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Purpose of the purdah rules

A1.1 Members of the Committee should do their utmost to ensure that their behaviour is not likely to give rise to allegations that a decision taken by Ofcom is not impartial. These rules are designed to protect Ofcom and specifically the members of the Committee from accusations of partiality and unfair practice and also to protect them from lobbying and other forms of pressure.

A1.2 The purdah rules represent Ofcom best practice in this area. However, colleagues and Members should be aware that it is their responsibility to ensure that their behaviour does not create an appearance of partiality or unfair practice by Ofcom. It is possible that matters not expressly covered by these rules could be relevant to the perceived fairness of a decision and colleagues and Members should be aware of this risk. If in any doubt, colleagues and Members should contact Ofcom’s Secretary, Graham Howell, or, in his absence, General Counsel, Polly Weitzman.

Reservation of capacity on Multiplex B

A1.3 Ofcom has adopted these rules covering contact with applicants for capacity proposed to be reserved on Multiplex B under this Notice to help guard against the risk of any appearance of partiality.

Who do the purdah rules apply to?

A1.4 For the purpose set out in paragraph A3.3 above, the purdah rules apply to members who are permanent or additional members of the body empowered to make decisions in relation to any reservation of capacity (i.e. the Committee, as defined in Section 1 of this Notice).

Who will be on the ‘purdah list’?

A1.5 The Secretary will compile and circulate a list of the names of the companies and individuals connected with the applicants (the ‘purdah list’). The decision as to who should be included on the purdah list will be a matter for the Secretary’s discretion in consultation with the Partner of Spectrum Policy Group.

A1.6 The Secretary will circulate the ‘purdah list’ to members of the Committee who should ensure that their contact with these companies and individuals during the purdah period is in accordance with the rules set out below.

During what period do the purdah rules apply?

A1.7 The period during which the purdah rules apply (the ‘purdah period’) starts on the closing date for receipt of applications as specified in Section 3 of this Notice. If Ofcom would receive an application before the closing date, then the purdah rules will apply in respect of that applicant from the date on which Ofcom receives the application. The purdah rules cease to apply from the date on which the Committee makes its decision whether or not to make a determination to reserve some or all of the proposed capacity under this Notice.

What type of contact should be avoided during the purdah period?

Contact for business purposes

A1.8 Members of the Committee may meet companies and individuals on the purdah list during the purdah period in order to discuss business matters not connected with matters for the Committee’s assessment and decision under this Notice. Any such meetings should generally take place at Ofcom premises. The member should complete a form (as per template set out below) recording the date, time and location of the meeting, the attendees, a brief summary of the subject of the meeting, and confirmation that there was no discussion of the matters mentioned above. This form should be passed to the Secretary who will maintain a ‘purdah log’ for this purpose and will monitor the frequency of contacts with individual applicants. It is important that all relevant contacts are recorded as the ‘purdah log’ will be made available to the public on request (although certain information, for example about the subject matter of meetings, may have to remain confidential in some circumstances).

A1.9 Members should not generally visit business premises belonging to a company or individual on the purdah list during the purdah period. If there appears to be an urgent business need to do so, a member should discuss the matter with the Secretary or, in his absence, General Counsel before coming to a decision.

Social contact

A1.10 Members may have social contact with persons on the purdah list in the context of attending a public event such as an industry festival. However, members should not generally give or receive hospitality from any company or individual named on the purdah list. But it is recognised that there could be circumstances where it is appropriate to make an exception to this rule, for example in the case of attendance at a reception hosted by an applicant company following a public event (see below).

A1.11 In relation to third-party hospitality (i.e. hospitality offered by an individual or company not on the purdah list), members should exercise their judgement on a case-by-case basis as to whether it is prudent to accept the invitation. The smaller the gathering and the greater the proportion of likely attendees who are on the purdah list, the more cautious a member should be about accepting the invitation. Accordingly, members should check the nature of the event and the likely attendees and make a decision about whether to accept the invitation in light of that information, if necessary seeking the advice of the Secretary or, in his absence, General Counsel.

A1.12 As is the case for business contact, members should complete a form recording details of any instances of social contact with a company or an individual on the purdah list during the purdah period and the completed form should be passed to the Secretary for the purposes of the purdah log.

Exceptional cases

A1.13 If a member thinks that it would be appropriate to have contact (business or social) with a company or individual on the purdah list in circumstances where the type of contact involved should generally be avoided under the above rules, then he or she should discuss the matter with the Secretary or, in his absence, General Counsel before coming to a decision. It is the responsibility of each member to ensure that his or her behaviour does not create an appearance of partiality or unfair practice by Ofcom.

• Template form for ‘purdah log’ [pdf]

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