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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 117

 

THE BARONESS BLACKSTONE

Page 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
Page 111, line 28, after subsection (11) insert—
"(11A)  A person falls within this subsection if—
(a)  he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)  the use of that network for the provision of premium rate services, or of services that include or may include premium rate services, is authorised by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the relevant service by virtue of subsection (10) or (11)."
Page 111, line 39, leave out "and"
Page 111, line 41, at end insert "and
 "intermediary service provider" means a person who—
(a)  provides an electronic communications service used for the provision of the relevant service; and
(b)  is a party to an agreement with a provider of the relevant service falling within subsection (9)(a) to (d) which relates to the use of that electronic communications service for the provision of premium rate services, or of services that include or may include premium rate services."
 

Clause 312

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 275, line 27, leave out "and" and insert—
  "(ca)"
 

Clause 341

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 297, line 4, at end insert—
"(c)  in sub-paragraph (1)(h) at beginning insert "subject to sub-paragraph (4)"
(d)  after sub-paragraph (3) there shall be inserted—
    "(4)  Sub-paragraph (1)(h) does not apply to a person in relation to a licence if—
    (a)  OFCOM have made a determination under this paragraph in the case of that person;
    (b)  that determination is one made as respects licences of description applicable to that licence; and
    (c)  the determination remains in force.
    (4A)  OFCOM are to make a determination under this paragraph in a person's case and as respects a particular description of licence if, and only if, they are satisfied that it is appropriate notwithstanding sub-paragraph (1)(h) for that person to hold a licence of that description.
    (4B)  OFCOM are not to make a determination under this paragraph except on an application made to them for the purpose.
    (4C)  A determination under this paragraph may be made as respects only one or more of the following descriptions of licence—
    (a)  a licence to provide a restricted service (within the meaning of Part 1 of this Act);
    (b)  a digital programme licence (within the meaning given by section 18 (licensing of digital programme services) of the 1996 Act for the purposes of Part 1 of that Act);
    (c)  a digital additional services licence (within the meaning given by section 25 (licensing of digital additional services) of the 1996 Act for the purposes of Part 1 of that Act);
    (d)  a licence to provide a television licensable content service (within the meaning of Part 3 of the Communications Act 2003);
    (e)  a licence under Part 3 of this Act which is not a national licence;
    (f)  a national digital sound programme licence (within the meaning given by section 60 (licensing of digital sound programme services) of the 1996 Act for the purposes of Part 2 of that Act);
    (g)  a local digital sound programme licence (within the meaning given by that section for those purposes);
    (h)  a digital additional services licence (within the meaning given by section 64 (licensing of digital additional services) of the 1996 Act for the purposes of Part 2 of that Act).
    (4D)  OFCOM must publish guidance for persons making applications to them under this paragraph as to the principles that they will apply when determining for the purposes of sub-paragraph (4A) what is appropriate.
    (4F)  OFCOM must have regard to guidance for the time being in force under sub-paragraph (4D) when making determinations under this paragraph.
    (4G)  OFCOM may revise any guidance under sub-paragraph (4D), by publishing their revisions of it.
    (4H)  The publication of guidance under sub-paragraph (4D), or of any revisions of it, is to be in whatever manner OFCOM consider appropriate.""
 

Schedule 18

 

THE BARONESS BLACKSTONE

Page 531, line 39, leave out from "applies" to end of line 40 and insert "where OFCOM give a continuation notice to the holder of a licence granted under section 7 of the 1984 Act."
Page 531, line 41, leave out from first "that" to "has" in line 15 on page 532 and insert "a provision contained in a condition of the licence is to have effect, after the abolition of licensing—
(a)  to the extent specified in the notice; and
(b)  subject to such modifications (if any) as may be so specified.
(2A)      OFCOM are not to give a continuation notice except to the extent that they consider that provision to which it will give effect, as modified by the notice, ("the continued provision") corresponds to provision of one or more of the following descriptions—
(a)  provision that they have power to include in SMP conditions;
(b)  provision authorised by section 70(2) or (4) for inclusion in access-related conditions;
(c)  provision relating to matters mentioned in Article 16 of the Universal Service Directive or Article 7 of the Access Directive.
(2B)      A continuation notice relating to provision corresponding to anything that OFCOM have power to include in SMP conditions—
(a)  may identify the market by reference to which an SMP condition replacing the provision would have to be set; and
(b)  in so far as the provision corresponds to anything that OFCOM have power to include only in SMP apparatus conditions, must do so.
(2C)      OFCOM are not to give a continuation notice relating to provision corresponding to anything that OFCOM have power to include only in SMP apparatus conditions except to the extent that it"
Page 532, line 18, leave out "that condition" and insert "the continued provision"
Page 532, line 18, at end insert—
"(2D)      The modifications for which a continuation notice may provide—
(a)  must be confined to modifications for the purpose of securing that the provision to which they relate continues to have effect for so long as the notice is in force; but
(b)  in the case of provision which is expressed to impose a requirement to be met before the abolition of licensing, may include a modification under which that requirement must continue to be met for so long as the notice remains in force."
Page 532, line 20, leave out from beginning to "remain" in line 24 and insert—
"(a)  the continued provision,
(b)  every provision made by a direction, determination or consent given or made for the purposes of the continued provision, and
(c)   so far as necessary for giving effect to anything mentioned in paragraph (a) or (b), every provision made by or under the licence under the 1984 Act that is not so mentioned,
  are to"
Page 532, line 27, leave out sub-paragraphs (8) to (10) and insert—
"(7A)      Where the continued provision is one that OFCOM have power to include only in an SMP apparatus condition, it shall be their duty, as soon as reasonably practicable after giving the continuation notice—
(a)  to carry out an analysis of the market which, under sub-paragraph (2B), is identified in that notice;
(b)  to take all other steps necessary for enabling them to decide whether or not to set an SMP apparatus condition by reference to that market for the purpose of replacing the continued provision; and
(c)  to decide whether or not to exercise their power to set such a condition for that purpose.
(7B)      In the case of every other continued provision, it shall be OFCOM's duty, as soon as reasonably practicable after giving the continuation notice—
(a)  to take all steps necessary for enabling them to decide whether or not to set a condition of any other description under Chapter 1 of Part 2 of this Act for the purpose of replacing the continued provision; and
(b)  to decide whether or not to exercise their power to set a condition under that Chapter for that purpose.
(7C)      It shall be the duty of OFCOM—
(a)  as soon as reasonably practicable after making a decision required by sub-paragraph (7A) or (7B), but
(b)  in a case where that decision is a decision to set a condition, not before the coming into force of that condition,
  to give a notice under sub-paragraph (7) with respect to the continuation notice.
(7D)      The duties imposed by sub-paragraphs (7A) to (7C) apply only where OFCOM have not previously given a notice under sub-paragraph (7) with respect to the continuation notice in question.
(7E)      This paragraph has effect in the case of a licence granted under section 7 of the 1984 Act to persons of a particular class as if—
(a)  references to the holder of that licence were references to the members of that class; and
(b)  the manner in which a continuation notice or notice under sub-paragraph (7) is to be given to members of that class were by its publication in such manner as, in OFCOM's opinion, is appropriate for bringing it to the attention of the members of that class who are affected by the notice."
Page 533, line 8, at beginning insert "Sub-paragraph (1A) has effect"
Page 533, line 14, leave out from "2003/330)" to "in" in line 15 and insert—
"(1A)      If, at any time after the commencement of section 42, OFCOM—
(a)  are satisfied that a procedure has been followed in relation to the proposal that satisfies the requirements of Article 7 of the Framework Directive, and
(b)  publish a notification to that effect in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the proposal,
  the proposal (with such modifications, if any, as are specified in the notification) is to have effect, from the publication of the notification,"
Page 533, line 45, at end insert—
"(   )      Section 189 applies to a decision by OFCOM to publish a notification under this paragraph as it applies to a decision by them under Part 2 of this Act.
(   )      In this paragraph "the Framework Directive" has the same meaning as in Chapter 1 of Part 2 of this Act."
Page 534, leave out line 39 and insert—
"(a)  any provision to which effect is given, after the abolition of licensing, by a continuation notice"
Page 535, line 4, leave out "the conditions" and insert "anything"
Page 540, line 2, at end insert—
"(1A)      Where a dispute—
(a)  has arisen or arises about anything occurring or existing before the time when the revocation of those regulations comes into force ("the relevant time"),
(b)  relates to matters disputes about which would (before that time) have been referable to the Director under regulation 6,
(c)  is neither a dispute which was referred to him before that time nor a dispute arising after that time which is referable to OFCOM under section 182, and
(d)  is referred to OFCOM after that time either during the transitional period or in a case in which OFCOM are satisfied that the circumstances that prevented the making of a reference before the end of that period are exceptional,
  sub-paragraph (1) is to have effect as if the dispute were a dispute arising before the relevant time in the case of which a reference to the Director had been made under regulation 6 before that time."
Page 540, line 4, after "(1)" insert or "or (1A)"
Page 540, line 16, at end insert—
"(   )      But OFCOM are not to give a direction by virtue of sub-paragraph (2)(a) containing provision which they would have no power to include in—
(a)  a condition set under Chapter 1 of Part 2 of this Act; or
(b)  a direction under section 187."
Page 540, line 25, leave out from "consider" to end of line 27 and insert "that the direction makes provision corresponding to that which they have power to include in—
(a)  conditions set under Chapter 1 of Part 2 of this Act; or
(b)  directions under section 187."
Page 540, line 29, leave out from beginning to end of line 30 and insert "(in whole or in part) a direction which—
(a)  was given by virtue of sub-paragraph (2)(a); or
(b)  is a direction to which a notice under sub-paragraph (4) relates."
Page 540, line 30, at end insert—
"(6A)      Where a direction which OFCOM have power to revoke under sub-paragraph (6) makes provision corresponding to anything that OFCOM have power to include in a condition set under Chapter 1 of Part 2 of this Act, it shall be their duty, as soon as reasonably practicable after giving the direction or as the case may be the notice under sub-paragraph (4)—
(a)  to take all steps necessary for enabling them to decide whether or not to set such a condition for the purpose of replacing the direction; and
(b)  to decide whether or not to exercise their power to set a condition under that Chapter for that purpose.
(6B)      It shall be the duty of OFCOM—
(a)  as soon as reasonably practicable after making a decision required by sub-paragraph (6A), but
(b)  in a case where that decision is a decision to set a condition, not before the coming into force of that condition,
  to give a notice under sub-paragraph (6) revoking the direction in question.
(6C)      The duties imposed by sub-paragraphs (6A) and (6B) apply only where OFCOM have not previously revoked the direction in question."
Page 540, line 32, at end insert—
"(   )      In this paragraph "transitional period" means the period which is the transitional period (within the meaning of section 401) in relation to this paragraph."

 
 
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©Parliamentary copyright 2003
1 May 2003