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28|10|05

Minutes of the Sixth Meeting of the Ofcom Advisory Committee on Older and Disabled People, 13 July 2005

Held at Ofcom, Riverside House, 2a Southwark Bridge Road, London, SE1 9HA

Present

Mike Whitlam (Chairman)
Lydia Thomas (Vice Chair)
Janet Askham
Denis Carter
Simon Cramp
Gareth Davies
Caroline Ellis
Sally Greengross
Fred Heddell
Jonathan Kaye
Ross Trotter

In attendance

Leila Agyeman, Research Analyst, Strategy and Market Development, Ofcom (minute 10)
Robin Blake, Media Literacy Manager, Content and Standards, Ofcom (minute 7)
Peter Bourton, Senior Policy Executive, Ofcom (minute 5)
Bradley Brady, Public & Political Relations Manager, Ofcom
Kevin Carey, Content Board (minutes 10 to 13)
Khalid Hayat, Business Strategy Development Manager, Ofcom (minute 12)
Helen Normoyle, Director of Market Research, Strategy and Market Development, Ofcom (minute 10)
Stephanie Peat, Programme Executive, Content and Standards, Ofcom (minute 11)
Steve Perkins, Head of Public Service Broadcasting Content and Standards Ofcom (minute 11)
Frank Phillips, Manager, Competition and Markets, Ofcom (minute 4)
Alan Pridmore, Manager, Competition and Markets, Ofcom (minute 4)
Paul Rogers, Secretariat, Ofcom
Bob Twitchin, Consumer Panel

Support

Rose Kay, speech to text reporter

1. Apologies for Absence

1.1 There were no apologies for absence.

2. Minutes .

2.1 The minutes of the previous meeting were agreed and signed by the Chairman.

3. Matters arising

3.1 Committee recruitment. It was planned to advertise in September for two new members for ACOD, with the aim to make the membership more ethnically diverse; if successful, the new members would take up their appointments from January 2006.

3.2 ACOD representative to attend Consumer Panel/SwitchCo meeting. Bradley Brady represented ACOD at the Consumer Panel/SwitchCo meeting on 28 April which considered the issues older people faced with digital switchover. Representatives from the voluntary sector also attended.

3.3 Broadcasters’ Equal Opportunities Toolkit launch. Lydia Thomas had attended and spoke at the launch of the Toolkit on 12 July. She reported that the event had been very well received. It was agreed that Lydia’s speech be circulated to the Committee and placed on the website.

AP1 Bradley Brady to put speech on the website

3.4 Mike Whitlam’s meeting with Colette Bowe. The Chairman reported that he had met with Colette Bowe, the Chairman of the Consumer Panel to discuss matters of mutual interest. These meetings will become a regular event. There are often issues which both committees are dealing with and so they agreed it makes sense to keep each other well informed.

3.5 Radio Review. Members had submitted their views on the Radio Review to Peter Davies.

3.6 Draft Race Equality Scheme and Ofcom Diversity Statement . Bradley Brady reported that Ofcom had published its final Race Equality Scheme, and the Diversity Statement..

3.7 Outcome of PSB Review. The Chairman had written to Lord Currie about the outcome of the PSB review for older and disabled people and had aired the committee’s concerns with the Ofcom Board. He was pleased to report that Ofcom had noted the points raised in the letter and that he had received an assurance that the points raised by ACOD would be incorporated in the work arising from the PSB Review.

3.8 BBC Charter Review. Bradley Brady advised that it was outside of ACOD’s remit to respond directly to the BBC Charter Review, but the Committee could offer its views to the Ofcom Board. The committee agreed that they would wish to do this.

3.9 Attendance at National & Regional Advisory Committees(NRACs). Meeting dates for the four NRACs for 2006 would be circulated to the members. Members would notify Bradley Brady of the meetings they wished to attend.

AP2 Bradley Brady to circulate dates of NAC meetings for 2006

AP3 Members to advise Bradley Brady of their preference

3.10 Content Board. Richard Hooper was stepping down as the Chairman of the Content Board and when a new Chair was appointed arrangements would be put in place for interested members of ACOD to attend a meeting.

AP4 Bradley Brady to arrange a date for the Chair to meet with Richard Hooper

4. Universal Service Obligation

4.1 Alan Pridmore and Frank Phillips, Managers from the Consumer Policy team, Competition and Markets attended the meeting to brief the members on the statement of Ofcom’s Review of the Universal Service Obligation published on 30 June. The Statement set out a series of measures in five main areas to improve the targeting of and help for vulnerable customers:

special schemes for customers on low incomes and fair disconnections;
services for disabled customers;
flexibility for BT to waive the £3400 rules and charge the standard connection fee for disabled and vulnerable customers;
reasonable geographic coverage of public call boxes;
setting out the tests which have to be met before a USO fund can be introduced.

4.2 The review sought to ensure that special schemes were effectively targeted. BT proposals for a new scheme aimed at low-income customers had been improved since the consultation to include a new Early Payment Discount (without the need to pay by direct debit) and an increased Inclusive Call Allowance. The scheme would now be available for customers in receipt of Income Support or Pension Credit and Housing Benefit. Accessibility to Public Call Boxes (PCBs) would be improved by raising the wheelchair accessibility and amplification requirements to 80% of boxes. The rules around proposals by BT to remove the last PCB from a site would remain based on the local veto but BT would be given greater freedom to use cashless boxes. The definition of site would be changed from 100 to 400 metres walking distance. For disabled customers special format bills and contracts would be made more widely available.

4.3 A full discussion followed the presentation in which the following points were raised:

that the cost of making calls to and from hospitals through Patientline should be investigated (Frank Phillips confirmed that Ofcom was looking into the matter);
that because broadband lies outside the scope of universal service, if a video relay service were to be provided we could regulate the per-call cost of using such a service but not the cost of the broadband connection over which it might be provided;;
whether or not BT had carried out a study on the impact that its special schemes would have on disabled people (Alan Pridmore advised that BT had not carried out any study);
the strong attachment by local authorities and the public to the antiquated design of PCBs which made it difficult for BT to replace them with a design that would be more accessible to disabled people;
that not all customers (eg children) would be able to make use of cashless PCBs (Alan Pridmore advised that freephone, reverse charge and card facilities would be available).

4.4 Ofcom would be setting up a Stakeholder Panel to look at quality of service issues and performance targets for the text relay service. It was agreed that a representative from ACOD would sit on the Panel.

4.5 Frank Phillips agreed to share the details of the ‘Invitation to Tender’ document for the video relay feasibility study. He would also seek ACOD’s advice on the PCB accessibility event and would welcome advice from ACOD on highlighting the areas of difficulty for disabled customers. It was agreed that the USO subgroup would meet before the deadline of 28 September and consider this issue.

AP5. Frank Phillips to share ITT details with the Panel

AP6 Paul Rogers to set up meeting of USO subgroup (Ross Trotter, Janet Askham, Caroline Ellis and Simon Cramp)

Chair of ACOD to identify someone to sit on the Stakeholder Panel

5. Accessible Television

5.1 Peter Bourton, Senior Policy Executive, Content and Standards, attended the meeting to update the members on television access services and electronic programme guides (EPGs).

5.2 Television access services. A recently completed mid year review found that 76 channels should be required to meet access service obligations in 2006. A summary of the first quarterly report from broadcasters on the volume of subtitling, signing and audio description provided during January to March will be placed on the Ofcom website. This showed that some channels had made an uncertain start in the provision of access services due to technical or other problems, but all were aware of the need to fulfill their quota by the end of the year. Members expressed concern at the extent to which subtitled programmes were being repeated in order to meet quotas. Peter Bourton explained that Ofcom had sought legal advice before the Code was published on whether it could restrict repeats, and was told that the legislation did not permit this. However, Ofcom encouraged broadcasters not to repeat programmes with access services more frequently than other programmes.

5.3 Concerns had been raised by a number of parties, including TAG and the Consumer Expert Group on Digital Television, which suggested that there might be a systematic problem with subtitling. An Ofcom investigation had identified a variety of reasons for the problems encountered by viewers, some of which were to do with inadequate set top boxes. SwitchCo had been asked to consider sponsoring independent consumer advice by Ricability on the purchase of appropriate set top boxes. The members expressed their concern that consumers should get adequate advice on the purchase of appropriate equipment and one member thought that there should be a reduction in price for disabled viewers. The Chairman said that, if it would be helpful, he could write to David Currie to ask that Ofcom encourage SwitchCo to fund an independent evaluation of set top boxes.

AP7 Chairman to write to David Currie

5.4 Electronic Programme Guides (EPGs). Peter Bourton explained that Ofcom had seen a prototype set top box which has a speaking EPG had been developed by Milan Vasliko of the University of Bournemouth. While this was encouraging, the problem would lie in persuading a manufacturer to take the idea forward. Peter Bourton noted that manufacturers faced competitive constraints to keep prices as low as possible, which meant that set top boxes with additional facilities were likely to be aimed at niche markets, rather than mass markets. Members asked if a demonstration could be laid on, and he agreed to arrange this as soon as possible, probably towards the end of the year.

AP8 Demonstration of speaking EPG to be arranged

6. European Telecommunications Regulation

6.1 It was agreed to defer discussion of this item to the October meeting.

7. Media Literacy

7.1 Robin Blake, Media Literacy Manager, Content and Standards, attended the meeting to brief the members on the key elements of Ofcom’s work in the field of Media Literacy.

7.2 Ofcom published a statement in November 2004 setting out its approach to the promotion of media literacy; identifying three key areas of focus:

A research programme to identify and understand the constituent parts of media literacy, the extent to which people are media literate and the barriers to literacy;
To stimulate new work and promote and direct people to advice and guidance concerning new technologies;
The development of a common labelling framework for information about challenging content.

7.3 Ofcom would be conducting an audit of media literacy across the UK, covering 2000 adults and 1200 children and will include socially disadvantaged and ethnic groups. The members noted that the survey did not include people with learning disabilities. Mr Blake said that the Content Board had advised on the areas to be covered by the audit and that further surveys may cover other groups. The members accepted Mr Blake’s offer to report the findings of the audit at the next meeting.

AP9 DSO subgroup to take up issue

8. Digital Switchover (DSO) Subgroup

8.1 The DSO subgroup met on 29 June. The meeting was chaired by Janet Askham in Mike Whitlam’s absence. A report of the meeting was circulated at the meeting.

8.2 A discussion took place on the remit of the subgroup. Bradley Brady advised that it was appropriate for members to gather information to help them carry out their role as an advisory body to Ofcom. It was agreed that Bob Twitchin should be invited to attend meetings of the subgroup in his capacity as a member of the Consumer Panel. The next meeting would take place in early September.

AP10 Paul Rogers to arrange meeting of DSO subgroup

9. New Voice Services ( NVS) Consumer Issues Report Back

9.1 Ross Trotter and Jonathan Kaye reported on the recent meeting of the NVS Industry Group. The NVS group was very keen to be informed of the needs of older and disabled people and welcomed input from ACOD. Mr Trotter reported that the NVS Working Group would issue draft guidelines specific for service providers covering consumer issues in September. ACOD will review these.

AP11 ACOD to review. Paul Rogers to circulate when they are available

10. Ofcom Research

10.1 Helen Normoyle, Director of Market Research and Leila Agyeman, Research Analyst, Strategy and Market Developments attended the meeting to brief the members on the current research projects relating to disabled people:

Access Services – to inform Ofcom’s review of the draft Code on Television Access Services;
Content Analysis – to provide a snapshot of broadcast television and examining the frequency and nature of minority group representation;
Ofcom Residential Tracker – a comprehensive monthly survey tracking ownership of technology, usage and attitudes across television, Internet, telecommunications and radio;
Media Literacy Audit – an audit of UK media literacy skills, knowledge and understanding of both children and adults across media platforms.

10.2 A discussion took place on each of the four research projects covering the methodologies to be used. The committee agreed the outline timetable and actions presented by Helen Normoyle and agreed that a meeting would be set up in September to meet with Ms Normoyle and Ms Agyeman and consider areas of possible future research.

AP12 Paul Rogers to set up meeting

11. Content and Standards Group

11.1 Steve Perkins, Head of Public Service Broadcasting Content and Standards, and Stephanie Peat, Programme Executive, attended the meeting to give a briefing on the work relating to older or disabled people carried out by Ofcom’s Content and Standards Group.

11.2 The Content and Standards Group ( CSG) was responsible for ensuring compliance with Ofcom’s codes and regulating specialist areas such as privacy and impartiality; monitoring broadcasters’ production quotas and their public service broadcasting obligations; ensuring customers are protected and information and for the promotion of media literacy. Assistance from ACOD in helping CSG resolve complaints relating to older or disabled people would be welcomed.

11.3 The media coverage of the London bombings on 7 July was discussed; members expressed their concern at the extent of the media coverage in some channels. Mr Perkins explained that this was a matter of editorial judgment and outside of Ofcom’s control. An issue was raised on whether it was wise for people to be encouraged to use mobile phones to take video pictures at such incidents, as it might interfere in the work of emergency services. Mr Perkins agreed to report back on this point to ACOD.

AP13 Steve Perkins to report back to ACOD

11.4 One member suggested that a channel specific to the needs of older and disabled people be established after switchover, but this was thought to have minority appeal. The lack of specialist programmes for disabled people was commented upon. It was noted that Ofcom had limited powers to set quotas for specific programmes and could only exercise its powers where a broadcaster reduced the number of such programmes below its current provision. Kevin Carey thought that the answer to the problem was to encourage the work of good producers rather than have ideological television because of a legal requirement.

12 BBC Charter Review

12.1 Khalid Hayat, Strategy Manager, Strategy and Market Development attended the meeting to brief the members on Ofcom’s response to the Green Paper on the BBC Charter Review.

12.2 Ofcom agreed with much of the analysis and proposals set out in the Green Paper but thought that the Paper did not fully address public service broadcasting issues beyond the BBC. In particular Ofcom wanted:

a review of the funding process to take place by 2010 and not at the end of the switchover process;
that BBC’s fair trading commitment to be subject to independent regulation to ensure effective competition in a dynamic and changing market.

12.3 One member thought that Ofcom should regulate the BBC and that the current basis of its funding was not sustainable for the long term future. The members also wanted Ofcom to press the BBC on its quota for employment of disabled people and, where it is appropriate, for 100% audio description by 2008 . It was agreed that the Chairman would write to David Currie over these two issues.

AP14 Bradley Brady to draft letter for Chairman

13. Any other business

13.1 Members agreed that ACOD should press the case with Ofcom for DSO to be completed by 30 June 2012 – to coincide with the Olympic games. There being no other business the meeting ended at 4.00pm.

AP15 Bradley Brady to draft letter for Chairman