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'Further restrictions on holding of licences of different descriptions

11A.--(1) No one person may at any time hold--
(a) a licence to provide a national Channel 3 service or Channel 5, and
(b) a licence to provide a national radio service.
(2) No one person may at any time hold--
(a) a licence to provide a local radio service or local digital sound programme services, and
(b) a licence to provide a regional Channel 3 service whose coverage area is to a significant extent the same as that of the local radio service or of any local digital sound programme service provided by him.'.
216

Page 100, line 4, leave out '1(2)(b)' and insert '1(2)(aa),(b)'.


217

Page 100, line 12, leave out '(g)'and insert '(aa)'.


218

Page 100, line 12, leave out from '1(3)(a)' to the second 'or' in line 13 and insert ',(b) or (g)'.


219

Page 100, line 15, leave out '11' and insert '11A'.


220

Page 100, leave out lines 31 to 35.


221

Page 100, line 46, leave out 'sub-paragraphs (4) and (5)' and insert 'subparagraph (5)'.


222

Page 101, line 8, at beginning insert 'Subject to sub-paragraph (1A)'.


223

Page 101, line 9, leave out '11' and insert '11A'.


224

Page 101, line 10, after 'paragraph' insert '10B or'.


225

Page 101, line 13, leave out 'who is'.


226

Page 101, line 13, leave out from 'him' to end of line 14.


227

Page 101, line 14, at end insert--


'(1A) For the purposes of paragraph 10A and any order under paragraph 10B, a person shall not be treated as holding a licence to provide a local radio service merely because he is a director of a body corporate which holds the licence.
(1B) Any provision of paragraphs 2 to 11 which refers to a person's participation in a body corporate shall have effect as if he and every person connected with him were one person.'.
228

Page 101, line 15, leave out from beginning to end of line 37 on page 102.


229

Page 102, leave out lines 38 to 43.

Lord Inglewood: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 213 to 229 en bloc. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 213 to 229.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

230

Schedule 2, page 104, leave out lines 1 to 10.

Lord Inglewood: My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 230. I should also like to speak to Commons Amendments Nos. 231 to 240 and Commons Amendment No. 254. These amendments all relate to rules relating to the relationship between newspapers and broadcast licences.

18 Jul 1996 : Column 1049

Amendments Nos. 230 and 231 are minor modifications of the drafting of paragraph 3 of Part IV to Schedule 2.

Amendments Nos. 232 to 237 and Amendment No. 240 effect the Government's revised policy for limiting participation in broadcasters by newspaper companies, which relies on the attribution of half the audience share of a service to minority participants having more than a 20 per cent. interest in a licence.

Amendment No. 240 allows local newspaper groups with 50 per cent. or more of local newspaper circulation to apply to control a local radio licence, provided there is at least one other commercial local radio licence serving the same area and subject to the public interest test.

Amendments Nos. 238 and 239 relax media ownership restrictions in the light of the new regulatory system introduced by the Bill as amended, by removing the prohibition on national newspaper companies with a market share of 20 per cent. or more controlling digital programme service licences for radio.

Amendment No. 254 empowers the Secretary of State to make an order restricting cross-ownership of restricted service television licences and newspaper companies.

Moved, That the House do agree with the Commons in their Amendment No. 230.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

231

Schedule 2, page 104, line 10, at end insert--


'( ) For the purposes of this Part of this Schedule a person runs a national or local newspaper if--
(a) he is the proprietor of the newspaper, or
(b) he controls a body which is the proprietor of the newspaper.'.
232

Page 104, line 12, at end insert--

'Restrictions on common control etc.

3A.--(1) No person who runs a national newspaper which for the time being has, or national newspapers which for the time being together have, a national market share of 20 per cent. or more may hold a licence to provide--
(a) a regional or national Channel 3 service or Channel 5, or
(b) a national or local radio service.
(2) A licence to provide a regional Channel 3 service may not be held by a person who runs a local newspaper which for the time being has, or local newspapers which for the time being together have, a local market share of 20 per cent. or more in the coverage area of the service.
(3) A licence to provide digital programme services may not be held by a person who runs a local newspaper which for the time being has, or local newspapers which for the time being together have, a local market share of 20 per cent. or more in the coverage area of any digital programme service provided under the licence.
(4) For the purposes of this paragraph a person shall be treated as holding a licence if the licence is held by a person connected with him.'.

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233

Page 104, line 13, leave out from beginning to 'No' in line 14 on page 105 and insert--

'Restrictions on participation

'5.--(1) No proprietor of a national newspaper which for the time being has, or of national newspapers which for the time being together have, a national market share of 20 per cent. or more shall be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide any of the services specified in sub-paragraph (4).
(1A) '.
234

Page 105, leave out lines 15 to 17 and insert 'any of the services specified in sub-paragraph (4)'.


235

Page 105, leave out lines 28 to 39.


236

Page 105, line 40, leave out '(2) and (3)(b)' and insert '(1), (1A) and (2)'.


237

Page 105, line 41, after 'a' insert 'regional or national'.


238

Page 105, line 41, at end insert 'and'.


239

Page 105, line 42, leave out from 'services' to end of line 43.


240

Page 105, line 44, leave out from beginning to end of line 5 on page 108 and insert--


'(4A) The Secretary of State may by order amend sub-paragraph (1), (1A) or (2) by substituting a different percentage interest in a body corporate for the percentage for the time being specified there.
(4B) Any restriction imposed by this paragraph on participation in a body corporate which is the holder of a particular kind of licence shall apply equally to participation in a body corporate which controls the holder of such a licence.
(4C) Any restriction on participation imposed by this paragraph--
(a) on the proprietor of any newspaper, or
(b) on the holder of any licence,
shall apply as if he and every person connected with him were one person.

Holding of local radio licence by person running local newspapers with at least 50 per cent local market share

5A.--(1) A licence to provide a local radio service may not be held by a person who runs a local newspaper which has, or local newspapers which for the time being together have, a local market share of 50 per cent. or more in the coverage area of the service unless--
(a) the service in question shares a potential audience with another local radio service, but
(b) he does not hold any other licence to provide a local radio service whose coverage area is to any extent the same as the coverage area of the service in question.
(2) The reference in sub-paragraph (1) to sharing a potential audience shall be construed in accordance with paragraph 10A(5) in Part III of this Schedule.
(3) For the purposes of this paragraph a person shall be treated as holding a licence if the licence is held by a person connected with him.'.

Lord Inglewood: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 231 to 240. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 231 to 240.--(Lord Inglewood.)

On Question, Motion agreed to.

18 Jul 1996 : Column 1051


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