Pre-appointment hearing with the Chairman-elect of Ofcom, Dr Colette Bowe - Culture, Media and Sport Committee Contents


Examination of Witness (Question Numbers 100-119)

DR COLETTE BOWE

13 JANUARY 2009

  Q100  Mr Whittingdale: Similar pressures on radio are also affecting the newspaper industry and we are seeing newspapers go out of business almost every day now. Ofcom does have a role in this, particularly if part of the solution is to relax the competition rules governing regional newspapers. Is that something that you are looking at?

  Dr Bowe: It is indeed. Our role, as you acknowledge Chairman, is a limited one, but in the context of all that we are doing, and following Mike's point, to look at markets for the delivery of local news in particular, it would be extremely foolish of us to ignore the situation of regional newspapers so, acknowledging that our powers are limited in this area, you can take it that this is an area that Ofcom is looking at from the standpoint of what it might be able to do to be helpful to that extremely important part of our communications industry. That is very much where we are coming from on that.

  Q101  Mr Whittingdale: In both radio and newspapers if you do seek to be helpful you may require a change in the law to do so. Would you be looking to put the case to the Government for a new Communications Bill?

  Dr Bowe: I think at this stage of my tenure it would be rather presumptuous of me to walk in and say that we are looking for a new Communications Bill, but it is undoubtedly the case that there are a number of issues where, partly because of the way the industry has developed but to be honest partly because of things that I do not think were quite right the first time around, where you might want some change to the legislation, but I am not walking through the door of Ofcom saying, "Right, the next priority is a new piece of legislation, please." I think we have got to be quite careful. We have got to have that dialogue with you about what are the issues, is legislation the right way to address them, or can we manage it. There are one or two points. One that I would just like to get on the table because I have not had a chance to this morning, is there is an aspect of the penalties that Ofcom can levy which is quite deficient, in my view. The penalties Ofcom can levy for the abuse known as silent calling are limited to £50,000. I do not think that is enough. If I could put that on the table as well, I would very much like to. That is a serious abuse which causes untold concern to older people who are very, very disturbed by silent calls, and it is an unacceptable face of the industry and we need stronger powers to tackle it, please.

  Q102  Mr Whittingdale: It is pretty annoying to not so old people as well.

  Dr Bowe: The thing for older people is that it is frightening. It is not just annoying; to pick up the phone and there is nobody there is frightening.

  Q103  Mr Hoyle: You just mentioned regional newspapers and this is an absolutely critical area where people have a real alternative. Why we are worried is it is not just the dailies, it is the weeklies that we see going, and it seems to me (and I do not know who the competition is) that previously you would have had a free sheet and a paid weekly and in some areas one will go and in another area it is the other newspaper that will go. There seems to be a trade-off of titles between each of the two groups and what I am concerned about is that there is no real competition left in towns where in the end one newspaper will be left with all the business and they will decide what they want to put in. I just wonder what you can do to try and ensure that there will be some competition not only in dailies but in the weekly titles that we seem to be losing. We come back to the problem about radio. If they all keep merging and keep merging so it becomes one radio station with one set of news and after a certain time there is no local news, there is just the national news, I think there is a great danger that we are failing in this and we are going to see newspapers going the same way.

  Dr Bowe: If I could just say, Lindsay, that our powers in respect of newspapers are very limited.

  Q104  Mr Hoyle: It comes back to the Chairman's point that you need more power.

  Dr Bowe: What I want to indicate here is simply that I do not think you can think about local journalism (because we are talking about local news here basically) and you cannot talk about radio in a separate box from local newspapers because people want all of them.

  Q105  Mr Hoyle: Absolutely.

  Dr Bowe: Our remit is primarily about the broadcasting side but I think it would be foolish of us to try and think about that in a sort of silo where we are not thinking about local papers as well.

  Q106  Peter Luff: Can I just change the subject briefly and take you back to something you began with, the digital dividend and spectrum allocation. In the early days, I was concerned particularly about the future of radio microphone technology that because of the combination of an extraordinary technological optimism at Ofcom about what could happen to make new things possible and an economic determinism that only the market will decide that radio microphone technology was under serious threat in the UK, which would have meant an end to outside news broadcasts, an end to referees having wireless microphones at football matches, an end to music tours, an end to theatre; it was a devastating situation. To Ofcom's great credit and to Ed Richard's great credit, they did take the concerns that I expressed very seriously and there is a very constructive dialogue going on, including with the mobile telephone sector where the competition is actually with them for spectrum allocation. Can I urge you in your work on the digital dividend and spectrum allocation to look particularly carefully at this issue because it is crunch time now for this issue?

  Dr Bowe: Will do, yes.

  Peter Luff: Thank you.

  Mr Whittingdale: Adrian Sanders?

  Q107  Mr Sanders: Long questions get short answers; I like that! In terms of what you said at the beginning when you mentioned digital switchover, which is becoming a live issue for many, many people, there is an issue here of access to the range of services for people who receive their signal from a relay transmitter. What is your view and should Ofcom not have a view on this in trying to ensure that everybody receives the same range of services?

  Dr Bowe: That is quite a tricky one because, as you know of course, terrain becomes very important in this. What I meant by indicating right at the beginning my interest in the digital switchover was I have been concerned right since the outset of digital switchover not, to be honest, about the kind of engineering issue that you are raising, but about the ability of vulnerable people to cope with the consequences of this switchover. What I mean by vulnerable people is people who are older and maybe living on their own who have not got anyone to help them and people who might have, for example, learning difficulties and who might find this difficult to cope with. There is a help scheme. Early indications from the first switchover areas are that this has gone reasonably well, but this year we are moving into a year when Wales and the West Country and the North West of England and the rest of the Borders are going to be completed. This is going to pose a significant challenge, and what I meant by indicating my earlier interest in digital switchover was that I will want Ofcom, along with Digital UK, to be keeping an extremely close eye on the working through of that. It is a very, very difficult-to-implement project and there are a lot of people who may well be disadvantaged by it if we are not extremely careful.

  Q108  Mr Sanders: But there is some superb work being done by Age Concern and other voluntary organisations who have been roped into this, and my area is due to switch over very shortly, but the only complaints that I receive are from those areas that are not going to get the full range of services once analogue is switched off. It is almost like there is a two-class switchover. If you get your signal from the main transmitter you are in division one but if you get it from a relay station you are going to get a secondary service. That is wrong given that people pay the same level of licence fee irrespective of which transmitter they receive their pictures from.

  Dr Bowe: I completely take your point. Can I ask you just to take it from me that all the aspects of digital switchover will be high on my agenda this year and you are speaking to a highly receptive person on that.

  Mr Sanders: One final thing, to get back to the sporting question, there has been a lot of concentration on football but a lot of people would love to have Test cricket back on terrestrial TV.

  Mr Whittingdale: That is entirely outside the remit of Ofcom!

  Q109  Mr Sanders: I would like a personal view given that we have talked a lot about football teams.

  Dr Bowe: Cricket is now on the record, okay; I am sure others will be listening to this.

  Q110  Mr Weir: It is interesting that at the outset you mentioned broadband as being one of your main concerns. As a matter of public policy objective, do you think the UK should concentrate on increasing speeds to areas that already have access to broadband, given that there has been much in the news lately about the speeds being promised not being delivered, or on using alternative technology to extend basic coverage and reducing the number of so-called "not spots", and I have many of them in my constituency?

  Dr Bowe: I bet. Mike, if you want my personal view on this, we have not got a universal service obligation for broadband in the United Kingdom; I believe we should have.

  Q111  Mr Weir: Do you have any powers at the moment? To be fair to the Government they pushed broadband and they got it into all the exchanges, the problem is from the exchanges to the houses, and many in my area are still on copper cable and speeds are non-existent, it is little better than dial-up. Do you have any powers to do anything about that present situation?

  Dr Bowe: No. I hope you saw the research that we did last week which illustrated extremely well how the last bit that it travels from the exchange to you can be where the difference between the headline speed that you signed up for and what you actually get can actually go wrong. We do not have powers to mandate on that, but I come back to saying that I think that we should be taking forward a universal service obligation for broadband. It is an absolute essential part of being connected. Everybody needs it and we should now set about getting it.

  Q112  Mr Weir: Do you think that a universal service should be on the fibre optics or do you think that there should be a mixture?

  Dr Bowe: Frankly, I have not got a view about the technology. What I want is the stuff in people's houses and in their businesses. There are a lot people I know who are trying to run small businesses in rural communities who are having a heck of a job.

  Q113  Mr Weir: I will introduce you to some more if you want.

  Dr Bowe: Bring them on because this is what we need to hear.

  Q114  Mr Whittingdale: Can I finally just ask you a question about what they do with it when it arrives in their homes. When Ofcom was set up I remember that we had considerable debates about the fact that the internet was outside the scope of Ofcom's regulation. We have since then had the Audiovisual Media Services Directive which has begun to extend the regulatory framework on the internet, but the Secretary of State has recently made some comments where he seems to envisage a much more intrusive regulatory regime, even the possibility of age ratings on websites. Is that something that you think Ofcom may well find itself being asked to do?

  Dr Bowe: It is something that we need to have a good dialogue with the Secretary of State about. I can see exactly where he is coming from on that. It is kind of what a lot of people want. As a parent it is very much what one wants actually.

  Q115  Mr Whittingdale: They may want it but can it actually be done?

  Dr Bowe: We have got to have a dialogue about the practicality of that but I think where he is coming from is a very good place.

  Mr Whittingdale: In which case I do not think the Committee has any more questions. Oh, sorry, Peter.

  Peter Luff: I think we ought to ask the last question. If you were to make yourself available for reappointment at the end of your term, what criteria should we use to assess your individual record as Chairman of Ofcom?

  Q116  Mr Hoyle: A reduced salary!

  Dr Bowe: Peter, I think you have just heard the answer!

  Q117  Peter Luff: You will want to make a difference as an organisation.

  Dr Bowe: Yes. If this were to happen, ask me: "Okay, what have you achieved for citizens and consumers compared to where people were in January 2009?" Hold me to account for that. Could I say one final thing, Chairman?

  Q118  Mr Whittingdale: Of course.

  Dr Bowe: It is an issue that has come up throughout this morning's hearing but I would like to just reiterate it. I believe that the ability of the public to trust the communications media, and particularly the broadcasters, is an absolute pillar of a free, democratic society like ours, and, going back to Peter Luff's question just now, what I would like you to ask me about if I were to come in front of you in five years' time is what have I done to promote and defend public trust in the media. Thank you.

  Q119  Mr Whittingdale: Thank you. The Committee is now going to continue in private briefly to discuss the evidence that we have received, but can I first of all thank Dr Bowe very much for giving up her time and, without wishing to pre-empt the conclusions of my colleagues, can I wish you every success in your new role.

  Dr Bowe: Thank you very much, John. I have very much enjoyed this morning and look forward to talking to you again in many different ways in the years to come. Thank you.





 
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