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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 3

 

THE LORD GORDON OF STRATHBLANE

Page 3, line 16, leave out "(taken as a whole)"
Page 3, line 17, after "and" insert "(taken as a whole)"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD GORDON OF STRATHBLANE

Page 3, line 18, leave out paragraph (d)
 

Clause 10

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 11, line 15, leave out paragraph (e)
 

Clause 11

 

THE LORD GORDON OF STRATHBLANE

Page 12, line 11, leave out subsection (8)
 

Clause 24

 

THE LORD GORDON OF STRATHBLANE

Page 23, line 6, after "providing" insert "telecommunications"
 

Clause 91

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 87, line 29, leave out "give that person a notification" and insert "conduct an investigation".
Page 87, leave out line 30 and insert "The power conferred by subsection (1) is to be exercised by a notice in writing. A notice must—"
Page 87, line 31, leave out "sets out the determination" and insert "indicate the reasons for the investigation being"
Page 87, line 32, leave out "specifies" and insert "specify"
Page 87, line 32, leave out from "which" to "and" in line 33 and insert "the investigation is being made".
Page 87, line 34, leave out "specifies" and insert "specify"
Page 87, line 35, leave out from "of" to end and insert "to make representations about the matters notified"
Page 87, line 36, leave out subsection (3).
Page 87, line 41, leave out subsections (4) to (11) and insert—
"(   )  OFCOM may by regulations make rules and procedures in connection with the carrying into effect of the provisions of sections 91 to 100.
(   )  Section 396 applies to the power of OFCOM to make regulations under this section."
 

After Clause 91

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Insert the following new Clause—
  "Determinations following an investigation
(1)  Subsection (2) applies if, as the result of an investigation conducted under section 91, OFCOM propose to make a determination that a condition set under section 42 has been contravened.
(2)  Before making a determination, OFCOM must—
(a)  give written notice to the person likely to be affected by the determination; and
(b)  give the person notified an opportunity of making representations.
(3)  If, as a result of the investigation, OFCOM has made a determination that a person has contravened a condition set under section 42, that person must be given notification of OFCOM's decision within one week. The notification shall specify the period during which the person notified has an opportunity of—
(a)  complying with the notified conditions of which he remains in contravention; and
(b)  remedying the consequences of notified contraventions.
(4)  Subject to subsections (5) to (7) and section 95(3), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.
(5)  OFCOM may, if they think fit, allow a longer period for doing those things either—
(a)  by specifying a longer period in the notification; or
(b)  by subsequently, on one or more occasions, extending the specified period.
(6)  The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.
(7)  The person notified shall also have a shorter period if—
(a)  OFCOM have reasonable grounds for believing that the contravention is a repeated contravention;
(b)  they have determined that, in those circumstances, a shorter period would be appropriate; and
(c)  the shorter period has been specified in the notification.
(8)  A notification under this section—
(a)  may be given in respect of more than one contravention; and
(b)  if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(9)  Where a notification under this section has been given to a person in respect of a contravention of a condition, OFCOM may give a further notification in respect of the same contravention of that condition if, and only if—
(a)  the contravention is one occurring after the time of the giving of the earlier notification;
(b)  the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
(c)  the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
(10)  OFCOM must not give a notification under this section in a case in which—
(a)  they decide that the most appropriate way of proceeding in relation to the contravention in question would be under the Competition Act 1998 (c. 41); and
(b)  they publish a statement to that effect 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.
(11)  For the purposes of this section a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if—
(a)  a previous notification under this section has been given in respect of the same contravention or in respect of another contravention of the same condition; and
(b)  the subsequent notification is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of section 92(2) or 93(2) that the contravention to which the previous notification related did occur."
 

Clause 101

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 97, line 1, leave out paragraph (a)
 

Clause 151

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 140, line 30, after "economic" insert ", social, cultural"
Page 140, line 34, leave out subsection (3)
 

Clause 153

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 141, line 33, leave out "3A" and insert "3"
 

Clause 155

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 142, line 39, at end insert "and that there is sufficient remaining capacity for at least two local digital services in every locality"
 

Clause 156

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 143, line 11, at end insert—
    "(   )  there is clear spectrum management need as determined by OFCOM"
 

Clause 158

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 144, line 44, at end insert—
"(   )  In subsection (5) there is inserted "Charges in respect of grants of recognised spectrum access shall not exceed the administrative costs incurred in carrying out the relevant spectrum management duties""
Page 144, line 45, leave out subsection (3)
 

Clause 164

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 149, leave out lines 23 to 29 and insert—
"(ab)  require that amount to be expressed in terms of a single payment but shall give the applicant the choice of the making of annual payments."
Page 150, line 20, at end insert—
"(   )  In the Wireless Telegraphy Act 1998 after section 3(8) there is inserted—
    "(9)  Where the spectrum is for the provision of public services regulations shall provide for the refund of a specified sum on commencement of those services at a significant level defined by the regulations.""
 

Clause 165

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 151, line 31, at end insert—
"(   )  OFCOM shall require that the transfer from a service or content provider of rights and obligations under any wireless telegraphy licence (or grant of recognised spectrum access), has the approval of OFCOM in advance and that OFCOM will consider other parties and the provision of public services in their decision."
 

Clause 384

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 333, line 14, at end insert—
  "and in carrying out their duty under this section OFCOM shall have regard to the need for the maintenance of a plurality of providers of different television and radio services."

 
 
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©Parliamentary copyright 2003
25 April 2003