Previous Section Back to Table of Contents Lords Hansard Home Page


COMMONS AMENDMENT

271

Schedule 7, page 126, line 38, after 'paragraph (b)' insert--


'(i)''

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 271. In speaking to this amendment I should like to speak also to Amendments Nos. 272 and 274. These amendments relate to quality. Section 2 of the 1990 Act requires the ITC, inter alia, to ensure that, taken as a whole, the services that it licenses are of high quality and calculated to appeal to a wide variety of tastes and interests. Within that general remit, there are specific statutory arrangements spelling out the criteria to be applied in granting particular categories of licence. These take account of the very different circumstances of different licence categories.

The Bill is designed to give digital terrestrial services a fair opportunity to compete with cable and satellite. The regime applying to them is rightly more relaxed than that applying to the scarce analogue terrestrial frequencies, which still command the lion's share of national television audience. The general duties in the 1990 Act which I mentioned at the beginning will be applied by the Bill to the new digital programme services. This is what is secured by these amendments. Under the Bill the regulators will be free to take account of quality considerations in assessing just how likely a particular programme package proposed by a multiplex applicant is to appeal to viewers and listeners and thereby promote their take-up of digital receiving equipment. Similarly, quality considerations can be taken into account in considering as the market develops the acceptability of any licence variations relating to programming which a multiplex operator may propose. In the Government's view, this strikes the right balance between the need to ensure that the market can prosper and the need to allow the regulators to avoid any danger of a flood of low-quality or stale programming. I commend the amendment to the House.

18 Jul 1996 : Column 1135

Moved, That the House do agree with the Commons in their Amendment No. 271.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

272

Schedule 7, page 126, line 39, at end insert--


'(ii) after "television programme services" there is inserted "and multiplex services (as defined by section 1(1) of that Act), and
(iii) for "such services" there is substituted "television programme services.'.
273

Page 127, line 7, at end insert--


'. In section 72 of the 1990 Act (local delivery services), in subsection (2)--
(a) after paragraph (c) there is inserted--
"(cc) any digital programme service (as defined by section 1(4) of the Broadcasting Act 1996);", and.
(b) at the end there is inserted "and
(f) any digital sound programme service (as defined by section 34(5) of the Broadcasting Act 1996)." '.
274

Page 127, line 27, at end insert 'digital sound programme'.


275

Page 127, line 33, at end insert--


'.In section 112 of the 1990 Act (licensable sound programme services), in subsection (2)(a), after "sound broadcasting service" there is inserted "or a radio multiplex service (as defined by section 34(1) of the Broadcasting Act 1996)".'.
276

Page 127, line 36, at end insert--


'. In section 176 of the 1990 Act (duty to provide advance information about programmes), in subsection (7), in the first column of the table--
(a) after "Welsh Authority" there is inserted "and the service referred to in section 57(1A)(a)", and
(b) after "Radio Authority" there is inserted ", any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by the Radio Authority" '.
277

Page 127, line 49, at end insert--


'10A. In section 33 of the 1990 Act (conditions requiring holder of Channel 3 or Channel 5 licence to deliver licensed service) in subsection (3) after "subsection (1)" there is inserted "or section 21A(3) or (4)".'.
278

Page 127, line 49, at end insert--


'10B.--(1) Section 43 of the 1990 Act (domestic and non-domestic satellite services) is amended as follows.
(2) In subsection (3), after "shall", where first occurring, there is inserted "subject to subsection (3A)".
(3) After that subsection there is inserted--
"(3A) For the purposes of this Part, any non-domestic satellite service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company--
(a) shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service), and
(b) shall be regarded as provided from a place in the United Kingdom."
(4) At the end of subsection (4) there is inserted--
""relevant broadcasting body" means--
(a) in relation to a BBC company, the BBC,
(b) in relation to a Channel 4 company, the Channel Four Television Corporation, and

18 Jul 1996 : Column 1136


(c) in relation to an S4C company, the Welsh Authority."'.
279

Page 128, line 2, after 'inserted' insert 'a multiplex service (as defined by section 1(1) of the Broadcasting Act 1996),'.


280

Page 128, line 9, at end insert--


'13A.--(1) Section 84 of the 1990 Act (regulation by Radio Authority of independent radio services) is amended as follows.
(2) In subsection (3), after "shall", where first occurring, there is inserted "subject to subsection (3A)".
(3) After that subsection there is inserted--
"(3A) For the purposes of this Part, any satellite service which is composed by, and transmitted for, a BBC company, a Channel 4 company or an S4C company--
(a) shall be regarded as provided by that company and not by the relevant broadcasting body (even if the relevant broadcasting body is in a position to determine what is to be included in the service), and
(b) shall be regarded as provided from a place in the United Kingdom.
(3B) In subsection (3A) "relevant broadcasting body" means--
(a) in relation to a BBC company, the BBC,
(b) in relation to a Channel 4 company, the Channel Four Television Corporation, and
(c) in relation to an S4C company, the Welsh Authority."'.
281

Page 128, line 9, at end insert--


'. In section 188 of the 1990 Act (power to give broadcasting bodies etc. directions relating to international obligations), in subsection (2)(e), for "Broadcasting Standards Council" there is substituted "Broadcasting Standards Commission".'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 272 to 281. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 272 to 281.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

282

Schedule 7, page 128, line 9, at end insert--


'. In section 202(1) of the 1990 Act (interpretation)--
(a) after the definition of "broadcast" there is inserted--
""a Channel 4 company" means--
(a) any body corporate which is controlled by the Channel Four Television Corporation, or
(b) any body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);"
(b) in the definition of "connected", for "licence" there is substituted "person", and
(c) after the definition of "programme" there is inserted--
""an S4C company" means--
(a) any body corporate which is controlled by the Welsh Authority, or

18 Jul 1996 : Column 1137


(b) any body corporate in which the Welsh Authority or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);"'.
MOTION MOVED ON CONSIDERATION OF COMMONS AMENDMENT No. 282

282APage 45, line 5, leave out ("in relation to his additional services licence").

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 282, and do propose the above consequential amendment to the Bill.

Moved, That the House do agree with the Commons in their Amendment No. 282, as amended by Amendment No. 282A.--(Lord Inglewood.)

On Question, Motion agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page