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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 3

 

THE LORD ALLI
THE LORD LIPSEY

Page 3, line 29, at end insert—
"(g)  the maintenance of a vibrant independent production sector."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 4, line 12, at end insert—
"(   )  the impact of developments in relevant markets upon creators and performers"
 

After Clause 3

 

THE LORD McNALLY
THE BARONESS WALMSLEY

Insert the following new Clause—
  "Duty to promote community media
(1)  It shall be the duty of OFCOM to take all such steps as they consider appropriate for promoting the growth and development of community media.
(2)  In this section—
 "community media" means communications services provided primarily for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes.
(3)  In subsection (2)—
 "communication services" includes—
(a)  radio and television broadcasting;
(b)  electronic communications networks and services; and
(c)  content services carried by services falling within paragraph (a) or (b)."
 

After Clause 10

 

THE LORD ALLI
THE LORD LIPSEY

Insert the following new Clause—
  "Duty to promote the independent production sector
(1)  It shall be the duty of OFCOM to take such steps, and to enter into such arrangements, as appear to them calculated to promote the independent production sector, in particular—
(a)  to seek the opinions of all relevant parties with a view to establishing a register of original programme ideas
(b)  to use the opinions given to form the basis of a register of original programme ideas, to be established and maintained by OFCOM
(2)  
(a)  for the purposes of 1(a) above, `relevant parties' should include the BBC, licensed public service channels and the independent sector
(b)  for the purposes of 1(a) and 1(b) above, `original programme ideas' should be given to mean original formats and ideas for programmes not yet presented to broadcasters
 

Clause 11

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 12, line 3, leave out subsection (6) and insert—
"(   )  In appointing persons to the Content Board, OFCOM must ensure that as far as practicable, the membership of the Content Board is representative of the full range of significant political, cultural and religious attitudes in the UK."
 

Clause 15

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 16, line 40, at end insert ", with due regard to the need to prioritise the Panel's activities and make best use of its resources."
 

THE BARONESS BLACKSTONE

Page 17, line 5, leave out "matters that concern" and insert "any matter (other than one referred to them for advice by OFCOM) that concerns"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 17, line 35, leave out from "if" to end of line 38 and insert—
"(a)  its disclosure would, or might, seriously and prejudicially affect the interests of an individual or of a particular body; or
(b)  having regard to the public interest in the provision of that information it is reasonable for OFCOM to refuse to disclose it to the Panel."
Page 17, line 38, at end insert—
"(   )  Where information is withheld from the Panel under subsection 9 (a), it shall be the duty of OFCOM to specify a time limit for reviewing the withholding of information as soon as provision would no longer seriously and prejudicially affect the interests of any person or body."
 

Clause 35

 

THE BARONESS BLACKSTONE

Page 35, line 32, leave out from "charges" to end of line 36 and insert "for a particular case includes—
(a)  power to provide that the charges in that case are to be equal to the amounts produced by a computation made in the manner, and by reference to the factors, specified by them;
(b)  power to provide for different charges to be imposed in that case on different descriptions of persons; and
(c)  power to provide for particular descriptions of persons falling within subsection (2)(d) to (f) to be excluded from the liability to pay charges in that case."
 

Clause 108

 

THE BARONESS BLACKSTONE

Page 103, line 7, leave out "making of the payment" and insert "taking of the steps"
 

Clause 111

 

THE BARONESS BLACKSTONE

Page 106, line 37, leave out "contravening provider or contravening supplier" and insert "operator"
 

Clause 131

 

THE BARONESS BLACKSTONE

Page 124, line 8, at end insert—
"(   )  The consent of the Secretary of State is required for the making by OFCOM of an order under this section."
Page 124, line 9, at end insert—
"(   )  A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 165

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 151, line 31, at end insert—
"(   )  In authorising the transfer of rights and obligations under a wireless telegraphy licence or grant of recognised spectrum access under this section, OFCOM shall have regard to the impact of such a transfer on music provision."
 

Clause 199

 

THE BARONESS BLACKSTONE

Page 177, line 20, after "may" insert "by order"
 

Clause 202

 

THE BARONESS BLACKSTONE

Page 179, line 24, leave out "broadcasting" and insert "programme"
Page 179, line 26, leave out "broadcasting" and insert "programme"
 

Clause 241

 

THE LORD McNALLY
THE BARONESS WALMSLEY

Page 216, line 42, leave out subsection (7)
Page 216, line 45, at end insert—
"(   )  An order under this section in relation to a description of such services may, in particular, prescribe services to be provided primarily for the good of members of the public or of a particular community, rather than for commercial reasons."
 

Clause 242

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 218, line 14, at end insert—
"(   )  Where OFCOM receives notification that may give rise to a change of control in ownership of independent radio services, or that a relevant change of control takes place (whether or not that change has been previously notified to OFCOM), OFCOM shall carry out a review of the impact on music diversity and local character."
 

Before Clause 258

 

THE LORD McNALLY
THE BARONESS WALMSLEY

Insert the following new Clause—
  "Community Television Services
(1)  After section 42B of the 1990 Act there is inserted—
    "42CCommunity television services
      In this Part "community service" means a service which—
    (a)  consists in the broadcasting of television programmes for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes (a "community service"), and
    (b)  is provided on a frequency or frequencies assigned to OFCOM under section 65.
    "42DCommunity television services (No. 2)
    (1)  An application for a licence to provide a community service shall be made in such a manner as OFCOM may determine and shall be accompanied by such fee (if any) as OFCOM may determine.
    (2)  In determining whether or to whom to grant a licence to provide a community service and the duration of such licence OFCOM shall have regard to—
    (a)  the extent to which the service would confer significant benefits on the public or on the particular community for which it is proposed to be provided;
    (b)  the extent to which the proposed service is supported by the public or the particular community for which it is proposed to be provided;
    (c)  the extent to which the proposed service includes provision for public access to training, production and broadcast facilities; and
    (d)  the extent to which the proposed service includes measures to ensure accountability to and participation by the public or the particular community for which it is proposed to be provided."
 

Clause 258

 

THE LORD McNALLY
THE BARONESS WALMSLEY

Page 229, line 7, leave out subsection (3)
Leave out Clause 258 and insert the following new Clause—
  "Community Radio
(1)  In subsection (2) of Section 84 of the 1990 Act (regulations by authority of independent radio services) after paragraph (a)(iii) there shall be inserted—
 "or—
(iv)  for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes (a "community service")"
(2)  In subsection (6) of Section 104 of the 1990 Act (application for other licences) in paragraph (b) after "satellite" there shall be inserted ", community".
(3)  After that subsection there shall be inserted—
    "(6A)  In determining whether or to whom to grant a licence to provide a community service and the duration of such licence OFCOM shall have regard to the extent to which the proposed service—
    (a)  would confer significant benefits on the public or on the particular community for which it is proposed to be provided;
    (b)  demonstrates evidence of support by the public or the particular community for which it is proposed to be provided;
    (c)  includes provision for public access to training, production and broadcast facilities;
    (d)  includes measures to ensure accountability to and participation by the public or the particular community for which it is proposed to be provided. And
    (e)  would be distinctive from existing local sound broadcasting services licensed to cover over 50 per cent of the proposed service's coverage area."
 

Clause 260

 

THE BARONESS WHITAKER

Page 231, line 31, after "religion" insert "and belief"
 

Clause 273

 

THE LORD ALLI
THE LORD LIPSEY

Page 245, line 7, after "total" insert "annual budget allocated to the production and acquisition of qualifying programmes included in the channel and not less than 25 per cent of the total"
Page 245, line 21, at end insert—
"(d)  the reference to the total annual budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection"
 

Clause 306

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 270, line 13, at end insert "and music"
Page 270, line 16, at end insert "taking into account the way in which the existing range of programmes and music (taken as a whole) is calculated to appeal to a variety of tastes and interests"
 

Schedule 12

 

THE LORD ALLI
THE LORD LIPSEY

Page 402, line 7, after "total" insert "annual budget allocated to the production and acquisition of qualifying programmes included in the television broadcasting services provided by the BBC and; not less than 25 per cent of the total amount"
Page 402, line 22, at end insert—
"(d)  the reference to the total budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection"
Page 403, line 39, at end insert—

 
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©Parliamentary copyright 2003
11 April 2003