Note of the Ninety-Sixth Meeting of the Ofcom Board, held on 30 January 2007

Introduction

Members were welcomed to the ninety-sixth meeting of the Ofcom Board . Graham Howell (Secretary to the Corporation), Polly Weitzman (General Counsel) and Jenny Leyland (Assistant Secretary to the Corporation) attended throughout. Sir Alistair Graham (Chairman of ICSTIS), George Kidd (Director of ICSTIS), Peter Black (Telecommunications Adjudicator), Peter Teague (Chairman of the Ofcom Audit Committee), Tim Suter (Partner, Content and Standards), Rona Chester (Finance Director) and other Ofcom colleagues attended for parts of the meeting.

Minutes of the meeting held on 16 January 2007

1. Subject to an amendment, the minutes of the meeting held on 16 January 2007 were approved as an accurate record of the meeting. Matters arising were noted.

Chief Executive Officer’s Report

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

ICSTIS Draft Activity Plan and Budget 2007/8

3. The Chairman and Director of ICSTIS joined the Board meeting to present their draft budget for 2007/8. Following discussion the Board approved the budget. (Sara Nathan – who is a member of the ICSTIS Board - was not present for discussion of this item.)

Content and Standards Report

4. The Board noted an update on current content and standards issues

International Update

5. The Board was updated on the European Regulators’ Group’s (ERG) consideration of its response to Commissioner Reding’s letter of 30 November 2006 seeking the ERG’s views on the best way to ensure consistency of regulation of electronic communications in Europe’s internal market.

Office of the Telecommunications Adjudicator

6. The Board approved proposals relating to the future role of the Office of the Telecommunications Adjudicator.

Fifth Undertakings Implementation Report

7. The Board approved the publication of the fifth quarterly report on the implementation of BT’s Undertakings.

Audit Committee Report, July – December 2006

8. The Chairman of Ofcom’s Audit Committee joined the Board to discuss his report on the work of the Audit Committee during the period July to December 2006.

Future of Radio: Part One: Proposals for inclusion in a proposed consultation

9. In November 2006 Ofcom published a discussion document setting out the challenges faced by the radio industry and invited comments. The Board had seen responses to that consultation. In light of those responses Ofcom is developing a consultation on the future of radio which will be published in due course. The Board gave initial consideration to proposals to be included in that consultation.

BSkyB’s Acquisition of a Shareholding in ITV plc

10. On 18 November 2006 BSkyB acquired 17.9 per cent ordinary shares in ITV plc. The Board was updated on the progress of the consideration of potential competition issues that might arise as a result of the acquisition.

Spectrum Auction ( 1785-1805 MHz , Northern Ireland

11. Ofcom is preparing to hold an auction for the award of a block of spectrum at 1785-1805MHz in Northern Ireland . Ofcom has consulted on the four sets of Statutory Instruments which will need to be put in place to enable the award to go ahead. The Board delegated authority to sign the Statutory Instruments to the Chief Executive Officer or to another member of the Board if he was not available. The Board delegated authority to approve the various stages of the planned auction to Partner, Spectrum Policy Group, subject to relevant escalation of issues in the process to the Policy Executive or the Board as appropriate .

Information papers

12. The following information papers were noted:

Protecting Consumers from Mis-selling of Telecommunications Services
Amendments to the Memorandum of Understanding between Ofcom and the BBC Trust
Interim Report on Contract Rights Renewal
Taking Account of Consumer and Citizen Interests
Ofcom Arena Papers.

Minutes of other Boards/Committees

13. The Board noted matters discussed at the following meetings:

Content Board meeting held on 23 January 2007
Meeting of the Advisory Committee for Scotland held on 21 November 2006
Meeting of the Ofcom Consumer Panel held on 16 December 2006 .

Any other business

14. There was none.

Date of the next meeting

15. The next Board meeting will be held on 13 February 2007.