British Broadcasting Corporation Room BC2 B6 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Policy & Compliance
bbc.co.uk/foi
bbc.co.uk/privacy
26th March 2013
Request for Information – RFI20130281
Thank you for your request of 16th February 2013 under the Freedom of Information Act 2000 (‘the Act’)
seeking the following information:
“if the BBC is guiding lawfully unlicensed people to use TV equipment to receive Freeview Radio,
how does this guidance affect the work of TVL doorstep staff?
In what way(s) can legitimate use (for radio reception) be differentiated from evasion (during
examination & test of equipment) if there is no difference in configuration?”
Please note that “TV Licensing” is a trade mark used by companies contracted by the BBC to administer
the collection of television licence fees and enforcement of the television licensing system. The majority of
the administration of TV Licensing is contracted to Capita Business Services Ltd (‘Capita’). Over-the counter
services are provided by PayPoint plc (‘PayPoint’) in the UK, and by the Post Office in the Isle of Man and
Channel Islands. Marketing and printing services are contracted to Proximity London Ltd. Media services
are contracted to Mediaedge:CIA International Limited ("MEC"). The BBC is a public authority in respect of
its television licensing functions and retains overall responsibility.
I can confirm under section 1(1) of the Act that we hold information relevant to your request. However, I
am withholding it because I consider that the information we hold is exempt from disclosure under section
31(1)(a), b), (d) and (g) and 2(a) of the Freedom of Information Act, i.e. that disclosure would, or would be
likely to, prejudice the prevention or detection of crime, the collection of the licence fee and the BBC’s
ability to discharge its public functions in respect of such matters. This is because it would provide
information of use to those seeking to evade and/or assist others in evading paying the licence fee.
I am satisfied in terms of section 2(2) of the Act that in all the circumstances of the case, the public interest
in maintaining the exemption outweighs the public interest in disclosing the information. I have considered
the public interest test in the section on ‘why information has been withheld’ below.
Why information has been withheld
I am required under section 2(2) of the Act to assess whether the public interest in maintaining the
exemption outweighs the public interest in disclosing the information.
The following factors are in favour of disclosure:
1.
Ensuring that the licensing authority is exercising its functions appropriately and proportionately;
and
2.
Ensuring that public funds are being appropriately applied, that is:
a.
ensuring that the TV Licensing system is being efficiently run; and
b.
ensuring that value for money is being obtained.
I consider that the above public interest factors in favour of disclosure are served by the following:
1.
The BBC is required to satisfy the National Audit Office ('NAO') as to the value for money of the
collection and enforcement arrangements and is accountable for the economy, efficiency and
effectiveness of such arrangements. NAO's most recent audit is published on the NAO website at
www.nao.org.uk.
2.
The BBC has reduced the cost of collection from 6.2% of the total licence fee collected in 1991/2,
when it took over this responsibility from the Home Office, to 3.4% for the financial year 11/12.
This demonstrates that the TV Licensing system is being efficiently run. This and further related
information is available in the BBC’s annual report (se
e www.bbc.co.uk) and the
TV Licensing
Annual Review (www.tvlicensing.co.uk/about/our-performance-AB6/).
In addition, the following factors are in favour of withholding the information:
1. The BBC has a duty to enforce the television licensing system and it is essential that evasion is kept
to a minimum.
2. Part of keeping evasion to a minimum is maintaining uncertainty as to TV Licensing’s enforcement
practices. This uncertainty contributes to the deterrent effect which is an important part of TV
Licensing’s enforcement strategy.
3. Without an effective deterrent to licence fee evasion, evasion would invariably increase. This
would be to the detriment of the honest majority of people who are properly licensed and to the
overall amount of revenue available to the BBC.
4. An increase in the rate of licence fee evasion would lead to an increase in enforcement costs and
may lead to more prosecutions.
5. An increase in enforcement costs would lead to a decrease in the available funds to be put towards
producing the BBC’s content.
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In this instance, the public interest is served by maintaining an effective deterrent to licence fee evasion
and thus in turn protecting the BBC’s revenue stream and keeping prosecutions to a minimum.
There is hence a greater public interest in ensuring the effective collection of the licence fee than in
disclosing the information you have sought. I am therefore satisfied, in terms of section 2 of the Act, that in
all the circumstances of the case, the public interest in maintaining the exemption outweighs the public
interest (outlined above) in disclosing the information.
Appeal Rights
If you are not satisfied that the BBC has complied with the Act in responding to your request you have the
right to an internal review by a BBC senior manager or legal adviser. Please contact us at the address above,
explaining what you would like us to review under the Act and including your reference number. If you are
not satisfied with the internal review, you can appeal to the Information Commissioner. The contact details
are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF,
telephone 01625 545 700 or see
http://www.ico.gov.uk/. Kind regards
Rupinder Panesar
Freedom of Information Advisor, TV Licensing Management Team
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