Clause 147 - General functions of OFCOM in relation to radio spectrum
Communications Bill
8:55 am
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
Given that this is the first clause in the part of the Bill that deals with spectrum use, it might be appropriate to say a few words about the main issue that we will address. Clause 147 is obviously the prime underlying clause that will determine all Ofcom's activities when it comes to exercise its responsibilities for the management of spectrum.
I cannot resist the temptation to quote from the report of the Joint Committee on the Bill, which, on examining these provisions, said:
''We have found these some of the most difficult provisions to examine for several reasons. First, the provisions seek to give effect not only to policy proposals in the White Paper and requirements of the EC Directives but also to some proposals in the independent review of radio spectrum management issued by Professor Martin Cave . . . but we have had to conduct our inquiry in ignorance of the Government's response to that review.''
Of course, since the Joint Committee conducted its inquiry, the Government have published a response to Professor Martin Cave. However, the Vote Office denies the existence of that response, and although the Library accepts that it exists, I was told that the cupboard that contained it was locked, and when the cupboard was at last opened, it was discovered that the relevant document had been removed. I am therefore not much better off than the Joint Committee when it comes to taking account of the Government's response, although I think that the Bill itself constitutes a response.
The Joint Committee report went on:
''Second, the provisions on spectrum use and management are an exemplar of the wider problem of a Bill that proceeds by amending earlier Acts, requiring those seeking to understand the provisions to navigate through a thicket of previous enactments.''
Thirdly, and finally on that subject, it says that
''spectrum management depends for its success on a number of technical considerations relating, for example, to interference management on which we do not purport to have any expertise.''
I probably speak for a number of Opposition Members when I say amen to that. The Joint
Committee is essentially saying that the provisions that we are discussing are very complicated. None the less, we will do our best, because they are terribly important.
In many ways, everything that Ofcom will do results from the fact that there are limits on the amount of spectrum available. That is justification for intervention and regulation by Government, for television companies being subject to restrictions on ownership and content, and for the management of telecommunications. Almost everything that the Bill covers flows from the fact that that spectrum is limited and that there is, therefore, a need for the state to intervene and control how it is used.
I cannot resist telling the Committee that it was in Chelmsford, which I have the great pleasure to represent, that the first radio broadcast was made by Guglielmo Marconi in 1920. The Marconi name is important in Chelmsford, although it has had its ups and downs in recent times. Nevertheless, we are proud of the fact that Chelmsford is the birthplace of British broadcasting. That first radio broadcast was made on 15 June 1920, and was of a concert by Dame Nellie Melba.
In those days, the issue of spectrum scarcity did not arise. There was a huge amount of spectrum that nobody was doing anything with until Nellie Melba was broadcast across the airwaves—there was no shortage of the stuff. However, in the past 80 or so years, ever more uses have been found for spectrum. That has led to steadily growing congestion and to debate on the best use of spectrum and the allocation of frequencies for different purposes.