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Summary

1.1 This Statement summarises the most important points of general interest made by the respondents to the Ofcom consultation on switchover–related changes to digital terrestrial television (DTT) licences issued on 19 July 2006. It sets out Ofcom’s decisions in relation to the switchover-related conditions to be included in the current DTT multiplex licences (see section 2.10 for details of multiplex operators and licence periods) and in the DTPS, DTAS and DSP licences (the DTT service licences) and explains the regulator’s reasoning. It also confirms Ofcom’s decision about who should hold the Wireless Telegraphy Act licences relating to DTT spectrum after switchover.

Statutory Background

1.2 Ofcom has statutory powers to vary and add new conditions to multiplex licences and to DTT service licences.

Consultation

1.3 Ofcom received 14 responses to the consultation, of which 6 were wholly confidential and 1 partly confidential. All of the non-confidential responses are available on the Ofcom website. Ofcom has considered all responses carefully and taken account of all relevant considerations in reaching the decisions set out in this Statement. Ofcom will implement the variations outlined in this Statement as soon as practicable.

Switchover conditions to be included in multiplex licences

Provision of television multiplex service – coverage obligations

1.4 Ofcom proposed to impose a duty on each multiplex licensee to ensure that, as digital switchover (DSO) takes place in the various regions of the UK, the licensee’s obligations come into force to broadcast from the DTT broadcasting stations required to achieve the necessary level of coverage. The suggested licence condition will be inserted in the licences in the form proposed by Ofcom. There is still uncertainty as regards planning for DSO. Ofcom considers that the appropriate response is to provide certainty by placing multiplex operators under a formal obligation to broadcast from a set number of sites at DSO in order that all stakeholders can plan ahead with confidence. The lists of stations from which multiplex operators will be required to broadcast will be periodically updated and reviewed.

Cooperation and coordination with other parties

1.5 Some form of condition should be included in these licences to ensure multiplex licensees cooperate with other parties as regards digital switchover. To fulfil its duty to promote switchover, the regulator must have a backstop power to ensure all relevant licensees cooperate with the process. It is not necessary to restrict the breadth of the proposed condition as suggested by some respondents. This is because the condition is subject to implicit restrictions e.g. all requests for cooperation must be reasonable.

Annual report and information relating to digital switchover

1.6 The need to be kept informed of licensees’ progress towards, and plans for, digital switchover is sufficiently important that a specific duty should be included in the multiplex licences to provide information annually to Ofcom. With Ofcom’s prior approval, however, a multiplex licensee may fulfil this DSO reporting obligations by means of consolidated or joint reports prepared in liaison with other Ofcom licensees with relevant obligations. The first Annual Report must be provided by 31 December 2007.

Communications with viewers

1.7 Ofcom has decided that it is appropriate to include a condition in the multiplex licences obliging licensees to ensure viewers are informed about rescanning. The proposed condition has been amended to take account of respondents’ comments. For example, licensees will be under a duty to inform viewers, not “adequately” inform them; and a third party, such as Digital UK, may fulfil this duty on behalf of the licensee.

Digital Switchover Date and Timetable

1.8 Over a year after the government in September 2005 announced its indicative timetable for regional DSO, and having inserted an analogous timetable in the DRLs in October this year, it is appropriate for Ofcom to include a similar provision in the multiplex licences. Ofcom will however keep the timetable, and related lists of digital terrestrial broadcasting stations, under regular review. The date for the completion of switchover in the multiplex licences in all UK regions, except the Channel Islands, will be 31 December 2012, consistent with the Government’s published timetable. 31 March 2013 shall be the date by which switchover shall take place in the Channel Islands.

Digital Terrestrial Broadcasting Stations

1.9 As regards the licensed public service broadcasting (PSB) multiplexes (i.e. 2 and B), Ofcom will insert a list of 1,154 DTT broadcasting stations and dependent relays from which the licensee must broadcast at switchover. This list will however be subject to possible amendment soon in light of Ofcom’s opinion that, for the coverage of the PSB multiplexes to be appropriate at switchover, the holders of digital replacement licences (DRLs) need to adopt an additional nine transmission relays. Ofcom will be writing shortly to the holders of DRLs on this point. In order to ensure reasonable DTT coverage at DSO, it may be necessary for Ofcom to propose in due course that a further small number of relays are adopted. The list will be be subject to regular review by Ofcom and be amended as necessary.

1.10 Concerning the commercial multiplexes (i.e. A, C and D), Ofcom will include a condition obliging the licensees to transmit at switchover from, with minor amendments, their current list of sites. The commercial multiplexes will not be under any obligation in their licences to adopt additional sites. Ofcom however will consider future requests from the operators of commercial multiplexes to adopt additional sites in order to increase their coverage in the UK.

DTT service licences

Cooperation and coordination with other parties

1.11 Ofcom has concluded that it would on balance be appropriate to include an obligation on DTT service licensees to cooperate with other parties in the process of switchover. It is not necessary to restrict explicitly the width of the proposed cooperation condition because it is implicit that a licensee need only comply with reasonable requests.

Communications with viewers

1.12 Several respondents objected to this suggested condition being included in DTT service licences. Taking into account all the circumstances, Ofcom has concluded that it is not necessary or appropriate to include any condition about rescanning information in the DTT service licences.

Other issues

Wireless Telegraphy Act licences

1.13 Ofcom has considered respondents’ comments but does not believe that any compelling arguments have been advanced to suggest that Ofcom should alter its provisional proposal to change the holding of the WTA licences to the multiplex operators at switchover.

Technical Codes regarding Transmission

1.14 Ofcom acknowledges that the Code of Practice on Changes to Existing Transmission and Reception Arrangements requires amendment. Ofcom will shortly be starting discussion about revisions to this document with multiplex operators and broadcasters with a view to re-issuing a revised version by mid-2007.

The full document is available below

• Switchover related changes to DTT Licences [pdf]
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