The Bill provided the following authority for the OFCOM:”
(1) The transfer of functions to OFCOM from the bodies and office holders which currently regulate the communications sector (which broadly speaking encompasses telecommunications, broadcasting and spectrum management);
(2) The replacement of the current system of licensing for telecommunications systems with a new framework for the regulation of electronic communications networks and services;
(3) The power to develop new mechanisms to enable radio spectrum ("Radio Spectrum") or radio frequencies to be traded in accordance with regulations made by OFCOM, and a scheme of recognised Radio Spectrum access;
(4) The development of the current system for regulating broadcasting to reflect technological change, to accommodate the switchover from analogue to digital broadcasting, and to rationalise the regulation of public service broadcasters;
(5) The establishment of a consumer panel ("Consumer Panel") to advise and assist OFCOM and to represent and protect consumer interests;
(6) The establishment of a content board ("Content Board") to advise OFCOM in relation to the content of anything broadcast or otherwise transmitted by means of an electronic communications network and media literacy;
(7) The concurrent exercise by OFCOM of powers under the Competition Act 1998 and the Enterprise Act 2002 across the whole of the communications sector (including broadcasting); and
(8) Procedures for appeal of decisions relating to networks and services and rights of use for Radio Spectrum.”
Meantime the Bill would give OFCOM concurrent powers with the Office of Fair Trading (OFT) under the Competition Act 1998 and the Enterprise Act 2002.
Content Board is “…to represent public interest regarding the nature and quality of television and radio programmes, and to set the minimum standard for content, accuracy and impartiality.”
OFCOM has a stringent enforcement power to deal with broadcasters to try to circumvent commissioning quotas.
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