Communications Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 28

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Insert the following new Clause—
  "Reporting duty in respect of Scotland, Wales and Northern Ireland
  Every report prepared by OFCOM in accordance with paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) shall include a particular account of OFCOM's activities in the relevant financial year in —
(a)  Scotland,
(b)  Wales, and
(c)  Northern Ireland."
 

Clause 42

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 42, line 31, at end insert—
"(9A)  OFCOM shall not set conditions of a discretionary character under this section in any case in which they decide that a more appropriate way of proceeding in relation to the matter in question would be under the Competition Act 1998 (c. 41).
(9B)  When OFCOM have come to a decision on the appropriate way of proceeding under subsection (9A) they shall publish a notice to that effect, giving their reasons for the decision, in such manner as they consider appropriate for bringing their decision to the attention of the persons who, in their opinion, are likely to be affected by it."
 

Clause 62

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 64, line 24, leave out "may" and insert "shall"
Page 64, line 25, leave out "pricing" and insert "relative pricing for the same service among different customers"
 

Clause 64

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 65, line 28, at beginning insert "Except in relation to the matters mentioned in subsections (1A) to (1C),"
Page 65, line 30, at end insert—
"(1A)  Following the publication by the Secretary of State of guidance about matters relating to pricing that is contained in the universal service notice, OFCOM shall publish proposals for the setting of universal service conditions relating to the pricing of things specified in the notice.
(1B)  No proposals published under subsection (1A) shall be set as conditions unless they are approved by the Secretary of State; and where such proposals are submitted to the Secretary of State for his approval, he may modify the proposals before approving them.
(1C)  OFCOM may, if they think fit, at any time propose revisions to the conditions relating to the pricing of things; and the provisions of subsection (1B) shall apply to such revisions as they apply to proposals."
Page 66, line 19, leave out subsection (8)
 

Clause 65

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 66, line 27, after "tariffs", insert—
"(aa)  to ensure that their activities under this section are carried out in a manner consistent with the decisions of the Secretary of State under section 64(1B) and (1C);"
 

Clause 76

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 75, line 15, at end insert—
"(1A)  Any analysis of an identified market under subsection (1) must be completed within a period of four months beginning with the date of the publication of the notification containing the identification, unless, in the opinion of OFCOM, exceptional circumstances render compliance with this timetable impracticable."
Page 75, line 15, at end insert—
"(1B)  It shall be the duty of OFCOM, in analysing an identified market for the purposes of this section, to determine whether that market is effectively competitive.
(1C)  No market power determination shall be made for the purposes of this Chapter where OFCOM have determined that the identified market is effectively competitive."
 

Clause 91

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 88, line 27, leave out "the most" and insert "a more"
 

Clause 148

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 135, line 37, at end insert—
 ""effectively competitive", in relation to an identified market, means a situation in which that market—
(a)  does not have one or more undertaking with significant market power, or
(b)  (in a case where one or more undertaking has significant market power), the powers available to OFCOM under the Competition Act 1998 (c. 41), to other bodies exercising relevant powers under that Act and to the European Commission under European Community competition law are, in the opinion of OFCOM, sufficient to remedy any failings in the operation of that market;"
 

Clause 192

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 173, line 44, at end insert—
"(2A)  Except as provided for in subsections (2B) and (2C), the Tribunal must make its decision no more than four months after the day on which the appeal was made.
(2B)  In the case of any appeal where a reference has been made to the Competition Commission under section 190, subsection (2A) shall apply with the substitution of the word "six" for the word "four".
(2C)  Subsection (2A) or (2B) does not apply in any case where, in the opinion of the Tribunal—
(a)  the appeal is exceptional in character, and
(b)  the making of a decision within the required period might jeopardise the quality of the decision."
 

After Clause 195

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

Insert the following new Clause—
"(1)  It shall be the duty of the Comptroller—
(a)  as soon as is practicable after the period of twelve months beginning with the commencement of this section; and
(b)  as soon as practicable after the end of each subsequent period as may be selected by the Comptroller for the purposes of this section,
  to fulfil the review and reporting obligations.
(2)  The period selected by the Comptroller for the purposes of subsection (1)(b) must be a period of not more than three years beginning with the end of the previous period for which the Comptroller has satisfied those reviews and reporting obligations.
(3)  The review and reporting obligations for a period are—
(a)  an obligation to carry out an examination into the efficiency, economy and effectiveness of the BBC's services;
(b)  an obligation to prepare and publish a report on the matters found on the review.
(4)  Subsection (3) shall not be construed as entitling the Comptroller to question the merits of the policy objectives of the BBC's services.
(5)  In this section—
 "BBC's services" means the television and radio broadcast services provided by the BBC;
 "the Comptroller" means the Comptroller and Auditor General as identified in section 3(1)(a) of the National Audit Act 1983 (c. 44)."
Insert the following new Clause—
  "Amendment to Schedule 4 to the National Audit Office Act 1983
  In Part 2 of Schedule 4 to the National Audit Office Act 1983 (c. 44), the words "the British Broadcasting Corporation" shall be omitted."
 

Clause 260

 

THE BARONESS HOWE OF IDLICOTE

Page 230, line 17, leave out "five" and insert "two"
 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 230, line 17, leave out "five" and insert "three"
 

THE BARONESS HOWE OF IDLICOTE

Page 230, line 22, after "have" insert "both individually and taken together"
Page 230, line 23, leave out from "which" to "fulfil" in line 24
Page 231, line 28, at end insert "and of an educational nature and educative value"
Page 231, line 35, at end insert "of which a significant proportion should be intended for audiences in the United Kingdom"
Page 231, line 40, at end insert—
    "(   )  that those services include what appears to OFCOM to be a sufficient quantity of programmes of a religious nature;"
 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 231, line 49, at end insert—
"(7A)  In carrying out a review under this section, OFCOM must also consider the extent to which a contribution to fulfilling the purposes of public service television broadcasting is made by broadcasters other than public service broadcasters."
 

Clause 261

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 232, line 43, leave out subsection (2) and insert—
"(2)  The public service remit for every regional Channel 3 service is the provision of a wide range of high quality and diverse programming which, in particular, includes a substantial range of high quality original production and satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed.
(2A)  The public service remit for every national Channel 3 service is the provision of a wide range of high quality and diverse programming which, in particular, includes a substantial range of high quality original production.
(2B)  The public service remit for Channel 5 is the provision of a range of high quality and diverse programming."
 

Clause 263

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 234, line 29, leave out subsections (2) and (3) and insert—
"(2)  This subsection requires the provider of the channel to have regard to the annual report of OFCOM under subsection (3) in preparing the statement.
(3)  OFCOM shall, within a period of eighteen months after the coming into force of section 262 and subsequently at annual intervals, publish a report giving their opinion on the performance of the provider of every licensed public service channel in the carrying out, during the relevant period, of the proposals contained in the relevant statement of programme policy."
 

Clause 266

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 237, line 24, leave out from "serious" to "and" in line 25
 

THE BARONESS HOWE OF IDLICOTE

Page 237, line 24, leave out from "serious" to "; and" in line 25
 

Clause 267

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 239, line 11, after "order", insert "(other than an order modifying the public service remit for any public service channel)"
 

After Clause 274

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Insert the following new Clause—
  "Reviews of certain production and programme-making requirements
(1)  It shall be the duty of OFCOM from time to time to carry out general reviews of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12.
(2)  The first such review must be carried out no later than two years after the coming into force of section 273.
(3)  Every subsequent review must be carried out no more than three years after the previous one.
(4)  Every review under this section shall consider—
(a)  the revenue of each licensed public service channel; and
(b)  the audience share of each public service channel.
(5)  If, on a review under this section, OFCOM are satisfied that modifications are required of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12, they may—
(a)  require the relevant licensee or the BBC or S4C to give effect to the modifications proposed by OFCOM; or
(b)  in the case of arrangements imposed by OFCOM, make those modifications themselves."
 

Clause 281

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 253, line 1, leave out "suitable" and insert "substantial"
Page 253, line 7, leave out "suitable" and insert "substantial"
Page 253, line 20, leave out "suitable" and insert "substantial"
Page 253, line 26, leave out "suitable" and insert "substantial"

 
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27 March 2003