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19|07|04

Minutes of the 2nd meeting of the Ofcom Advisory Committee on Older and Disabled People, 19 July 2004

Present:

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

In attendance (*for parts of the meeting)

*Alex Blowers, Head of Policy Development, Ofcom
*Peter Bourton, Senior Policy Executive, Ofcom
Bradley Brady, Public & Political Relations Manager, Ofcom
Kevin Carey, Member of Ofcom Content Board
*David Harrison, Senior Advisor, New Media Technology Strategy Group, Ofcom
*Khalid Hayat, Manager, Strategy and Development, Ofcom
Peter Joy, Facilitator
*Roger Lowry, Head of Public & Political Relations
*Helen Normoyle, Director of Market Research, Ofcom
*Matt Peacock, Director of Communications, Ofcom
*Frank Phillips, Consumer Manager, Ofcom
*Alan Pridmore, Consumer Manager, Ofcom
Paul Rogers, Secretariat, Ofcom
*Tony Stoller, External Relations Director, Ofcom
Bob Twitchin, Member of Ofcom Consumer Panel
*Caroline Wallace, Competition Policy Director, Ofcom

Support

Donna Gerbrant, speech to text reporter
Julie Ross, P.A. to Simon Cramp

1. Welcome and introductions

1.1 Mike Whitlam welcomed members to the second meeting of the Committee. An apology had been received from Caroline Ellis.

1.2 There was a full agenda for the meeting. An evening event was planned which would be externally facilitated by Peter Joy, who was attending the meeting as an observer to assist him in this task.

2. Minutes/Matters arising

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

2.2 Some members had expressed an interest in understanding the Content Board's response to the recommendations made at the first meeting of the Committee. The Chairman had met with David Currie earlier that morning and had been assured that the members' recommendations had been well received by the Content Board and would be discussed the following day at the meeting of the Ofcom Board. Feedback to members had been delayed because of the governance procedure for Ofcom Committees which required that minutes of meetings were approved at the following meeting. Mike Whitlam would be exploring with David Currie options for speeding up the feedback process subject to members agreeing certain confidentiality arrangements later in the day.

2.3 A member wanted to know why the implementation of the Code on Television Access Services had been delayed until the end of 2004. It was agreed that he would raise this point with Peter Bourton later on in the meeting.

2.4 Mike Whitlam said that he would be seeking volunteers to serve on small working groups to look in depth on particular subjects between Committee meetings. The members agreed they were happy with such an arrangement.

3. Strategic Telecoms Review

3.1 Alex Blowers explained that the Strategic Telecoms Review was one of three major strategic projects being undertaken by Ofcom. Ofcom's reasons for carrying out the review were to take a fresh approach to the way in which the communications sector was regulated; to determine where the sector was headed and to give stakeholders a clear understanding of the regulatory objectives. The review would be carried out in parallel with a review of the Universal Service Obligation (USO).

3.2 Five fundamental questions had been raised in the first phase of the review: what were the key attributes of a well functioning market; where could sustainable competition be achieved; what scope was there for reduction in regulation; how to encourage investment in next generation networks and whether BT's organizational structure was hampering market development. The responses received on the first phase of the review had largely focused on the last question.

3.3 In outline, the findings from the first phase indicated that the telecommunications market was reasonably effective but that there were areas where competition was not as advanced as it should be. New markets were emerging as a result of changes in the use of technology - such as voice over broadband - which would necessitate a change in the traditional approach to the way in which the telecommunications sector was regulated.

3.4 The members raised a number of issues with Alex Blowers. They were concerned about the charge for a return call using 1471; that people on low incomes or with learning disabilities would be unable to access the new services; how Ofcom proposed to assess the interests of 'citizen-consumers' and how Ofcom would promote inclusive design. Alex Blowers took note of the issues raised by members for further consideration.

4. Electronic Programme Guides

4.1 Peter Bourton introduced the discussion on Electronic Programme Guides (EPGs). He confirmed to members that the Content Board had endorsed the recommendations made at the previous meeting and that it would be considered by the Ofcom Board tomorrow.

4.2 In answer to a question about the implementation of the Code for EPGs raised at the outset of the meeting Peter Bourton explained that, in setting the implementation date of 29 December 2004, Ofcom took into account that a number of broadcasters would need time to put the changes into effect. Ofcom planned to publish the Code by the end of July and, following publication, meetings would be held with groups representing disabled people.

4.3 Members welcomed the opportunity to comment on Peter Bourton's paper and were pleased that Ofcom, and not providers, would make the decision on how programmes with access services are identified on EPGs. During the course of a detailed discussion, the members made the following points:

how would Ofcom measure improved access?
there was no point in Ofcom pursuing a theoretical right of access without first overcoming the lack of technology sharing amongst manufacturers;
what access issues were raised by the move to digital switchover?
it was felt that Ofcom needed to generate a wider awareness of EPGs amongst disabled and older people before publishing the Code;
members questioned the accuracy of information on the Sky Disability Website.

4.4 In bringing the discussion to a close, Mike Whitlam said that the draft Code would be presented to the Ofcom Board on 20 July and he would write to the Ofcom Chairman to outline the main concerns raised by the Committee. More importantly he thought that the Committee would want to continue to be involved in the implementation of the Code.

5. PSB Review

5.1 Khalid Hayat gave an update on the Public Service Review. Phase 2 of the Review, which would be published in September 2004 would consider the following areas:

whether the PSB system was sustainable;
how much PSB should be funded;
whether there was plurality and competition in PSB;
where the funding for PSB would come from;
the distribution system for funding PSB.

5.2 Khalid Hayat stressed that 'doing nothing' was not an option as it was clear that PSB could not continue in its current form. A substantive discussion on Phase 2 would feature on the agenda for the Committee's October meeting.

5.3 Mike Whitlam welcomed the opportunity to comment on the Review and hoped that some members would be willing to work on the Review. In the detailed discussion that followed members raised a number of issues with Khalid Hayat, for example:

how would Ofcom ensure that the Code was complied with?
there were a number of scheduling issues - principally that peak time viewing was crammed with soap operas;
how radical was Ofcom prepared to be on the funding of PSB?
the importance of disabled or older people playing an active role in the decision making process was stressed;
whether Ofcom could actively promote the inclusion of older or disabled people in advertising and other programmes.

A small group of members would work more on these and other issues in preparation for the next meeting in October.

6. Universal Service Review

6.1 Alan Pridmore and Frank Phillips led the discussion on Ofcom's Universal Service Review.

6.2 Alan Pridmore advised members about BT's requirement to offer special tariff schemes for low income customers under USO. BT currently met this requirement primarily by providing the Low User Scheme - any consumer whose calls cost less than £15.00 per quarter could qualify. Of current scheme members, 60% were over 65 but at least a quarter were not from low-income groups. Ofcom has asked BT to develop proposals for a more effectively targeted scheme and were currently awaiting BT's response which would include eligibility criteria and the arrangements for transferring existing customers to the new scheme.

6.3 Members were concerned about the eligibility criteria which might be adopted and asked that a method be used which would avoid the stigma of 'means testing'.

6.4 Frank Phillips outlined the findings of three separate research exercises: a quantative and a qualitative investigation into users' attitudes to text communications; and a mystery shopping exercise on the awareness of providers of the availability of particular services for customers with disabilities.

6.5 For the research exercise on text communications 381 completed questionnaires were received. The main conclusions were the scope for greater awareness from users and non-users alike about text communication and that cost was a factor for many people. Profoundly deaf people valued email and SMS but thought that the relay service suffered from technical and operator shortcomings and a lack of awareness amongst the hearing community and that the service was too impersonal.

6.6 In the mystery shopping exercise BT and Telewest demonstrated the highest awareness of services for disabled people. It was intended to advise the companies of the findings and repeat the exercise with a larger sample.

6.7 The members accepted the findings with caution; particularly as it was unclear as to how younger and older users were distinguished. It was thought, in view of the estimated 4 million UK hearing aid users, that the samples should have been much larger and more information about costs and the availability of special equipment to hearing impaired users should have been obtained. There was also concern with the overlap between the telecoms strategic review and USO and whether USO as it was currently structured was the right way forward.

6.8 Mike Whitlam in summing up said that this item would be one for much more detailed consideration by the committee and a small group would prepare for that discussion, in line with the consultation timetable.

7. Ofcom Research Plan 2004/05

7.1 Helen Normoyle outlined the research projects that might be of interest to the Committee and briefed members on the methodology to be used. Ofcom was carrying out a substantial research project for the Consumer Panel which would have a significant sampling from disabled and older customers. She would establish, if the Consumer Panel was willing, for the findings of the research (anticipated to be ready before Christmas) to be shared with the Committee.

8. Technology Research 2004/05

8.1 David Harrison briefed members on research to improve the enjoyment of television viewing for people with hearing loss. Ofcom has a duty under the Communications Act to promote access and the current research followed on from work carried out by the former ITC. The work on clean audio was welcomed by the committee and members asked if David Harrison could keep them informed of other research activities at future meetings.

8.2 The Chairman thanked the two presenters for their input and stressed the need for the committee to be in close and regular touch on research matters.

9. Numbering Strategy

9.1 Caroline Wallace and Matt Peacock briefed members on Ofcom's approach to numbering strategy and the objectives to be achieved. In outline Ofcom strategic objectives were to achieve an effective Numbering Plan to meet and exceed current and future demand for numbers, to avoid change for change's sake, and to generate a widespread understanding of how UK telephone numbering works.

9.2 Ofcom would be seeking approval from the Ofcom Policy Executive and the Ofcom Board for a public document setting out the regulator's approach to numbering. Ofcom would also be establishing a Numbering Forum which would include representatives from communications providers, the business community and consumer groups and, it was hoped, a member from the Consumer Panel. It was intended that the Committee would be invited to comment on specific issues as and when they came up.

9.3 This was a full and interesting discussion. The Chairman again asked that the committee be kept informed.

10. Information Papers

10.1 Three information papers had been circulated in advance of the meeting on: Hardwired Phones; Voice over IP and Ofcom Website Accessibility.

10.2 On the Hardwired Phones paper, it was agreed that Bradley Brady would seek a response from the project team on why a programme to replace the around 150,000 hardwired phones could not be brought forward and he would then circulate the response to members. It was agreed that the Committee would maintain a watching brief on Voice over IP. The Ofcom Website was being revised soon and it was agreed that the Committee would wish to comment once the work had been carried out.

11. Any Other Business

11.1 It was agreed that working parties would be set up to respond to the following subjects:

Telecoms Review - Gareth Davies, Fred Heddell and Janet Askham
PSB Review - Lydia Thomas, Jonathan Kaye, Sally Greengross and Denis Carter
USO Review - Ross Trotter, Simon Cramp and Caroline Ellis

11.2 It was agreed that the Committee would next meet on Wednesday 13 October.