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01|12|06

Note of the Ninety-Third Meeting of the Ofcom Board, held in Leeds on 28 November 2006

Introduction

Members were welcomed to the ninety-third meeting of the Ofcom Board. Graham Howell (Secretary to the Corporation); Peter Ingram (Chief Technology Officer); Dominic Morris (Director of CEO’s Office); Polly Weitzman (General Counsel) and Jenny Leyland (Assistant Secretary to the Corporation) attended throughout. Philip Rutnam (Partner, Spectrum Policy Group) and other Ofcom colleagues attended for parts of the meeting.

Minutes of the meetings held on 13 and 14 November 2006

1. The minutes of the meetings held on 13 and 14 November 2006 were approved as an accurate record of those meetings. There were no matters arising which were not covered elsewhere on the agenda.

Chief Executive Officer’s Report

2. The Chief Executive Officer updated the Board on policy and operational developments since the last meeting.

Project Unify (IS Programme) Update

3. The Board was updated on the progress of release 1 of the Project Unify programme.

Digital Dividend Review

4. The Board discussed and commented on a first draft of the Digital Dividend Review consultation. A further draft will be considered at the next meeting with a view to publication in due course.

Digital Switchover

5. The Board considered a report on coverage and reception issues.

6. Following a consultation, the Board approved the DSO-related conditions to be inserted in digital terrestrial television licences. The Board delegated authority to the Chief Executive Officer or Partner, Strategy & Market Developments to approve the final statement for publication.

7. The Board noted that Ofcom will shortly issue a consultation on a proposal to license digital community low power relay transmitters.

Spectrum Liberalisation: update

8. The Board was updated on issues relating to spectrum liberalisation and proposed next steps.

Television Market Update

9. The Board noted a briefing on recent developments in the television market.

BSkyB’s Acquisition of a Minority Shareholding in ITV plc

10. On 18 November 2006 BSkyB acquired a 17.9 per cent in ITV plc. The Board noted that the acquisition did not breach the media ownership rules in section 350 and Schedule 14 of the Communications Act 2003. The Board also noted that there are a number of processes under the Enterprise Act 2002 and the Communications Act 2003 (the ‘Act’) which might be relevant to the acquisition. As required by section 351 of the Act, Ofcom has begun consideration of whether there has been a change of control of ITV.

Contract Rights Renewal ( CRR ) Remedy: Update

11. The Board was updated on the CRR Remedy.

Competition investigation

12. The Board was updated on a competition investigation.

Legal briefing

13. The Board was briefed on a legal issue.

International Market Review 2006: Summary Report

14. The Board noted that a report on the International Communications Market 2006 would be published on 29 November 2006. The Board noted the intention that this would become an annual publication.

Review of a Satellite Filing

15. The Board was briefed on next steps in relation to a particular satellite filing.

ITV Network Arrangements Review 2006

16. The Board noted that a consultation on the ITV Networking Arrangements Review 2006 would be published on 28 November 2006.

Proposed Consultation on the Auction of Spectrum at 2.6GHz (and related bands)

17. The Board noted that a consultation will be issued in due course on the award of the 2.6GHz, 2010 MHz and 2290MHz band, following the decision taken at the 3 October 2006 Board to proceed with publication.

Minutes of other Boards/Committees

18. The Board noted the minutes of the following meetings:

Meeting of the Ofcom Consumer Panel, 17 October 2006
Meeting of the Ofcom Spectrum Advisory Board, 19 October 2006.

Any other business

19. The Board noted that the Competition Directorate of the European Commission has approved the Digital Region ( South Yorkshire ) public broadband scheme.

Date of the next meeting

20. The next Board meeting will be held on 12 December 2006.