.3 Vicki Nash requested ACS representation at two annual plan events: 24 January 2007 in Glasgow from 1100-1300 hours ; and a stakeholder dinner being held in Dundee on 7 February (invitations to follow). Tom Loosemore of Ofcom would be attending.

4.4 Vicki Nash advised that she will be accompanying Ed Richards and Ian Hargreaves who have been asked to give evidence to the Scottish Broadcasting Commission on 8 January. Alan Stewart has been preparing a written brief on the economic, cultural and democratic imperatives. Ed Richards has also been asked to appear before the Commission again later in the year.

4.5 ACS were also keen to engage with the Scottish Broadcasting Commission and agreed to discuss what form this engagement should take with Blair Jenkins at the session later that afternoon.

4.6 With regard to community radio licensees lobbying the Scottish Government for funds, it is hoped that this subject will be under discussion at the HICBF Federation Conference on 11 January

5. DDR

5.1 ACS was briefed on Ofcom’s key decisions and advised on the next steps in the project.

5.2 Thomas Prag’s point that Ofcom should brief other organisations who may wish to bid for spectrum was accepted and ACS were advised that Ofcom was aware of the need to allow enough time for public sector organisations to come forward to bid. Susan Neal raised the possibility of people sitting on unused spectrum and Ofcom’s clear commitment to avoid anti-competitive practices would be relevant to this concern. Thomas Prag expressed concern that the potential for local TV was still restricted to city areas. The fallback position was that the band manager would be able to award parts of interleaved spectrum not taken up by PMSE and there was a possibility that there would be spectrum available for other purposes eg in the Highlands. The question of whether the band manager would require to have a licence would be consulted upon in the Spring. ACS was also advised that there should be enough spectrum available for broadband and wireless use in rural areas.

6. Radio Review

6.1 ACS were given a brief outline of the proposed changes to the Future of Radio consultation. ACS acknowledged that many of the points made in its response had been taken into account by Ofcom underlining the value of submitting comments when the ACS had strong views. Thomas Prag queried why weekend schedules were not regarded as important for local information as weekday ones. It was noted that this distinction goes back to the days of the Radio Authority and it would be difficult to alter it. The ACS was advised there would be conditions surrounding the renewal of community radio licences. Some industry pressure to change the two year rule surrounding the change of formats could also be expected. Thomas Prag pledged to prepare a further submission (now submitted) covering the headline points from the ACS.

7. PSB Review

7.1 ACS was briefed on a set of initial hypotheses on the review and were advised that contributions had been received from all the major broadcasters.

7.2 With regard to nations and regions news, input from ACS would be welcomed particularly on the issue of new interventions which will need to be considered in order to sustain any commercial nations/regions output in the longer term. Thomas also expressed the Committee’s appreciation of being involved at an early stage.

7.3 Philip Schlesinger referred to the changing impact of TV as a medium – particularly due to the changes in consumption among young people. There is a question as to whether this is a profoundly marked change for a whole generation or would they do much the same as anyone else and consume in traditional ways as they got older? Ofcom’s view is that it was difficult to tell at the current time as these technologies were very new. Some evidence/research exists which suggests that the attitudes of various groups are quite different in terms of how content will be delivered to them. There was a need to think about how technology and delivery might evolve which will make it easier for people to engage with content. Philip Schlesinger also referred to the problems, in media literacy terms, of navigating through content. ACS was advised Ofcom was going to take account of ease of navigation.

7.3 Andrew Anderson asked about network portrayal of news from a Scottish perspective. ACS was advised Ofcom would consider this issue as part of PSBR2.

7.4 Thomas Prag referred to potential problems arising from other developments which could overtake the PSB Review e.g. local television and the auction of spectrum. ACS was advised these were not insurmountable problems and that there were other options for delivering local content such as broadband.

7.5 ACS discussed the possibility of funding via devolved institutions. This was considered to be a difficult and complicated area and there were different levels at which funding could be considered – some more problematic than others – and all requiring an “arms length” approach. Vicki Nash referred to the precedent of the Scottish Government funding the Gaelic Media Service. Changes to the funding and regulatory models were not synonymous.

7.6 ACS also discussed Out of London quotas which raised both economic aspects of the importance of broadcasting and regional portrayal issues.

7.7 It was agreed the ACS would not contribute anything else at this stage but would contribute to the consultation when it comes out. Julie Ramage and Philip Schlesinger would send round an email with some early thoughts with a view to preparing a response.

8. Digital UK

8.1 Digital UK updated ACS on the switchover in Copeland. Although the process had raised some issues, the most notable being that there appear to be a number of viewers who will only have access to 20 channels and all the comercial muxes, the project had been deemed a success. Most people were well prepared, and many who anticipated problems found the process of switching to be quite easy. Assistance had been given to those who were eligible for the help scheme, as well as a number of people who were not eligible and this is an issue which will require to be looked at prior to the switchover of the Border region as this could present resource problems.

8.2 The ACS was briefed on the status of the Selkirk switchover which was some twelve months away. Similar issues were arising as in Copeland. Digital UK were arranging meetings with local communities and various organisations to advise on equipment purchase. Three Digital UK workers were on the ground: one each in Dumfries and Galloway and Cumbria ; and one exclusively in Selkirk. A support group was also in place in Selkirk.

8.3 Next year DUK was planning to hold stakeholder and specialist fora in different areas. A public communication campaign in Whitehaven has been very successful with 97-100% awareness of switchover. Availability of DTT in Scotland is second only to central London . DUK are doing a “door drop” throughout Scotland to supplement the advertising campaign. There was increased interest from local authorities trying to find out what they have to do and DUK was preparing an information pack which should be available next year. A best practice guide for housing will also be available. It is planned to hold an event at the Scottish Parliament at the end of February or beginning of March and DUK suggested it would be helpful if Ofcom and members of ACS would attend.

8.4 DUK advised that the “freeview lite” service actually provided around 20 channels plus radio channels. There then followed a discussion about the Scottish Consumer Council report on the challenges presented by DSO.

8.5 The ACS highlighted the problems that could be faced by vulnerable people in the Borders who might not find the switchover process to be as easy as advised. DUK advised that there would be switchover plans for each region and the input from voluntary groups would be useful. DUK was relatively confident that voluntary outreach services would catch the majority of vulnerable groups. In addition, people were able to distinguish between the different platforms more than might be expected.

8.6 The ACS also expressed concern about the prospect of some Scottish broadcast services not being available to viewers and listeners in the Highlands and in Dumfries and Galloway . Caldbeck would however be providing Scottish services from three multiplexes.

9. ACS Evidence to the Scottish Broadcasting Commission

9.1 ACS was briefed on the reasons behind the origins of the SBC and the different phases of work. The timescale for the SBC’s work was tight however the SBC hoped its work would result in many outcomes – including a positive impact on the cultural sector as a whole. Views were particularly welcome for the cultural phase eg what programmes and services would be welcome in Scotland. An early priority was being given to TV but radio would be considered under the cultural phase. The SBC was compiling an economic survey using 2006 as a baseline. There would also be major field work covering viewers’ attitudes toward current provision. Some co-ordination with Ofcom was desirable eg in terms of viewer research to avoid duplication if possible. A key issue was what the right level of PSB provision was for Scotland and how to ensure competition in providing for it. Local TV had also been raised with the SBC. ACS agreed to submit a response to SBC but not till after its discussions at its February 2008 meeting.

10. OfcomContent Board

10.1. Vicki Nash advised that Joyce Taylor was continuing to work with the PSB review team and there is no doubt that Nations and Regions and rural considerations are much more centre stage than in the previous review. The Content Board had been discussing sanctions and the finding on Channel Four would be published shortly.

11. Ofcom Consumer Panel

11.1 The Consumer Panel report “Going digital: supporting consumers through digital switchover” had been circulated to members.

11.2 Ofcom is continuing to work to ensure that more information about maximum broadband speeds is available to consumers and that ISPs offer consumers the ability to move between providers easily.

11.3 The Consumer Panel were appointing a new Chair and this will be announced shortly.

12. Central Operations Contact Information

12.1 Alan Stewart updated ACS on central operations contact information. The main telecoms issue was a slight increase in complaints regarding delayed installation. Sky were found to be in breach of their licence regarding providing a recording of a Scottish Cup final programme. Real Radio were also found to be in serious breach of their licence in the area of product promotions. Ofcom Scotland was also handling complaints about Kelvin MacKenzie’s comments on an edition of Newsnight.

13. Board/Panel/Committees Strategy Day on 9 October 2007

13.1 ACS were advised that the outcomes of the above Strategy Day were now reflected into the Annual Plan which is now out for consultation.

14. Any Other Business

14.1 The Scottish Government are currently running a campaign to ask people to register if they are unable to get broadband. ACS asked if there was an escape clause for people who become aware of this in future. It was agreed that Ofcom Scotland would seek clarification on this issue at its next meeting with the Scottish Government Telecoms team.

15. Date of Next Meeting and Schedule for 2008

15.1 As discussed under item 3.3, it was agreed that the ACS meeting on 23 June 2008 would be held in the Scottish Borders area. The meeting would take place late morning with a reception and dinner being held in the evening.

15.2 The date of the next meeting was confirmed as 18 February 2008 in Sutherland House.