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SCOTLAND's PUBLIC SERVICE SPECTRUM Papers for Ofcom's SCOTLAND’S PUBLIC SERVICE SPECTRUM Papers for Ofcom’s DDR Consultation from Scotland’s Public Service Spectrum Forum hosted by the Cross Party Culture and Media Group of the Scottish Parliament with the support of the University of Strathclyde and held at the Scottish Parliament on 14th February 2007. (For details of the agenda and outcomes go to http://gs.strath.ac.uk/content/view/224/130/) Introduction and Background In Scotland the consultation on Ofcom’s Digital Dividend Review has been extensive and wide-ranging involving many meetings, presentations, papers and briefings to discuss digital spectrum, wireless broadband, rural services, community access and local television. These meetings have taken place from 2005 onwards as the DDR programme has come into view. They have been held with the support and participation of local authorities, enterprise companies, voluntary sector organisations, production companies, research institutes, media access centres and voluntary arts associations taking place in the Scottish Borders, Dumfries and Galloway, Fife, Lothians, Strathclyde, Perth & Kinross and Inverness – assisted by Highlands & Islands Enterprise. Many representatives of local authorities, council service providers, universities and colleges, community and voluntary organisations and community media groups have travelled to these meeting from further away (from Aberdeen, Aberdeenshire, Angus and the Western Isles). Many individuals and organisations have attended, addressed and contributed to these meetings and to follow-up papers. Reports of these meeting s as well as those presentations testing the shape of Local TV requirements in Scotland have found their way into ACTO – local public service television directories. These meetings informed the Local Channel Atlas (Scotland). Papers have been published and circulated regularly as on-going contributions to the debate on spectrum use with Ofcom and the Department for Culture, Media and Sport, the DDR consultants Analysys and with the Scottish Executive. An annual Local TV Forum has been held in Edinburgh in March 2005 and 2006 organised with the support of CoSLA (Confederation of Scottish Local Authorities). Here Local TV contributions have involved the UK’s RSLs and the BBC’s West Midlands ‘ultra local TV’ as well as Slovakian and Eastern European Local TV experience. Digital engineering for Local TV has featured strongly in discussion at these Forum’s and in-between times (notably to resolve the best solution among add/drop, local multiplex and interleaved spectrum options). At meetings and throughout the last two years representatives from Ofcom, arqiva, ngwireless and Terayon have been heavily involved in checking and contributing to the evolution and reconciliation of the add/drop solution with DTT requirements. Several ‘Local TV’ campaigns have started in Scotland often finding a Scottish and UK wide responses. The Christmas 2005 Local TV Parlour Game found council staff in the Borders and later in Dumfries and Galloway keen to forego a ‘quiz’ channel on their TVs in favour of a Local TV channel using unwanted quiz or shopping channel spectrum for their area. The Campaign for Local TV was launched as an e-petition by the Broadcasting Trust (on http://www.commentonline.co.uk/survey/ ) to address ‘local demand’ for the Analysys DDR studies with responses from across the UK (with comments reproduced in ACTO 16). The Campaign for Local TV confirmed that quiz and other more commercial mux channels were widely disliked - ‘unwanted’ and should be dropped in favour of Local TV introduced area by area (possibly using add/drop to ‘release’ the mux capacity). The overwhelming view was that these channels wasted spectrum through being poorly watched. A recent Scottish Parliament e-petition was raised on behalf of Media Access Projects Scotland (MAPS) by its co-Chair Graeme Campbell urging the Scottish Parliament to make representations to the Scottish Executive on behalf of spectrum and local and new Scottish channels. Petition by Graeme Campbell, on behalf of MAPS (Media Access Projects Scotland), calling for the Scottish Parliament to urge the Scottish Executive to seek clarification on the ownership of electromagnetic broadcast spectrum in advance of the proposed spectrum packaging and award process and to seek assurances that capacity will be reserved on the digital multiplexes to enable local and new Scottish television channels originating in Scotland to be broadcast to Scottish viewers receiving the public service broadcasting channels. http://epetitions.scottish.parliament.uk/view_petition.asp?PetitionID=150 Meeting and discussion with the Scottish Parliament Two meetings have been held with the Scottish Parliament Cross Party Media Group to discuss the digital dividend (October 2006 and February 2007). These have addressed spectrum ownership and trading, public access to spectrum and new and Local TV services from and for Scotland. The earlier October 2006 meeting included a presentation reproduced in the ACTO COMPILATION (for access details see below). The second Cross Party Culture and Media Group meeting – Scotland’s Public Service Spectrum - was held on 14th February with the support of Strathclyde University, following consultation with Public Voice (conducting a UK wide survey of public DDR stakeholders). The Scottish Parliament offered an opportunity for a wide gathering of social and public stakeholders to address Ofcom’s Digital Dividend Review Consultation and to report back to Ofcom, to the Scottish Executive, The Scotland Office, the Department for Media Culture and Sport and to other public agencies with a responsibility or an interest in the future access and use of digital spectrum in Scotland. Several papers were presented at Scotland’s Public Service Spectrum Forum following an introduction by Alan Stewart, Head of Telecommunications and Broadcasting at Ofcom Scotland. Delegates from the SPSS Forum then met (7th March) representatives from from the Scottish Executive - Anne Dagg (Arts & Creative Industries Policy Unit Education Dept: Cultural Policy Division) and Harry Emambocus (Telecoms Policy Team) - at a briefing meeting at the Department of Geography and Sociology, University of Strathclyde. Extracts follow from papers presented at Scotland’s Public Service Spectrum which were subsequently circulated in their entirety to the agencies mentioned. These papers have been reproduced in full in ACTO – local public service television directories in the editions indicated. ACTOs can be downloaded in .pdf format from:- http://www.maccess.org.uk/members/ilt.html Extracts from the Scotland’s Public Service Spectrum Forum David Goldberg legal consultant and researcher (full paper appears in ACTO 28) ….. Nicol Stephen MSP answering Chris Balance MSP - (S2W-30005) The Executive's understanding is that there is no defined ownership of the electromagnetic spectrum. However, regulation of telecommunications is a reserved matter and, as indicated previously, UK spectrum is managed by OFCOM, who have been empowered through UK legislation to authorise spectrum use under 3,000GHz for wireless telegraphy applications.’ Very interesting: the SE’s understanding is that “…there is no defined ownership of the electromagnetic spectrum”!!! My suggestion at this forum today is that the question and the answer (although revealing in terms of who – doesn’t own spectrum) is misleading because [this] is a category error: characterising spectrum as if it were 19 century ether or analogising it to land or some other scarce substance. • Spectrum isn’t a thing – invisible (19C massless ether) or visible (land) • It can’t be owned e.g., spectrum isn’t excludable • Think of the issue in terms of action (verb) not substance (noun), think in terms of spectrum use; there’s no Platonic ideal spectrum lurking like the shadow in the cave (!) • Spectrum classification is a human construct; it doesn’t exist in nature • Radio communication is people communicating using emitters and receivers: the activity is using emitters modulating at a specific frequency and receivers tuned to receive the emission to enable/facilitate communication The matter is covered in Section 116 of the Wireless Telegraphy Act 2006 116 "Wireless telegraphy" (1) In this Act "wireless telegraphy" means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies [emphasis added] (2) This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that- (a) serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or (b) is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects. (p 7) My claim is that radio communication - really communicating – is an activity that comes within the framework of Article 10 of the European Convention on Human Rights (freedom of expression and the right to receive). So all that Ofcom does and proposes and implements etc may be reviewed and challenged in the light of its compatibility with Article 10. Are the measures prescribed by law? For a legal aim? Necessary in democratic society? Proportionate? (ii) The best resource for this is the publication by Article 19 Wireless Communications: Licence
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