Into the Ofcom era Ed Richards Senior Partner, Strategy & Market Developments, Ofcom

1. Into the Ofcom era Ed Richards Senior Partner, Strategy & Market Developments, Ofcom

2. Agenda • What is happening at Ofcom • The future of the NICC • Ofcom’s technology team • Questions & Answers

3. Ofcom

4. 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

5. Ofcom’s specific duties Ofcom’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

6. Ofcom’s Mission Ofcom exists to further the interests of citizen-consumers through a regulatory regime which, where appropriate, encourages competition. To do this Ofcom shall: • 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.

7. 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.

8. 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.

9. Board Content Board Consumer Panel

10. 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

11. 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

12. 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”

13. 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

14. 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

15. 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

16. Questions & Answers