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

House of Lords

back to previous amendments

 

After Clause 26

 

THE LORD CRICKHOWELL
THE LORD PUTTNAM
THE LORD McNALLY
THE BARONESS COHEN OF PIMLICO

91Insert the following new Clause—
  "Payment of certain legal costs
(1)  The Secretary of State may, with the consent of the Treasury, make grants to OFCOM of such sums as are specified in a statement published under subsection (2).
(2)  A statement under this subsection shall specify any costs or disbursements for which OFCOM are liable as a result of legal proceedings other than such costs or disbursements incurred directly by OFCOM or payable by OFCOM in consequence of their power under section 116.
(3)  Grants under this section shall be paid out of money provided by Parliament."
 

Clause 28

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

92Page 26, line 31, at end insert—
"(   )  Where under contractual arrangements in place prior to the commencement of the Act liability is established for payment of charges levied by pre-commencement regulators such arrangements shall continue to have effect after the abolition of the pre-commencement regulators as if they applied to charges levied by OFCOM."
 

After Clause 28

 

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

93Insert 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 35

 

THE BARONESS BLACKSTONE

94Page 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 42

 

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

95Page 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 LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
THE BARONESS TURNER OF CAMDEN
THE LORD McNALLY

95APage 64, line 23, at end insert "; and
"(f)  to secure the availability throughout the United Kingdom of affordable access to services of ever-greater bandwidth""
 

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

96Page 64, line 24, leave out "may" and insert "shall"
97Page 64, line 25, leave out "pricing" and insert "relative pricing for the same service among different customers"
 

Clause 64

 

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

98Page 65, line 28, at beginning insert "Except in relation to the matters mentioned in subsections (1A) to (1C),"
99Page 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."
100Page 66, line 19, leave out subsection (8)
 

Clause 65

 

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

101Page 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);"
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY
THE BARONESS BUSCOMBE
THE BARONESS WILCOX

102Page 66, line 38, leave out subsections (3) and (4) and insert—
"(   )  Universal service conditions must secure that a designated undertaking, in providing facilities and services additional to those referred to in the universal service order, establishes terms and conditions in such a way that the customer is not obliged to pay for facilities or services which are not necessary or not required for the service requested by the customer."
 

Clause 71

 

THE LORD AVEBURY
THE BARONESS HOWE OF IDLICOTE
THE BARONESS FINLAY OF LLANDAFF
THE LORD GORDON OF STRATHBLANE

102APage 71, line 42, at end insert "; and
(c)  that where the practices required by the code for electronic programme guides under section 304 in relation to the type of selection described in subsection (2A)(a)(ii) of that section require additional software or an additional facility to be provided in relation to the guide, that such facility or software be provided within a reasonable period of time, and that the terms as to price on which it is provided are set to entitle the recovery of the direct cost of making the facility or software available together with a reasonable return for the provider only."
 

Clause 76

 

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

103Page 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."
104Page 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."
 

Before Clause 91

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY
THE BARONESS BUSCOMBE
THE BARONESS WILCOX

105Insert the following new Clause—
  "Investigation of contravention of condition
(1)  Where OFCOM determine that there are reasonable grounds for believing that a person may be contravening, or may have contravened, a condition set under section 42, they may undertake an investigation.
(2)  Where OFCOM decide to undertake an investigation under subsection (1), they shall give the person concerned a notice in writing which—
(a)  indicates the reasons for the investigation being conducted by OFCOM;
(b)  specifies in sufficient detail the condition and alleged contravention in respect of which the investigation is being undertaken; and
(c)  specifies the period during which the person has an opportunity to make representation about the matter.
(3)  Subject to section 95(3), the period specified under subsection (2)(c) must be a period of at least one month beginning with the day on which the notice is given."
 

Clause 91

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY
THE BARONESS BUSCOMBE
THE BARONESS WILCOX

106Page 87, line 27, after "Where" insert ", following an investigation under section (Investigation of contravention of condition),"
107Page 87, line 27, leave out "there are reaonable grounds for believing that"
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

108Page 87, line 29, leave out "give that person a notification" and insert "conduct an investigation"
109Page 87, leave out line 30 and insert "The power conferred by subsection (1) is to be exercised by a notice in writing; and a notice must—"
110Page 87, line 31, leave out "sets out the determination" and insert "indicate the reasons for the investigation being"
111Page 87, line 32, leave out "specifies" and insert "specify"
112Page 87, line 32, leave out from "which" to "; and" in line 33 and insert "the investigation is being made"
113Page 87, line 34, leave out "specifies" and insert "specify"
114Page 87, line 35, leave out from "opportunity" to end and insert "to make representations about the matters notified"
115Page 87, line 36, leave out subsection (3)
116Page 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."
 

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

117Page 88, line 27, leave out "the most" and insert "a more"
 

After Clause 91

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

118Insert 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.
(4)  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.
(5)  Subject to subsections (6) to (8) 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.
(6)  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.
(7)  The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.
(8)  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.
(9)  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.
(10)  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.
(11)  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.
(12)  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."

 
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©Parliamentary copyright 2003
14 May 2003