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COMMONS AMENDMENT

134

After Clause 74, insert the following new clause--

Certain delivery services to carry certain broadcasts

'.--(1) After section 78 of the 1990 Act there is inserted--
"Inclusion of certain services in local delivery service provided by digital means.

78A.--(1) Where the Commission are satisfied, in the case of a local delivery service by means of which one or more of the services specified in section 72(2) is delivered in digital form, that it would be appropriate, having regard to the extent of the use and proposed use of digital technology

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in the provision of the service, for the service to be treated as a digital local delivery service for the purposes of this section, they shall serve a notice to that effect on the holder of the licence to provide the service.
(2) The Commission shall do all that they can to secure that, subject to subsection (3) and to any exceptions for which the Secretary of State, after consultation with the Commission, the BBC and the Welsh Authority, may by order provide, every digital local delivery service provided by any person in any area includes, by the reception and immediate re-transmission of the broadcasts--
(a) the programmes included in each relevant service, and
(b) if the area for which the local delivery service is provided falls wholly or partly in Wales, the programmes included in the appropriate Welsh service.
(3) The Commission may exempt any digital local delivery service from the requirement to include any service ("the broadcast service") if it appears to the Commission that, at the place where the holder of the licence to provide the local delivery service receives or would receive the broadcast service, the broadcast service is not capable of being received at a level satisfying such technical standards as the Commission may from time to time determine.
(4) Where a relevant service provided for reception in an area for which a digital local delivery service is provided consists in the broadcasting for simultaneous reception of programmes contained in two or more programme schedules, then, so far as relating to that relevant service, the duty in subsection (2) shall be subject to the limitation in whichever of subsections (5) and (6) is appropriate.
(5) Where the programmes contained in one of the programme schedules are broadcast for reception in a greater part of the area than the programmes contained in the other schedule or any of the other schedules, the duty in subsection (2) so far as so relating shall extend only to the programmes contained in the first-mentioned schedule.
(6) Where subsection (5) does not apply, the duty in subsection (2) so far as so relating shall extend only to the programmes contained in such one of the programme schedules as the relevant broadcasting body may determine.
(7) For the purposes of this section Channel 3 shall be taken to be a single service consisting in the broadcasting for simultaneous reception of programmes contained in several programme schedules.
(8) Each broadcaster shall provide any person providing a digital local delivery service with such assistance as he may reasonably require in relation to the technical arrangements for the re-transmission in pursuance of this section of the broadcasts of that broadcaster.
(9) In this section--
"the appropriate Welsh service" means the service referred to in section 57(1A)(a) or, if no such service is being broadcast, S4C;
"broadcaster" means the Welsh Authority or any person providing a relevant service;
"digital local delivery service" means any local delivery service in respect of which the Commission have given a notice under subsection (1);
"the relevant broadcasting body" means--
(a) in relation to any service provided by the BBC, the BBC, and
(b) in relation to any service licensed by the Commission, the Commission;
"relevant service" means any of the following services--
(a) Channel 3, Channel 4 and Channel 5,
(b) the teletext service referred to in section 49(2), and

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(c) the television broadcasting services and teletext service provided by the BBC.
(10) Expressions used in subsections (7) and (9) and in Part I of this Act have the same meaning in those provisions as in that Part.
(11) An order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament."
(2) In Part III of Schedule 12 to the 1990 Act (transitional provisions relating to existing cable services), for paragraph 4 there is substituted--
"4.--(1) The Commission shall do all that they can to secure that, subject to sub-paragraph (2) and to any exceptions for which the Secretary of State, after consultation with the Commission, the BBC and the Welsh Authority, may by order provide, every diffusion service provided by any person in any area under a relevant licence includes, by the reception and immediate re-transmission of the broadcasts, the programmes included in each relevant service provided for reception in that area.
(2) The Commission may exempt any diffusion service from the requirement to include any relevant service if it appears to the Commission that, at the place where the holder of the licence to provide the diffusion service receives or would receive the relevant service, the relevant service is not capable of being received at a level satisfying such technical standards as the Commission may from time to time determine.
(3) Where a relevant service provided for reception in an area for which a diffusion service is provided consists in the broadcasting for simultaneous reception of programmes contained in two or more programme schedules, then, so far as relating to that relevant service, the duty in sub-paragraph (1) shall be subject to the limitation in whichever of sub-paragraphs (4) and (5) is appropriate.
(4) Where the programmes contained in one of the programme schedules are broadcast for reception in a greater part of the area than the programmes contained in the other schedule or any of the other schedules, the duty in sub-paragraph (1) so far as so relating shall extend only to the programmes contained in the first-mentioned schedule.
(5) Where sub-paragraph (4) does not apply, the duty in sub-paragraph (1) so far as so relating shall extend only to the programmes contained in such one of the programme schedules as the relevant broadcasting body may determine.
(6) For the purposes of this paragraph Channel 3 shall be taken to be a single service consisting in the broadcasting for simultaneous reception of programmes contained in several programme schedules.
(7) Each person providing a relevant service ("the broadcaster") shall provide any person providing a diffusion service with such assistance as he may reasonably require in relation to the technical arrangements for the re-transmission in pursuance of this paragraph of the broadcasts of that broadcaster.
(8) In this paragraph--
"the relevant broadcasting body" means--
(a) in relation to any service provided by the BBC, the BBC, and
(b) in relation to any service licensed by the Commission, the Commission;
"relevant service" means any of the following services--
(a) Channel 3, Channel 4 and S4C,
(b) the teletext service referred to in section 49(2) of this Act, and
(c) the two television broadcasting services provided by the BBC on the passing of the Broadcasting Act 1996 and the teletext service provided by the BBC at that time.

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(9) Expressions used in sub-paragraphs (6) and (8) and in Part I of this Act have the same meaning in those sub-paragraphs as in that Part.
(10) An order under sub-paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4A.--(1) Where the Commission are satisfied, in the case of any diffusion service which is provided under a relevant licence and by means of which one or more of the services specified in section 72(2) of this Act is delivered in digital form, that it would be appropriate, having regard to the extent of the use and proposed use of digital technology in the provision of the service, for the service to be treated as a digital diffusion service for the purposes of this paragraph, they shall serve a notice to that effect on the holder of the licence to provide the service; and in this paragraph "digital diffusion service" means a diffusion service in respect of which such a notice has been served.
(2) Subsections (2) to (8) of section 78A of this Act shall have effect in relation to a digital diffusion service as they have effect in relation to a digital local delivery service (within the meaning of that section); and nothing in paragraph 4 shall have effect in relation to a digital diffusion service."'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 134. In speaking to this amendment I should like to speak also to Amendments Nos. 147 and 270. In commending this group of amendments to your Lordships I should like to pay tribute to the part played by my noble friend Lady O'Cathain in putting the case for a must-carry requirement upon digital cable operators. We listened to that case and accepted it.

Amendment No. 134 requires digital cable operators to carry the public service channels. It also tidies up the existing must-carry provisions applying to analogue cable operators holding diffusion service licences. Amendments Nos. 147 and 270 adjust the Copyright, Design and Patents Act 1988 to take account of the new must-carry provisions and other developments. I very much hope that all sides of the House will be able to welcome these amendments.

Moved, That the House do agree with the Commons in their Amendment No. 134.--(Lord Inglewood.)

On Question, Motion agreed to.


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