Ofcom u-turn on BBC DRM

The request was partially successful.

Dear Office of Communications,

I would like to make a freedom of information request for full and complete copies of the documents:

(a) recording and explaining the reasons behind Ofcom's decision in 2009 to abandon its long standing opposition to the idea of the BBC adding digital rights management technology to its high-definition broadcasts and

(b) outlining the decision making process leading to the Ofcom public consultation 'Content management on the HD Freeview platform' (Start date: 22 January 2010, End
date: 02 April 2010).

Yours faithfully,

Ray Corrigan

Julia Snape, Office of Communications

4 Attachments

Dear Mr Corrigan
Please find attached response to your request for information.
Kind regards
Julia

:: Julia Snape
Information Rights Advisor
Content, International and Regulatory Development
Direct Line: 020 7981 3875
[email address]

:: Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA
020 7981 3000
www.ofcom.org.uk

show quoted sections

This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email
______________________________________________________________________

Dear Ms Snape,

Thanks for your helpful response to my freedom of information request.

Could I just follow up with a further request relating to Document No. PE 275(09). The paper refers, in the middle of page 4, to Ofcom's decision on the BBC's proposal being likely to be dependent on advice from the IPO on whether broadcasters planned use of DRM would be consistent with consumer 'fair use' and 'format shifting' of the content.

Could you supply a copy of the evidence showing:

(a) that such advice was sought from the IPO and
(b) the specific advice received from the IPO if such advice was received

Thank you.

Yours sincerely,

Ray Corrigan

Dear Ms Snape,

Thanks for your helpful response to my freedom of information request at
http://www.whatdotheyknow.com/request/of...

Could I follow up with a further request relating to the minutes of the Ofcom Policy Executive meeting of 24 September outlined in your response letter
Ray Corrigan HD Freeview 1 180640941.doc at http://www.whatdotheyknow.com/request/of...

The minutes state that:

“PE agreed that, to progress the issue most effectively, the team should, as a priority, arrange a series of face to face meetings with the key stakeholders, including rights holders, to better understand their respective positions.”

Could you let me know:

(a) the dates and venues of these face to face meetings
(b) which “key stakeholders” were invited
(c) which “key stakeholders” attended
(d) and provide records of the discussions that took place at these meetings

Thank you.

Yours sincerely,

Ray Corrigan

Julia Fraser, Office of Communications

Dear Mr Corrigan,

Freedom of Information: Right to know request 1-183048406

Thank you for your request for information about meetings with
stakeholders. This was received on 5 July 2011.

I am writing to advise you that the information you requested is not held
by Ofcom.

You asked:

Could I follow up with a further request relating to the minutes of the
Ofcom Policy Executive meeting of 24 September outlined in your response
letter Ray Corrigan HD Freeview 1 180640941.doc at
[1]http://www.whatdotheyknow.com/request/of...

The minutes state that:

"PE agreed that, to progress the issue most effectively, the team

should, as a priority, arrange a series of face to face meetings

with the key stakeholders, including rights holders, to better

understand their respective positions."

Could you let me know:

(a) the dates and venues of these face to face meetings

(b) which "key stakeholders" were invited

(c) which "key stakeholders" attended

(d) and provide records of the discussions that took place at these

meetings

Ofcom held a meeting with ITV at Riverside House on 14 December 2009.
Ofcom does not have a record of the discussions.

We also held a meeting with the BBC at White City on 6 November 2009. Once
again we do not have a record of the discussions.

Additionally Ofcom colleagues met with the Open Rights Group. We cannot
find a record of when this meeting took place. But the Open Rights Group
may be able to confirm details.

If you have any further queries, please let me know. Please quote the
reference number above in any future correspondence.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[2][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[3]www.ofcom.org.uk

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom. We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case. However, we aim to conclude all such
reviews within 20 working days, and up to 40 working days in exception
cases. We will keep you informed of the progress of any such review. If
you wish to request an internal review, you should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

Mark Salter left an annotation ()

Once again it seems that Ofom's email system is misplacing follow-ups.

This point of clarification :-

http://www.whatdotheyknow.com/request/of...

seems to have been completely missed by Ofcom?

Ofcom's Mr Howell has been informed that Ofcom's email system appears to be hampering their ability to comply with the FOIA regulations, but he is yet to acknowledge this.

Perhaps Mr Corrigan could ask Ofcom where the answer to his question about IPO input into this process is and perhaps how it has been missed by the Ofcom team?

Julia Fraser, Office of Communications

Dear Mr Corrigan

Freedom of Information: Right to know request 1-183254425

Thank you for your request for information: this was a further request
relating to Document No. PE 275(09), supplied in response to your earlier
FOI request no.1-183048406. You asked:

Could I just follow up with a further request relating to Document

No. PE 275(09). The paper refers, in the middle of page 4, to

Ofcom's decision on the BBC's proposal being likely to be dependent

on advice from the IPO on whether broadcasters planned use of DRM

would be consistent with consumer 'fair use' and 'format shifting'

of the content.

Could you supply a copy of the evidence showing:

(a) that such advice was sought from the IPO and

(b) the specific advice received from the IPO if such advice was

received

This was received on 1 July 2011.

I am writing to advise you that the information you requested is not held
by Ofcom.

However, I can confirm that an Ofcom colleague had a telephone
conversation with the IPO about this issue. The ICO's office did not
express any concerns about the BBC's proposal. There was no further
correspondence with the IPO on this matter and the IPO did not respond to
our consultation on the issue.

If you have any further queries, please let me know. Please quote the
reference number above in any future correspondence.

Yours sincerely

:: Julia Fraser

Head of Knowledge Centre
020 7981 3751 T

020 7981 3406 F

[1][email address]

:: Ofcom

Riverside House
2a Southwark Bridge Road
London SE1 9HA

020 7981 3000
[2]www.ofcom.org.uk

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom. We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case. However, we aim to conclude all such
reviews within 20 working days, and up to 40 working days in exception
cases. We will keep you informed of the progress of any such review. If
you wish to request an internal review, you should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

Dear Ms Fraser,

Thanks for your helpful response. Could I just clarify whether there is a typographical error where you say

"The ICO's office did not express any concerns about the BBC's proposal."

ie. I assume this should say "IPO's office" rather than "ICO's office"?

Thanks.

Yours sincerely,

Ray Corrigan

Julia Fraser, Office of Communications

Yes, I'm sorry; you are correct and this was a typo.
Julia
________________________________________
From: Ray Corrigan [[FOI #74210 email]]
Sent: 29 July 2011 13:59
To: Julia Fraser
Subject: Re: Your Ofcom enquiry

Dear Ms Fraser,

Thanks for your helpful response. Could I just clarify whether
there is a typographical error where you say

"The ICO's office did not express any concerns about the BBC's
proposal."

ie. I assume this should say "IPO's office" rather than "ICO's
office"?

Thanks.

Yours sincerely,

Ray Corrigan

show quoted sections

Thank you.
Ray