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Duties

1. The duties of the Committee shall be:
• To review and assess applications for capacity on DTT Multiplex B against criteria defined in the Notice of Invitation to Apply.
• To decide, in light of that review and assessment, and, in light of the terms and conditions in the Notice of Invitation to Apply, how capacity on Multiplex B shall be allocated and to prepare a report outlining the Committee’s reasoning, including where no capacity is allocated.
• To decide on proposed licence variations arising from the reorganisation undertaken pursuant to the order from the Secretary of State.
2. The Committee will undertake these duties on as many occasions as necessary to fulfil the requirements of the order from the Secretary of State.

Authority

3. All decisions of the Committee are final and not subject to internal review, reconsideration or appeal, [other than judicial review].

Membership

4. The Committee shall consist of up to eight members.
5. The Chair of the Committee will be a non-executive member of the Ofcom Board. There will be a Deputy Chair of the Committee, who will also be a member of the Ofcom Board or a Partner level executive. The membership of the Committee shall comprise one part time non-executive who shall be a member of the Content Board, an additional non-executive member, and two further executive colleagues. The Chairman and Chief Executive may join the Committee at their election.

Quorum

6. A quorum shall be three, with at least one member being either the Chair or Deputy Chair and one other member being a member of the Content Board (who is not the Chair or Deputy Chair). Members’ attendance through telephone or videolink is permissible for the purposes of determining a quorum. Where the Chair or Deputy Chair of the Committee considers it appropriate, decisions may be taken by email. The Chair of the Committee at a particular meeting shall have a casting vote in the event that the Committee is unable to reach a consensual decision.

Meetings – attendance and arrangements

7. For capacity allocation / licence variation decisions, the Committee shall be attended by relevant Ofcom colleagues and observers as appropriate.

Frequency of meetings

8. Meetings shall be held as and when required but to coincide with Content Board meetings wherever possible.

Reporting procedures

9. The Committee will report directly to the Ofcom Board. The Ofcom Board shall review the delegation on completion of the initial planned allocation process, in summer 2008. The results of any such review shall be taken account of in subsequent meetings of the Committee.

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Membership:

1. Philip Graf – Chair (non-executive Deputy Chair – Ofcom Board, Chair - Content Board, Deputy Chair – Radio Licensing Committee)
2. Philip Rutnam – Deputy Chair (executive - Ofcom Board, Partner - Spectrum Policy)
3. Greg Bensberg – Member (executive - Spectrum and DTT Policy)
4. Kate Stross – Member (executive - Content and Standards)
5. Sue Balsom - Member (Non-executive member of the Content Board)
6. Colette Bowe – Member (Non executive member of the Board)
7. Ofcom Chairman and Chief Executive, at their election

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