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15

Page 9, line 33, leave out from beginning to 'to' and insert 'in section 8(2), the reference in paragraph (d)'.


16

Page 9, line 35, at end insert 'and other references to the proposed service shall have effect as references either to each of the proposed services or to all of them considered together, as the Commission consider appropriate'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 14 to 16 en bloc. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 14 to 16.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

17

After Clause 9, insert the following new clause--

Award of multiplex licence subject to conditions

'.--(1) The Commission may, when awarding a multiplex licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to--
(a) any duties which are or may be imposed on them, or on the licence holder, by or under the 1990 Act or this Act, and
(b) any information provided to them under section 7(4)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force.
(2) Where the Commission determine that any condition imposed by them in relation to a multiplex licence in pursuance of subsection (1) has not been satisfied, section 8 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it.

18 Jul 1996 : Column 1012


(3) Section 8 shall not so have effect if the Commission decide that it would be desirable to publish a fresh notice under section 7(1) in respect of the grant of the licence.'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 17. I wish to speak also to Amendment No. 131. These amendments will enable the ITC to set financial conditions on the granting of the licence at the time the licence is awarded. If the potential licensee fails to meet these conditions, the commission can then cancel the award of the licence and simply proceed to the next applicant. This will give the commission greater flexibility in the licensing process for both analogue and digital services and will prevent needless rerunning of licence competitions if the potential licensee fails to deliver what he promised in his application before the licence is even granted.

Moved, That the House do agree with the Commons in their Amendment No. 17.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

18

Clause 10, page 10, line 19, leave out 'financial penalty' and insert 'specified financial penalty not exceeding whichever is the greater'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18. I wish to speak also to Amendments Nos. 36, 42, 72, 73, 74, 85, 94 and 96. These amendments fulfil a commitment made during Commons Committee. Amendment No. 18 allows the ITC discretion to levy a fine of less than £50,000 or the specified percentage of qualifying revenue, whichever is the greater, when it revokes a multiplex licence because the multiplex provider has failed to begin providing the service. Amendments Nos. 72 to 74 make the same arrangements with regard to radio multiplexes.

Amendments Nos. 36, 42, 85 and 94 allow the regulators, when determining a fine, to estimate the share of multiplex revenue which should be attributable to a particular service which has not been broadcasting for very long.

Amendment No. 96 corrects an earlier drafting error which omitted the fine for breach of local radio multiplex licence conditions from the list of fines which could be amended by order.

Moved, That the House do agree with the Commons in their Amendment No. 18.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

19

Clause 11, page 10, line 41, after 'timetable' insert 'and other proposals'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 19. I wish to speak also to Amendments Nos. 27, 75 and 80.

18 Jul 1996 : Column 1013

Amendment No. 19 has been made at the behest of the ITC. It allows it to include whatever aspects of a multiplex provider's technical plan it sees fit in the multiplex licence. Amendment No. 75 makes the same adjustment to the provisions covering radio multiplexes.

Clause 15(11) as presently drafted refers, incorrectly, to supplementary proposals submitted under subsection (4)(b). The correct reference is to subsection (4)(a). Amendment No. 27 corrects the error, and Amendment No. 80 does the same for radio.

Moved, That the House do agree with the Commons in their Amendment No. 19.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

20

Clause 11, page 11, line 4, after 'services' insert 'or digital additional services'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No.20. I wish to speak also to Amendments Nos. 21, 43, 44 to 46, 53, 71, 76, 77, 267, 273, 276, 277, 279, 281, 283 to 287, and 296.

These amendments make a number of technical adjustments to the arrangements for digital broadcasting, together with some consequential amendments to do with the creation of the Broadcasting Standards Commission. Rather than go into detail about each, I should be pleased to clarify any points which noble Lords might wish to raise with me.

Moved, That the House do agree with the Commons in their Amendment No. 20.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

21

Clause 11, page 11, line 15, after 'broadcasts' insert 'or for the purpose of securing compliance with any other condition of the licence'.


22

Page 11, line 23, leave out 'or qualifying services' and insert 'qualifying services, programme-related services or relevant technical services'.


23

Page 11, line 34, after '(1)(j)' insert--


'(a)''.
24

Page 11, line 34, leave out from 'the' to end of line 35 and insert 'qualifying teletext service'.


25

Page 11, line 35, at end insert--


'(b) "programme-related service" means any digital additional service consisting in the provision of services (apart from advertising) which--
(i) are ancillary to the programmes included in one or more television programme services (within the meaning of Part I of the 1990 Act) and are directly related to the contents of those programmes, or
(ii) relate to the promotion or listing of such programmes, and
(c) "relevant technical service" means any technical service which relates to one or more digital programme services.'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 21 to 25 en bloc. I spoke to these with Amendments Nos. 1, 4 and 20.

18 Jul 1996 : Column 1014

Moved, That the House do agree with the Commons in their Amendments Nos. 21 to 25.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

26

Clause 15, page 16, line 21, at end insert 'and in deciding whether to give his consent the Secretary of State shall have regard to any report made to him under subsection (1)(b) of section (Review of digital television broadcasting) and to any representations received by him on consultation under subsection (4) of that section.'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 26. I wish to speak also to Amendments Nos. 51, 79 and 95.

These amendments fulfil a commitment I made in this House to place, on the face of the Bill, the arrangements for reviewing the prospects for analogue switch-off.

The effect is that the Secretary of State is under a duty to keep under review the progress of digital television broadcasting and so the prospects for switching off the analogue services. This hinges crucially on whether the existing terrestrial services--BBC1, BBC2, Channel 3, Channel 4, S4C and, soon, Channel 5--are available to viewers throughout the United Kingdom. We cannot switch off analogue services if the vast majority of people have not already switched to digital reception and similar arrangements are put in place for radio.

Moved, That the House do agree with the Commons in their Amendment No. 26.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

27

Clause 15, page 17, line 13, leave out from 'plan' to end of line 14 and insert 'and supplementary proposals submitted under subsection (4)(a)'.


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