The Bill In Brief: The Changes To Come

According to the DCMS and DTI, who jointly published the draft Communications Bill yesterday, the new legislation has the following functions:

• Establishes a new regulatory framework for the whole of the Communications sector. Transfers functions from the existing five regulators to OFCOM.
• Provides for further deregulation to evolve as markets change and streamlines the regulatory environment across the sector.
• In its final form, the Bill will reform the rules on media ownership. Firm proposals for reform were published yesterday alongside the draft Bill – there will be significant deregulation to promote competition and investment, but a few core rules will be retained to ensure the existence of a range of media voices, safeguarding the vibrancy of democratic debate.
• OFCOM will have concurrent powers with the Office of Fair Trading to apply competition rules in the Communications Sector (monopolies, mergers, anticompetitive agreements, abuse of dominant positions)
• Removes the requirement for licensing of telecommunications systems (removing about 400 licences) and replaces it with a new regulatory regime for electronic communications networks, services and associated facilities – in line with the EC Directives
• Makes provision to allow spectrum trading, which will lead to more efficient use of the available radio spectrum.
• Introduces a new, more coherent, structure for broadcasting regulation that is specifically geared to dealing with the digital age, making more use of self-regulation where appropriate.
• Public service broadcasters will have greater freedom to regulate themselves in certain areas – they will have to set out what they will offer the public and be held to it, but will have greater flexibility in how they choose to deliver
• Requires OFCOM to establish and maintain “The Content Board” with the principal function of ensuring that the “public interest” in the nature and quality of television and radio programmes is represented within OFCOM’s overall structure.
• The new consumer voice will come through a 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.
• Consumers will stand to gain – in terms of access to services, service quality, choice, price and value for money – from a dynamic and vigorous market in electronic communications generally. OFCOM will have the powers needed to prevent market abuses and a corresponding general duty to further consumer interests.

DCMS: 020 7211 6200 www.culture.gov.uk DTI: 020 7215 5000 www.dti.gov.uk

Recent Communications Bill stories from NewsLine: Communications Bill Lays Down OFCOM Framework Reaction To Draft Bill Begins Draft Communications Bill Relaxes Cross Media Rules

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