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'(a) by satellite, or
(b) in the provision of a local delivery service (as defined by section 72(1) of the 1990 Act)'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 51 to 61 en bloc. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 51 to 61.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

62

Clause 35, page 29, line 29, at end insert--


'(4A) Before making an order under subsection (4) the Secretary of State shall consult such persons appearing to him to represent listeners as he thinks fit'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 62. In moving this amendment I should like to speak also to Amendments Nos. 63 to 70 inclusive, 81 to 84 inclusive and 89 to 93 inclusive and Amendments Nos. 135, 137, 275 and 291.

18 Jul 1996 : Column 1024

This group of amendments makes various largely technical adjustments to the provisions in the Bill covering digital radio. Again, with your Lordships' permission, rather than go into detail about each, I will be happy to provide any clarification in response to questions.

Moved, That the House do agree with the Commons in their Amendment No. 62.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

63

Clause 39, page 34, line 2, at end insert--


'(4A) References in subsection (4) to digital sound programme services of a particular character include references to digital sound programme services catering for the tastes and interests of persons living within a specified area or locality'.
64

Clause 42, page 37, line 4, leave out 'digital capacity of 256 kilobits per second' and insert 'an amount of digital capacity specified in the direction'.


65

Page 37, line 6, at end insert--


'(1A) Before giving a direction under subsection (1) in relation to any simulcast radio service, the Secretary of State shall consult the Authority as to the amount of digital capacity which the Authority consider appropriate in all the circumstances for the broadcasting of that service'.
66

Page 37, line 7, leave out 'this section' and insert 'subsection (1)'.


67

Page 37, line 16, leave out '256 kilobits per second' and insert 'the amount reserved under subsection (1)'.


68

Page 37, line 34, after 'service' insert 'and in broadcasting the simulcast radio service in question'.


69

Clause 43, page 37, line 41, after 'and' insert 'every'.


70

Page 37, leave out lines 45 and 46 and insert--


'(2) The circumstances to which the Authority may have regard in performing their duty under subsection (1) include the likely demand for digital capacity by persons providing or proposing to provide local digital sound programme services'.
71

Clause 45, page 40, line 32, after 'services' insert 'or digital additional services'.


72

Clause 47, page 41, line 39, at end insert 'a specified financial penalty not exceeding'.


73

Page 41, line 40, leave out 'a financial penalty of'.


74

Page 41, line 42, leave out 'a financial penalty of'.


75

Clause 48, page 42, line 20, after 'timetable' insert 'and other proposals'.


76

Page 42, line 36, after 'services' insert or 'digital additional services'.


77

Page 42, line 47, after 'broadcasts' insert 'or for the purpose of securing compliance with any other condition of the licence'.


78

Page 43, line 8, leave out 'or simulcast radio services' and insert ', simulcast radio services, programme-related services or relevant technical services.


(1A) In paragraph (1)(h)--
(a) "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 digital sound programme services, simulcast radio services or local or national services (within the meaning of Part I of the 1990 Act) and are directly related to the contents of those programmes, or

18 Jul 1996 : Column 1025


(ii) relate to the promotion or listing of such programmes, and
(b) "relevant technical service" means any technical service which relates to one or more digital sound programme services.'.
79

Clause 52, page 48, line 18, 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 radio broadcasting) and to any representations received by him on consultation under subsection (4) of that section.'.


80

Page 49, line 11, leave out from 'plan' to end of line 12 and insert 'and supplementary proposals submitted under subsection (4)(a)'.


81

Clause 53, page 50, line 13, leave out subsection (7).


82

Clause 54, page 51, line 19, after '90' insert 'of the 1990 Act'.


83

Page 51, line 20, leave out 'subsection (3)' and insert 'subsections (3) and (4)'.


84

Page 51, line 28, at end insert--


'(4) In applying subsection (3)(a) to a national digital sound programme service a series of programmes may be considered as a whole; and in applying subsection (3)(b) to a local digital sound programme service the programmes included in that service shall be taken as a whole.'.
85

Clause 56, page 53, line 9, at end insert--


'(4A) Where, in the case of any national radio multiplex service, the first accounting period of the holder of the national radio multiplex licence throughout which the holder of the digital sound programme licence provides a digital sound programme service for broadcasting by means of the radio multiplex service ("the first period") has not yet ended, then for the purposes of subsection (3) the share of multiplex revenue attributable to the holder of the digital sound programme licence in relation to that radio multiplex service for the relevant accounting period shall be taken to be the amount which the Authority estimate to be the share of multiplex revenue attributable to him for the first period.'.
86

Clause 57, page 54, leave out line 6 and insert 'an ancillary service or a technical service'.


87

Page 54, leave out lines 7 to 13 and insert--


'(2) In this Part "ancillary service" means any service which is provided by the holder of a digital sound programme licence or by an independent national broadcaster and consists in the provision of any service (other than advertising) which--
(a) is ancillary to programmes included in a digital sound programme service or simulcast radio service provided by him and is directly related to their contents, or
(b) relates to the promotion or listing of such programmes.'.
88

Page 54, line 13, at end insert--


'(3) In this Part "technical service" means a service which--
(a) is provided for technical purposes connected with the encryption or decryption of one or more digital sound programme services or digital additional services, and
(b) is of a description specified in an order made by the Secretary of State.
(4) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
89

Clause 59, page 54, line 39, leave out 'and'.

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90

Page 54, line 40, at end insert 'and


(iii) where under the agreement the holder of the digital additional services licence will be entitled to the use of a specified amount of digital capacity, of that amount,'.
91

Page 54, line 41, leave out 'either' and insert 'any'.


92

Page 54, line 42, leave out 'or (ii)' and insert ', (ii) or (iii)'.


93

Clause 60, page 55, line 16, leave out 'on any person'.


94

Page 55, line 36, at end insert--


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