Committee moves into private sessionpublished at 11:04 Greenwich Mean Time 23 February 2017
Committee convener Joan McAlpine thanks the witnesses and moves the committee into private session.
We'll be back at 11:40 with general questions.
The Culture Committee takes evidence from BBC director-general Tony Hall following his announcement of a new TV channel for BBC Scotland
The Edinburgh Cancer Centre, Islamphobia and the Scottish Growth Scheme are all raised during general questions
Nicola Sturgeon is quizzed by opposition MSPs during first minister's questions
Labour MSP Lewis Macdonald leads this afternoon's member's debate on co-investment in the UK oil and gas sector
MSPs pass the Budget (Scotland) Bill, with 68 MSPs backing it and with 57 against
Craig Hutchison and Colin Bell
Committee convener Joan McAlpine thanks the witnesses and moves the committee into private session.
We'll be back at 11:40 with general questions.
SNP MSP Joan McAlpine says people pay a licence fee and some won't be able to access services online.
Kevin Bakhurst says Ofcom is looking at varioius tools and pressures that can be put on organisations and government to speed up the roll out of broadband.
Glenn Preston from Ofcom says it was helpful to hear the BBC saying they will look at this.
Ofcom director for Scotland Glenn Preston says Ofcom absolutely recognise the challenges with rolling out fibre broadband in rural areas.
Mr Preston says Ofcom's annual plan will look at improving competition for supplying fibre broadband.
Lib Dem MSP Tavish Scott asks Mr Preston to look into why there are organisations currently willing to supply this but being told they can't.
Mr Preston says he will look into this and write to the committee.
SNP MSP Richard Lochhead says nowadays someone can set up their own news channel and he asks whether the regulatory framework is keeping up to date with technological changes.
Mr Bakhurst says Ofcom licences 2,000 channels in the UK and "it is always a challenge".
He says: "If it looks like a TV channel then it needs to be licensed by Ofcom."
SNP MSP Stuart McMillan asks about the complaints process and how it will be investigated.
Kevin Bakhurst from Ofcom says the complaint comes in and the team investigate it.
He says the first question would be whether there is a complaint to answer and sometimes that may require a discussion with the complainant.
He says an initial ruling is normally made which allows people the opportunity to comment on it.
The BBC must determine performance measures and targets, when appropriate, in order to assess the performance of its Public Services in fulfilling its Mission and promoting the Public Purposes.
In addition, Ofcom may also determine performance measures for the BBC and at least once a year both the BBC and Ofcom will report on performance against those measures.
Kevin Bakhurst says Ofcom has been recruiting extra people to deal with complaints about BBC Scotland and he is confident there is capacity to deal with complaints, but further staff could be hired.
Kevin Bakhurst from Ofcom says there will be a public interest test on the new channel and it will probably be the first one Ofcom does.
Mr Bakhurst says Ofcom will weigh up the public service involved and one of the organisations
He says in terms of Ofcom's remit this is a positive step.
Committee convener Joan McAlpine asks how will Ofcom report back on the BBC.
Kevin Bakhurst from Ofcom says there will be an annual report every year and an important part of that will be on how the BBC is representing the nations.
Mr Bakhurst says there could be specific areas of work if there are concerns about the BBC representing the nations.
Mr Macdonald asks if a "made outside of Glasgow" will be part of the consideration of Ofcom.
Kevin Bakhurst from Ofcom says that will be looked at.
Mr Bakhurst says the BBC must be able to run its own affairs and Ofcom will be addressing failures rather than being prescriptive.
He says Ofcom will be checking that the BBC is representing the diverse nations and regions of the UK.
Labour MSP Lewis Macdonald asks if Ofcom's role in regulating BBC ALBA will change.
Mr Bakhurst says it shouldn't change.
Labour MSP Lewis Macdonald asks if Ofcom will seek to develop new criteria on commissioning judgement.
Kevin Bakhurst from Ofcom says a review of the framework would require a public consultation and views would have to be invited from a range of programme makers.
Mr Bakhurst says an advantage of Ofcom taking over regulation of the BBC is that it is already a broadcast regulator.
Committee convener Joan McAlpine asks if the requirements to address lift and shift will be toughened up.
Kevin Bakhurst from Ofcom says the simple answer to that is yes.
Ofcom , externalwill take on a new role as the external regulator of the BBC.
Ofcom’s current power to regulate some aspects of the BBC is set out in Section 198 of the Communications Act 2003.
Provisions in the Digital Economy Bill, currently in the House of Lords, will amend Section 198, so that Ofcom can regulate all of the BBC’s activities.
The amendments to Ofcom’s powers in relation to the BBC will come into force on the date of Royal Assent.
The detail of what functions Ofcom will be required to carry out as regulator are set out in the Charter and the Agreement.
Kevin Bakhurst says Ofcom are looking at the BBC's past performance in terms of the charter and representing diverse audiences.
Mr Bakhurst says there are performance indicators and other tools such as an ad-hoc review system that can be used if there are any concerns.
Mr Bakhurst says Ofcom's Scotland team will engage more with the Scottish Parliament.
He says this will support the growth of Scotland's creative industries.
Ofcom director for Scotland, Glenn Preston, says Ofcom is growing in Scotland.
He says there is now 24 staff members in Edinburgh and there was five before the changes.
Kevin Bakhurst from Ofcom says, in December, a document was published outlining the organisation's new responsibilities.
Mr Bakhurst says Ofcom's role is to set regulatory requirements that the BBC must meet.
The Culture Committee will now take evidence from Ofcom.
The committee will hear from:
Lord Hall of Birkenhead said there is now a channel to do exciting things on.
The BBC director-general says there is now an even bigger palate to do programming and to get as many programmes from Scotland on to the network as possible.
Committee convener Joan McAlpine asks if there have been discussions about the operating network with Ofcom.
Lord Hall says the conversation is underway.
He goes on to say there is no unwillingness to push for more of the licence fee raised in Scotland to be spent in Scotland, but 100% would affect the unity of the BBC.
That concludes the first evidence session on the BBC.
Lord Hall says an 11 year charter gives the BBC confidence to say it is going to exist for that period of time and should give it confidence in commissioning.
"I want to break new ground," he says.
Donalda MacKinnon says BBC's The Social on social media is one of the most innovative models which currently exists on the BBC.
Ms MacKinnon says that, although it is short form, it is highly creative and diverse and she urges the committee to look at it.
Lord Hall says "I am so impressed" by The Social, and asks if the committee has seen the recent addition of Yoga in Kilts.