Into the Ofcom era

Ed Richards

Senior Partner,

Strategy & Market Developments,

Ofcom

Agenda

• What is happening at Ofcom

• The future of the NICC

• Ofcom’s technology team

• Questions & Answers

Ofcom

The Communications Act 2003

• Royal Assent July 2003

• 411 sections, plus 19 schedules

• 263 specific duties, compared to 128 under existing regulators’ statutes

• However, some old duties were outside the statutes, eg EU Regulations

Ofcom’s specific dutiesOfcom’s specific duties fall into six areas:

• Ensuring the optimal use of the electro-magnetic spectrum

• Ensuring that a wide range of electronic communications services - including high speed data services - are available throughout the UK

• Ensuring a wide range of TV and radio services of high quality and wide appeal

• Maintaining plurality in the provision of broadcasting

• Applying adequate protection for audiences against offensive or harmful material

• Applying adequate protection for audiences against unfairness or the infringement of privacy

Ofcom’s Mission

• Balance the promotion of choice and competition with the duty to foster plurality, informed citizenship, protect viewers, listeners and customers and promote cultural diversity.

• Serve the interests of the citizen-consumer as the communications industry enters the digital age.

• Support the need for innovators, creators and investors to flourish within markets driven by full and fair competition between all providers.

• Encourage the evolution of electronic media and communications networks to the greater benefit of all who live in the United Kingdom.

Ofcom exists to further the interests of citizen-consumers through a regulatory regime which, where appropriate, encourages competition.

To do this Ofcom shall:

Ofcom’s Regulatory Principles (1)

• Ofcom will regulate with a clearly articulated and publicly reviewed annual plan, with stated policy objectives.

• Ofcom will intervene where there is a specific statutory duty to work towards a public policy goal which markets alone cannot achieve.

• Ofcom will operate with a bias against intervention, but with a willingness to intervene firmly, promptly and effectively where required.

• Ofcom will strive to ensure its interventions will be evidence-based, proportionate, consistent, accountable and transparent in both deliberation and outcome.

Ofcom’s Regulatory Principles (2)

• Ofcom will always seek the least intrusive regulatory mechanisms to achieve its policy objectives.

• Ofcom will research markets constantly and will aim to remain at the forefront of technological understanding.

• Ofcom will consult widely with all relevant stakeholders and assess the impact of regulatory action before imposing regulation upon a market.

Board Content Board

Consumer Panel

Ofcom and NICC

• Good reputation over 10 years

• Successful model of co-regulation

• Industry has adopted consensus decisions

• Played role in promoting competition, eg– Calling Line ID– Number Portability– Carrier Preselection– LLU and DSL

Ofcom and NICC (2)

• Ofcom pleased to learn about NICC

• Consistent with:– Stated bias against intervention– Seeking least intrusive mechanisms

• Recognise limited resources available

• Less incentive to cooperate in innovative areas

Ofcom’s Technology Group

• Headed by Chief Technology Officer

• Comprises:– R&D Team– Technology Strategy Team

• Overall objective:

• “To apply technology insight and R&D resources to further Ofcom’s key objectives”

Technology Group Specific obligations from Comms Act

• S4(7) To encourage service interoperability• S4(9) To encourage compliance with standards• S10 To encourage availability of easily usable

apparatus• S11(1) To encourage development of content

rating & filtering systems• S152(4) To carry out spectrum research• S152(5) To make spectrum efficiency grants

Technology Group

• Other activities will include contributing to:– Spectrum trading– Digital switchover– Advice to Competition & Markets– Assessing impact of new technologies– Dialogue with industry & other stakeholders– Promulgating understanding and awareness

of technology within and without Ofcom

Concluding thoughts

• Ofcom is keen to continue supporting NICC

• Several NICC studies will be high on Ofcom’s

agenda, eg NGNs, DSL

• Keen to leverage NICC expertise in these areas

• Encourage NICC to build links with other co-

regulatory bodies

Questions & Answers