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1. What requirements have been imposed on broadcasters to provide access services (subtitling, signing and audio description)?

Television Access Services Code published: 26|07|04
Access Services Review Statement published: 27|09|06

The Code on Television Access Services gives effect to section 303 of the Communications Act by requiring relevant cable and satellite channels to join public service broadcasters in providing access services. Ofcom has set interim targets that rise progressively towards the ten-year targets set in the Act - 80% of non-exempt programmes for subtitling, 10% for audio description, and 5% for sign language. The interim targets are published on Ofcom’s website. http://www.ofcom.org.uk/tv/ifi/codes/ctas/

The Code applies to the most popular channels - those with an average audience share in all UK households of 0.05% over a 12 month period - which can afford to meet the access service targets by paying up to 1% of their total revenues^(-1-). A full list of these channels can be seen at: http://www.ofcom.org.uk/tv/ifi/guidance/tv_access_serv/

2. Why has Ofcom set interim targets?

Ofcom is empowered by the Communications Act to set interim targets. We listened carefully to the views expressed by consultees, and sought advice from Ofcom's Advisory Committee on Older and Disabled People (ACOD), which recommended that targets for subtitling and signing be set at the end of years one, three, five, seven and ten. Ofcom concluded that this was an appropriate balance between securing immediate benefits for end-users and burdening smaller cable and satellite broadcasters with continually changing targets.

Ofcom has set annual interim targets for audio description requiring broadcasters to meet the ten year target in five years. In doing so Ofcom has taken account of the fact that Audio Description could be made available on more platforms than was the case when the legislation was enacted. Therefore the targets for broadcasters obliged to provide audio description are 2% in year one, 4% in year two, 6% in year three, 8% in year four and 10% in year five. Annual targets will continue to apply to public service broadcasters, as in the past.

3. Why are the final and interim targets for audio description and signing set so low? Surely blind people and deaf people who need signing deserve the same treatment as those who use subtitling?

The final targets are specified in the legislation, and the interim targets have been set at levels that allow for a gradual progression, in order to allow time for broadcasters and suppliers of these services to make the necessary adjustments. The Secretary of State may amend those targets by Order, but Ofcom has no power to do this. Ofcom has passed on to the Government the advice of ACOD that a higher statutory target be set for audio description, and the Government asked Ofcom to recommend whether a higher target should be set. Ofcom concluded in its 2006 Access Services Review that it would be premature to make any recommendation to Government for changes to the statutory target for audio description until awareness and take up of the service had increased. In the meantime, bearing in mind that audio description is now receivable by several million households who use DTT, satellite services and cable services, Ofcom has decided to require that broadcasters reach the ten year statutory target within five years.

4.When do channels become subject to television access service obligations?

The public service channels ( BBC services, Channel 3,4,5 and S$C Digital) were liable to provide Access Services under the 1990 and 1996 Broadcasting Acts. This liability continues under the 2003 Communications Act.

For many digital channels, the obligations began at the start of 2005. Accordingly these services entered their fourth year of Access Service provision as of 1 January 2008 during which they must subtitle 35% of their output, audio describe 8% of programming and sign 2% of output.

Newer channels must provide access services from the first anniversary of their transmission. Provision starts at 10% for subtitling, 2% for audio description and 1% for signing, rising to 80%, 10% and 5% respectively over a 10 year period. For a full list of the interim targets visit: http://www.ofcom.org.uk/tv/ifi/codes/ctas/

5. What is Ofcom doing to help people who use access services to find out what television programmes provide this?

The Code requires broadcasters to ensure that they supply timely and accurate information about programmes with access services to providers of Electronic Programme Guides, and to supplement this in ways that provide effective publicity for their programmes, but is not prescriptive about how this should be done. Possible measures include on-air announcements and listings on their websites. Research carried out in connection with Ofcom’s 2006 Access Services Review found a high degree of awareness (around 80%) amongst both the general population and amongst potential users of signing and subtitling services. There was less awareness of audio description, hence Ofcom has been working with broadcasters and the RNIB to improve publicity about this service.

6. How is it possible that some channels which used to be obliged to provide access services now have reduced or no obligations?

Ofcom’s annual Mid-year Review assesses which channels are obliged to provide Access Services in the following year. The review is based on revenue and audience share information. If a channel’s audience share has fallen consistently below the 0.05% threshold or their revenue has dropped, resulting in access services costing more that 1% of relevant UK turnover the channel will not be required to provide access services in the following calendar year.

7. What will be the impact on broadcasters? Ofcom’s own regulatory impact assessment indicates that the annual cost for broadcasters could amount to £0.3 million a year, rising from that level as obligations increase. How can Ofcom describe that as affordable given the fierce competition faced by broadcasters?

Parliament made clear that it expected broadcasters to bear additional costs, and this was reflected in the regulatory impact assessment which accompanied the Communications Bill. Ofcom is proposing that broadcasters should be required to spend no more than 1% of UK-derived qualifying revenue (based on average costs)^(-2-). We believe that this should be affordable, and the broadcasters to whom we have spoken have not proposed any alternative approaches. As part of the 2006 Access Services review, Ofcom looked at the cost burden on broadcasters in the light of rising targets, and concluded that it remained generally affordable. We shall do the same in advance of increases in subtitling due in 2009.

8. What happens if a broadcaster finds it has to spend more than 1% of qualifying revenues on meeting its targets?

This has not proved to be a general problem, although (as explained above) we keep costs to broadcasters under review. Unit costs for access services have tended to decline as volume of television access services increases, and as advantage is taken of improving technologies (e.g. speech recognition) and outsourcing opportunities. However, we recognise that individual channels may find themselves struggling from time to time, and the code outlines a review mechanism which allows Ofcom to freeze or suspend obligations, or remove them altogether if circumstances warrant it.

9. Why does Ofcom consider it appropriate for television channels with an audience share as low as 0.05% to provide television access services? Isn’t that too onerous given the relatively few people watching such channels?

The Government made clear that it considered that the cable and satellite television industry had reached a level of maturity that made it appropriate for them to provide the services that people with hearing and sight disabilities to understand and enjoy their programmes. In preparing its regulatory impact assessment, it assumed that channels with an audience share of 0.05% would be required to provide television access services. This would equate to a peak-time audience share of several thousand people. Many respondents to the consultation agreed that this was an appropriate level, and Ofcom considers that it commands wide support.

Footnotes:

1.- See below for a fuller explanation of the rationale.

2.-Licensees are required to make an annual declaration to Ofcom of their qualifying revenue. Qualifying revenue is defined in each of the relevant licences and is ascertained in accordance with section 19(2) to (6) of the Broadcasting Act 1990. The different categories of television licence to which the Code applies can be found in Related Items.

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