Digital terrestrial television (DTT) services, including services branded as “Freeview” are transmitted on DTT multiplexes.
There are currently six DTT multiplexes (labelled as 1, 2, A, B, C and D) each carrying a range of television and other services. These multiplexes are licensed by Ofcom under the Broadcasting Act 1996 or, in the case of multiplex 1, operated by the BBC under their Royal Charter and Agreement with the Secretary of State for Culture, Media and Sport. The multiplexes licensed by Ofcom are subject to a ‘data limit’ - in essence no more than 10% can be used for non-TV services.
The basis of the data limit is set out in Section 12 of the Broadcasting Act 1996, as amended by section 242 of the Communications Act 2003. These provisions in the legislation empower Ofcom to set a tighter limit; but its relaxation is reserved to the Secretary of State. Their purpose is to ensure that DTT multiplexes are used mostly for television, and are not taken over by data distribution or other communications services. Parliament saw this as an important principle, and one that also applies (though with different limits and definitions) to digital radio multiplexes.
In June 2006, Ofcom consulted on draft guidance on how this data limit should be interpreted. There were ten responses to the consultation. The seven non-confidential ones are listed in Annex A. This document sets out the conclusions of that consultation and includes Ofcom’s final guidance on this issue.
Ofcom asked three questions in the consultation:
- Question 1: Do you agree that it is appropriate for Ofcom to issue guidance about the data limit on DTT multiplexes?
- Question 2: Do you agree with Ofcom’s proposed guidance on these issues?
- Question 3: Are there any other issues relating to the data limit on DTT multiplexes which Ofcom should give guidance on?
The responses to these, and other significant comments raised by respondents, are set out in section 2 along with Ofcom’s response to those comments.