The Government’s draft Communications Bill, announced in Parliament yesterday (see Draft Communications Bill Relaxes Cross Media Rules), laid down the proposed framework for the establishment of the new super-regulator OFCOM.
The Office Of Communication (OFCOM) will have concurrent powers with the Office Of Fair Trading to apply competition rules in the communications sector and will replace the existing five regulatory bodies: the Independent Television Commission, the Radio Authority, Oftel, the Broadcasting Standards Commission and the Radio Communications Agency.
OFCOM will apply a consistent scheme for regulating the public service broadcasters, with greater regulation for the BBC and more self-regulation for commercial broadcasters. The BBC’s core responsibilities will remain with its board of Governors, but it will be overseen by OFCOM, with backstop powers resting with the Secretary of State for Culture Media and Sport.
The new super-regulator will establish and maintain a “Content Board” that would ensure that the public’s interest in the nature and the quality of TV and radio programmes is “strongly” represented within OFCOM’s structure.
The general public will also be represented though a new Consumer Panel, whose function will be to advise OFCOM, and other bodies where appropriate, on major policy matters arising from the delivery of communications services.
OFCOM will have the powers needed to prevent market abuses and a corresponding general duty to further consumer interests. Commenting on the new regulatory body, Trade and Industry Secretary, Patricia Hewitt, said: “We are replacing the existing five regulatory bodies with one. OFCOM will have a clear duty to promote competition and will have a small strategic board allowing it to move quickly in this rapidly changing industry.”
She added: “OFCOM will have offices in each of the UK’s devolved nations and will have duty to the interests of people in across the UK.”
The ITC, which has worked closely with the Government to lay down the framework for OFCOM, has welcomed the proposals put forward under the Bill. The ITC’s chief executive, Patricia Hodgson, said: “The new legislation will play a vital part in bringing audiences the benefits of competition and technological change. The ITC will continue to work hard to create a simple but effective framework which reduces regulation whilst protecting quality.”
DCMS: 020 7211 6200 www.culture.gov.uk DTI: 020 7215 5000 www.dti.gov.uk
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