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01|03|07

Minutes of the eleventh meeting of the Ofcom Advisory Committee on Older and Disabled People Tuesday 31 October

Present

Lydia Thomas (Chairman)

Janet Askham

Simon Cramp

Gareth Davies

Caroline Ellis

Jonathan Kaye

Suneel Shivdasani

Ross Trotter

Mike Whitlam

In attendance

Paul Afshar , Ofcom

Louise Banyard, Ofcom

Alex Blowers, Ofcom

Peter Bourton, Ofcom

David Mortimer, Digital UK

Frank Phillips, Ofcom

Paul Rogers, Ofcom

Bob Twitchin, Consumer Panel

Support

Julie Ross priest, P.A. to Simon Cramp

Anna Stoddard, speech to text writer

1. Apologies for Absence

1.1 Apologies were received from Denis Carter, Fred Heddell and John Welsman. The Chairman informed the members that one of the Support Team would be leaving Ofcom and the members thanked him and wished him well for the future. Lydia Thomas and Mike Whitlam would be discussing with Graham Howell the future support arrangements for the Committee.

2. Minutes

2.1 The minutes of the meeting on 5 July 2006 were agreed and signed by the Chairman.

3. Matters arising

3.1 Committee Chairman. Mike Whitlam would be resuming his Chairmanship of the Committee from January 2007 with Lydia Thomas as Deputy Chairman.

3.2 ACOD visit to Wales. Lydia Thomas, Gareth Davies and Fred Heddell attended a meeting of the Ofcom Advisory Committee for Wales (ACW) in September. The ACW members were very interested in the role carried out by ACOD and had asked if they could be included in the circulation list for the ACOD monthly bulletin.

3.3 Meeting with Chairman of the Ofcom Advisory Committee for England (ACE). The Chairman had meet with her counterpart for ACE and would attend a meeting of the Committee in March 2007.

3.4 Content Board meeting. Janet Askham, Caroline Ellis and the Chairman had attended a meeting of the Content Board on 10 October. The presentation made by the ACOD representatives on the work of the Committee had been well received and it was agreed that a copy of the presentation should be circulated to the members.

3.5 Consumer Panel An internal meeting had taken place between representatives of the Support Teams for ACOD and the Consumer Panel to keep each other informed of work in progress. The Chairman reported that she and Mike Whitlam would be meeting with Colette Bowe , the Chairman of the Consumer Panel, to discuss points of interest arising from the Ofcom Strategy Day.

4. Ofcom Annual Plan Strategy

4.1 The members were briefed on the outcome of the Ofcom Annual Plan Strategy Day. The event had been attended by, amongst others, the Chairmen of each of the Ofcom Advisory Committees. One of the main areas of interest to ACOD was a new focus on developing mechanisms for delivering social outcomes.

4.2 The Strategy Day covered Ofcom’s proposals for 2007/08 and for the following three years and concentrated on:

the development of spectrum in a converged world
a new focus on social outcomes – in particular issues of access and inclusion arising from changes in the communications markets and the role to be played by Ofcom. There would be an increasing focus on Media Literacy to ensure that consumers had the skills to exercise control over communications media and, in particular, the internet. This would include a re-consideration of the definition of Media Literacy.
the consumer agenda – what compliance and protection measures needed to be in place to ensure that consumers were empowered.
promoting conditions for competition – what regulatory adjustments were needed to keep pace with market changes.
a continual focus on deregulation in all of Ofcom’s areas of activities.

4.3 Ofcom would be publishing its proposals on 12 December 2006.

4.4 The members welcomed the new focus on social outcomes and offered the following comments:

that social outcomes should drive Ofcom’s approach to the changes to the spectrum market.
that there would be a tension between social outcomes and the deregulatory focus as older and disabled people would be less likely to benefit as their needs may not be met by the mainstream market.
that the presentation given to ACOD was highly technical and difficult for the average person to understand (this point was accepted by Ofcom and an assurance was given that efforts would be made to simplify the wording used in the consultation document).
that a balance needed to be maintained between the right of consumers to exercise choice and encouraging the market to meet the needs of all consumer groups (Ofcom acknowledged that inclusion was an issue that needed to be addressed).
a suggestion was made that in the published consultation document Ofcom should set out in table form the issues and the priority assessed to each (Ofcom explained that the issues were not being assessed as having different weight).
that Ofcom should consider including Broadband within the USO requirements on the basis that as the market delivery mechanisms changed (such as digital transmission) so should USO.

5. Priorities for Older People

5.1 Janet Askham gave a presentation addressing the question whether older people in the United Kingdom are a disadvantaged group in the use of communications media. Sources used in the presentation included information from the Office of National Statistics and the English Longitudinal Study of Ageing. The presentation covered two key themes:

the diversity and continually changing nature of the older population.
that age and ageing are both biological and social experiences.

5.2 ‘Old age’ was found to be an arbitrary concept – much depended upon the circumstances of the individual. However a limiting long-standing illness or disability (LLSI) affecting hearing, vision, dexterity or cognitive function was seen to increase with age but varied by ethnic group and there was some evidence, as yet inconclusive, that LLSI decreased in old age. Social circumstances (such as low income or isolation) could also affect an older person’s access to communications media.

5.3 It was noted that the replacement of consumer durables declines with age; perhaps because of uncertainty about the future or due to a desire to bequest as much as possible. It was concluded that some groups of older people were disadvantaged by biological ageing as well as social circumstances; however some groups of older people have younger communications needs and preferences.

5.4 It was agreed that the findings revealed in the presentation should help inform ACOD’s decision making process. It was noted that there would be a periodic need to revisit the findings to ensure that ACOD was kept informed of any changes in the way older people accessed and used communications media.

6 European Commission Directives 2006/7

6.1 The members were given a review of current and upcoming relevant European legislation, including the Audio Visual Media Services Directive, the Universal Services Directive and the Electronic Communications Services Directive.

6.2 The Audio Visual Media Service (AVMS) Directive was intended to replace the Television without Frontiers Directive (TWFD) in order to cover new emerging services and new platforms for the provision of content. Ofcom and the Government were sceptical about the proposed approach and favoured self regulation to any other platforms than that of television. The EU approach would distinguish between ‘linear’ services such as television broadcasting and ‘non-linear’ content services. It was thought possible that a compromise would be reached on non-linear (but TV like) content services such as video on demand.

6.3 A further issue of consideration was the ‘country of origin rule’ – ie a broadcaster only had to comply with the rules of the country where it was located as opposed to the countries receiving the broadcast. A number of member states (but not the UK ) favoured a tighter regime and it was thought possible that, in future, Ofcom would need to work with other foreign regulators on enforcement issues.

6.4 The members were also advised that work was proceeding at the EU level on an appropriate definition of ‘offensive material’ to prohibit the broadcast of discriminatory material. Comments made by members included:

whether any action would be taken regarding copyright rules which would allow for the broadcast of short reports on networked events (such as the World Cup). Ofcom advised that broadcasters were resistant to any relaxation in the current rules.
what action would Ofcom be taking at the EU level to increase the accessibility of programming to older and disabled people ( Ofcom noted that whilst the difficulties were recognised, it was an issue with respect to the end to end delivery of services which involved two different regulatory regimes (one covering equipment manufacturers and one covering broadcasting) and, as such, was outside of the scope of the present proposal).
one member noted that a redefinition to cover end to end service delivery to ensure universal access could be a retrograde step as it would exacerbate the problem with multiple competing providers.

6.5 The members were appreciative of the briefing and asked for a progress report to be made at a future meeting.

7 Netgem i-Player

7.1 The members had been advised of a problem with respect to the provision of audio description (AD) services on digital television platforms. Ofcom was unable to compel manufacturers to include the necessary functionality in their equipment but through encouragement Ofcom had been able to ensure that cable companies provide such services. It was noted that Sky provided good access to AD on satellite but as there was no single television operator for digital terrestrial television (DTT) it was much more difficult for Ofcom to ensure provision of access services.

7.2 A member pointed out that there was a large number of equipment manufacturers for the Freeview market and no commonality of design (which are not the case for cable and satellite). A full discussion took place in which the following views were made:

that manufacturers needed to be made aware of the existence of the market for AD equipment and that ACOD had a role to play in raising this awareness (Ofcom advised the members that the Consumer Policy Team was pursuing this issue and interest had also been raised at the Ofcom Board level).
it was suggested that a successful tactic to adopt would be to argue that the need for AD equipment was potentially quite large as consumers would also wish to purchase equipment on the basis of their present and future needs.
that the assumption had to be countered that consumers would only purchase the cheapest Freeview boxes.

8. Digital Switchover

8.1 A representative from Digital UK briefed the members on the current progress towards switchover. The representative (who had been present during the discussion on AD services) noted that the problem with respect to AD services was typical of a much wider issue – that of encouraging manufacturers to provide a wider range of access services available through digital televisions and set top boxes (eg such as subtitling, user friendly remote control and the provision of a scart cable as a standard). Digital UK , like Ofcom , was encouraging manufacturers to increase the range of functionality and had met the same lack of comprehension that a market for access services existed.

8.2 Digital UK was considering how to use the digital tick logo to increase awareness of the range of services that could be available through DTT and invited suggestions from the members:

in addition to the tick, information should be listed on the range of services provided by the equipment, shaming manufacturers to upgrade the equipment they sell (eg such as a PVR with the capability of recording sub titling).
that equipment which provided the full range of services could be described as ‘digit all’.
it was noted that information about the capabilities of a manufacturer’s equipment would be readily available in consumer publications such as Which? and that one possible consequence of raising the bar for the award of the digital tick could be a reduction in choice for consumers.
that Ofcom should be doing more to promote an awareness amongst consumers of the availability of alternative services to Freeview, such as IPTV

8.3 It was agreed that the Committee would consider further what advice it could offer to Digital UK on what could be functionally possible and that the members would send in suggestions by email to the Chairman by 10 November.

8.4 The members were briefed on the monthly liaison arrangements between Digital UK and the Government and that an all party working group on switchover would be set up on 8 November. There was no news to report on when the next advertising campaign would start and it was confirmed that the current campaign would continue until Christmas. Checks would be made to see if access services would feature in the next promotion campaign.

9. ACOD research

9.1 The ACOD research sub group had met on 20 September and had recommended to the Committee that it consider jointly funding a qualitative research project with Digital UK. The project would involve contacting older and disabled people who had already responded to the Tracker Survey for more detailed questioning. Exploratory discussions had subsequently taken place with Digital UK and I2 Media (who would be engaged to do the work) on how to progress the qualitative research project involving eight focus groups of four to six people. It was intended that results would be available during spring 2007.

9.2 The members noted that the Committee had £50K assigned to it for the purposes of research. Following discussion members agreed that a contribution of at least £20K could be assigned to the qualitative research project. The remaining funds would allow scope for the Committee to pursue further research. It was agreed that Ofcom should be asked to jointly fund with Digital UK the publication of the research results.

9.3 The members agreed the proposal that a minimum of £20K should be assigned to the joint research project.

10. Television Access Services Update

10.1 The members were advised that proposals were awaited from public sector broadcasters (PSBs) on a promotion campaign for audio description (AD) services which would take place next spring. Ofcom would be working with the PSBs and interested disability groups (who would otherwise have insufficient resources to purchase advertising in their own right) on the campaign.

10.2 Work was in progress to find alternative ways of broadcasting for signed programmes. The current position was that broadcasters were resistant to any change in the current system (which was felt not to meet the needs of most deaf people); however Sky was considering a ‘signed zone’ for the Community Channel which would be funded by participating broadcasters. Ofcom was concerned that viewers without digital television would be disadvantaged and would seek legal advice. Other issues for Ofcom were how transparent and consistent the funding mechanism would be and that the service would also have to be available through Freeview. Sky was currently seeking feedback from groups representing disabled people. Ofcom recognised that the facility of a signed zone for the Community Channel would be an attractive option to other PSBs and it was of the view that its adoption would not excuse the broadcaster from its obligation for signed programming. The Committee advised that Ofcom should remind broadcasters that they would need to also take account of the Disability Discrimination Act in any decision they took with respect to the signing of programmes.

10.3 The members were advised that Ofcom was receiving scattered reports about problems with the broadcast of subtitled programmes and was discussing the situation with programme makers and broadcasters to identify the cause and to put in place remedial action. Ofcom would bring the situation to the attention of the members of its Subtitling Forum which would meet shortly to get a perspective from users.

10.4 There were a number of channels which, because of the small size of their audience, were exempt from the requirement to provide access services. Alternative methods to broadcasting of programmes – such as delivery of a content service by broadband – were also exempt. This position might change as a result of the implementation of the Audio Media Services Directive in 2010 or because of new communications legislation introduced by the Government.

10.5 The members were disappointed that there would be a phased launch for BT Vision. There was some concern that consumers might not realise that BT was offering two services – video on demand (via broadband) and a Freeview service.

10.6 It was agreed that a representative from Ofcom ’s Consumer Policy Team be invited to the next meeting.

11. Any other business

11.1 Meetings for 2007. It was agreed that the calendar of meetings for 2007 should be recirculated.

11.2 Disability Equality Scheme. The Chairman reported that she, Caroline Ellis and Suneel Shivdasani had meet with Ofcom ’s Disability Officer to discuss the draft scheme. One member advised that Ofcom should make the scheme available in EasyRead format and that the following outcomes should arise from the scheme:

how Ofcom measured its progress and what criteria for success would be used.
that there should be an impact assessment section and that Ofcom should clearly state what it considered to be within the scope of the scheme.
that ACOD’s role in assisting Ofcom in the development of the scheme should be clearly set out.

11.2 It was agreed that that the Chairman, Caroline Ellis and Suneel Shivdasani should work on a draft response to Ofcom.

11.3 Voice over internet protocol (VOIP). A briefing paper on VOIP services had been circulated to the members. VOIP had the potential to provide new and innovative services at lower prices with more competition. In February 2006 Ofcom had consulted on an approach to regulating VOIP (the proposal was for a mandatory industry code); however it had been concluded that, because of the nascent state of the market, it was premature to go beyond the regulatory requirements already in place.

11.4 The members were very disappointed at Ofcom ’s decision and thought that an opportunity had been missed to effect change at an early stage in the development of a market. The members remained concerned that the provision for access to 999 services remained inadequate as some services would be without access to emergency services. Concern was also expressed that deaf people might not be able to use 999 over VOIP if the operator did not have the facilities to receive a call from a deaf person.

11.5 Ofcom consultations. It was agreed that two working groups would be set up to respond to two forthcoming consultations – the first on next generation access networks and the second addressing the Digital Dividend Review:

next generation access networks – Jonathan Kaye , Ross Trotter (to lead), Gareth Davies and John Welsman
Digital Dividend Review - Suneel Shivdasani (to lead), Fred Heddell , Janet Askham and Caroline Ellis

11.6 New Expenses Policy. The members were advised that Ofcom was introducing a new expenses policy and that, in future, expenses had to be submitted within a period of 45 days.

11.7 Recruitment of members. The Chairman said that Ofcom would be advertising for new members for ACOD in December. Graham Howell would be writing to those members whose term of office was due to expire explaining the process should they wish to be considered for reappointment.

11.8 There being no other business the meeting ended at 16.45pm.