Ofcom and the ITC announce appointment of independent ITV Adjudicator

Ofcom and the ITC have announced the appointment of David Connolly as the independent Adjudicator, responsible for ruling on disputes between the advertising community and the merged Carlton and Granada on the operation of the Contracts Rights Renewal remedy.
Connolly, 44, is the former Vice Chairman of Starcom Motive. Prior to joining Starcom Motive in 1999, he was Joint Media Director at Leo Burnett. A former Group Head at IDK Media (part of the CIA Group), he spent four years in sales roles with Scottish Television and was appointed Senior Negotiator in 1987. He began his career in magazine and newspaper advertising sales, including positions with IPC Business Press and the Daily Record.
The Adjudicator role is mandated under the undertakings given by Carlton and Granada to the Secretary of State for Trade and Industry, which is intended to protect the interests of the advertising community in dealing with the merged Carlton and Granada.
The Adjudicator will be based at Ofcom’s headquarters but will be entirely independent of both the regulator and all parties with an interest in the ITV advertising sales market. Ofcom will pay for the costs of the Adjudicator in the first instance and will be reimbursed by Carlton and Granada.
In examining a dispute the Adjudicator will have access to any information that he requires of Carlton and Granada relevant to the sale of advertising airtime. His decision will be final and binding on Carlton and Granada. Advertisers and media buyers will have a right of appeal to Ofcom under defined circumstances and thereafter to the courts if required.
Connolly said: “I believe the breadth and depth of those protections are likely to ensure that disagreements are few in number. However, when I am asked to intervene, I will do so quickly and on the basis of the detailed technical facts presented by each party.”
“This is an important and stimulating role and I welcome the opportunity.”
Potential candidates for the post were put forward by media buyers, advertisers, ISBA, the IPA and other broadcasters during meetings with the ITC and Ofcom. Additionally, ISBA and the IPA provided Ofcom and the ITC with significant input on the detailed practicalities of the role of the Adjudicator.
The appointment is effective from December 1 2003. One of the Adjudicator’s earliest tasks will be to attend an industry seminar on the CRR remedy, organised by Carlton and Granada in conjunction with the ITC and Ofcom. Further details of this industry seminar will follow within the next few days.
Separately, the ITC and Ofcom are currently analysing responses to their joint consultation on the Airtime Sales Rules governing the UK television advertising market. The regulators intend to publish their conclusions in early December.
Ofcom Chief Executive Stephen Carter said: “The CRR remedy offers the advertising community a comprehensive range of protections, with the right of recourse to the Adjudicator as a backstop.”
“An independent, informed and credible Adjudicator will be an important part of the new market structure.”
(GB)