Note of the Ninety-Ninth Meeting of the Ofcom Board, held on 13 March 2007

Introduction

Members were welcomed to the ninety-ninth meeting of the Ofcom Board. Graham Howell (Secretary to the Corporation), Dominic Morris (Director of CEO’s Office), Polly Weitzman (General Counsel) and Jenny Leyland (Assistant Secretary to the Corporation) attended throughout. Peter Ingram (Chief Technology Officer), Peter Phillips (Partner, Strategy and Markets), Peter Black (Telecommunications Adjudicator), an LEK representative and other Ofcom colleagues attended for parts of the meeting.

Minutes of the meeting held on 27 February 2007

1. The minutes of the meeting held on 27 February 2007 were approved as an accurate record of the meeting. 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.

BT Undertakings: Monthly Update

3. The Board discussed and noted the monthly update on the implementation of the Undertakings agreed by BT.

Pay TV: Update

4. The Board was updated on recent developments in the pay TV market.

Channel 4 Finance and Performance Review: Update

5. The Board discussed and noted LEK’s independent report, commissioned by Ofcom, on the financial review of the Channel 4 Group. The Board noted Channel 4’s submission on the delivery of its remit, and the Ofcom analysis of Channel 4’s delivery of its remit. The Board asked that the Content Board should provide advice to the team on the conclusions to be drawn from the Ofcom analysis.

Future of Radio: Draft Consultation

6. The Board approved proposals relating to community radio for inclusion in the consultation document on the Future of Radio and approved the consultation document as a whole for publication in due course.

Radio Licensing Committee: Composition

7. In light of the appointment to an executive position of the current chair of the Radio Licensing Committee (Ian Hargreaves) it was agreed that Ian Hargreaves should step down from the RLC after its April meeting and that Philip Graf should replace him as Chair of the RLC with effect from 1 May 2007.

Ofcom Annual Plan 2007/8

8. The Board approved the draft Annual Plan for 2007/8 and delegated authority to the Chairman and Chief Executive Officer to approve the final version for publication.

Multiplex Licence Renewal Process

9. In the context of the renewal of multiplex licences, the ‘relevant date’ is the date by which Ofcom determines it would need to publish a new licence award notice in time for the new licence to commence at the same time as the old licence expires. The Board agreed the relevant dates for multiplex licences 2 (held by D3&4) and A (held by SDN Limited) for notification to the two licensees.

ITV Networking Arrangements Review 2006

10. The Board noted that Ofcom would shortly publish a statement concluding the 2006 review of the ITV Networking Arrangements

Minutes of other Board/Panel/Committees

11 The Board noted matters discussed at the following meetings:

The 33rd meeting of the Ofcom Consumer Panel, held on 16 January 2007.
The meetings of the Advisory Committee for Northern Ireland held on 15 November 2006 and 23 January 2007.
The 14th meeting of the Ofcom Spectrum Advisory Board held on 29 January 2007.
The 32nd meeting of the Radio Licensing Committee held on 8 February 2007.

Any other business

12. The Board approved an appointment to the Advisory Committee on Older and Disabled People.

Date of the next meeting

13. The next Board meeting will be held on 27 March 2007.

20 March 2007