OFCOM: A USER'S GUIDE

Congratulations on your purchase of Ofcom, a product offering many high-quality features and designed for years of trouble-free service! Please refer to this User's Manual.

Some assembly required: The Office of Communications, or “Ofcom,” is the U.K.'s new super-regulator for media and communications. Ofcom will replace five existing industry regulators: the Radiocommunications Agency, the Broadcasting Standards Commission, the Independent Television Commission, the Radio Authority and Oftel.

Care and maintenance: Ofcom is a corporation with board governance, not a bipartisan independent regulatory commission. Ofcom calls its approach “light touch” regulation. Its chief executive is former head of U.K. cable giant NTL Stephen Carter, a man known more for running businesses than regulating them.

Batteries not included: The British Broadcasting Corp., which controls approximately 50% of the radio market and almost 40% of the television market in the U.K., generally is not included under Ofcom's jurisdiction. Carter's leadership will be tested early on as he figures out how to deal with “the Beeb” and its special place in U.K. society. Ofcom also will generally not regulate press content or Internet content.

Some accessories sold separately: Ofcom is keen to “optimize” the U.K. market for radio spectrum and will make it a priority to ensure spectrum auctions and related secondary markets in spectrum. It is unknown whether Ofcom will promote commons-style use of spectrum, such as Wi-Fi systems.

Troubleshooting: Ofcom's statutory mandate is tension-filled and seeks to cover numerous, often conflicting interests. For example, the Communications Bill permits non-European Union firms to acquire U.K. broadcasting licenses. However, Ofcom must ensure that such foreign acquisitions do not diminish diversity.

Warranty: Ofcom must abide by, and otherwise implement, numerous EU directives and standards that seek to harmonize media and communications regulations across Europe. Ofcom also cannot guarantee that its actions will produce universally available, low-cost access to telecommunications products. And like any media regulator, Ofcom cannot ascertain what is quality media and does not warrant its ability to create market conditions that will harmonize clashing social values such as impartiality, diversity, nationalism and creativity.