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

House of Lords

back to previous amendments

 

Clause 101

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

119Page 97, line 1, leave out paragraph (a)
 

Clause 103

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

120Page 98, line 41, at end insert—
"(   )  In this section persons to whom the electronic communications code may be applied shall not be restricted to telecommunications operators."
 

Clause 108

 

THE BARONESS BLACKSTONE

121Page 103, line 7, leave out "making of the payment" and insert "taking of the steps"
 

Clause 111

 

THE BARONESS BLACKSTONE

122Page 106, line 37, leave out "contravening provider or contravening supplier" and insert "operator"
 

Clause 117

 

THE LORD LUCAS

122ZAPage 110, line 15, after "promotion" insert ", provision of information to consumers"
 

THE BARONESS BLACKSTONE

122APage 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
122BPage 111, line 28, at end 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)."
122CPage 111, line 39, leave out "and"
122DPage 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 118

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

123Page 112, line 18, at end insert—
"(   )  that the provisions of the code will not discourage innovation and investment in new forms of content-based communications services;"
 

Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

123APage 123, line 24, at end insert—
"(   )  The question whether consent has been unreasonably withheld in any case falling to be determined in accordance with subsection (5) shall be determined by OFCOM.
(   )  Where OFCOM has made such a determination, proceedings for breach of any provision of a lease or other agreement falling within subsection (2), which consists of or includes failure to obtain consent before doing anything to which that provision relates, shall not be instituted or continued in any court."
 

THE BARONESS BLACKSTONE

124Page 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."
125Page 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."
 

After Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

125AInsert the following new Clause—
  "Restrictive covenants affecting freehold property
(1)  This section applies where by virtue of a restrictive covenant the owner of any premises is restricted, either absolutely or to any extent—
(a)  in choosing electronic communications services or a supplier of such services, or
(b)  with respect to any other electronic communications matter.
(2)  Where this section applies, the covenant, to the extent that it restricts the owner of premises as mentioned in subsection (1)—
(a)  if it requires (expressly or otherwise) the consent of any person to be obtained before anything to which the restriction relates is done, shall have effect as if it required that consent not to be unreasonably withheld; and
(b)  in any other case, shall have effect as if it required the consent of the person entitled to the benefit of the restrictive covenant to the doing of anything to which the restriction relates not to be unreasonably withheld.
(3)  Subsections (5) to (7) of section 131 shall apply in relation to a restriction falling within subsection (2) of this section as those subsections apply in relation to a prohibition or restriction falling within subsection (1) or (2) of section 131.
(4)  Section 396 applies to the powers of OFCOM to make orders under this section."
 

Clause 134

 

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

126Page 126, line 21, at end insert—
"(   )  In a case where requirement for information under section 132 or 133 includes a requirement for any person to answer a question, make a statement, provide an opinion or otherwise to provide information, whether orally or in writing, such answer, statement, opinion or other provision of information shall not be used by OFCOM in relation to any action to be taken against that person under any of section 34, 38, 93, 109 or 136 without the consent in writing of that person."
 

Clause 148

 

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

127Page 135, line 37, at end insert—
 ""effectively competitive", in relation to an identified market, means a situation in which—
(a)  that market 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;"
 

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

128Page 135, line 41, after "the" insert "initial"
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

129Page 135, line 41, after second "or" insert "ultimate"
 

Clause 151

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

130Page 140, line 30, after "economic" insert ", social, cultural"
131Page 140, line 34, leave out subsection (3)
 

Clause 153

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

132Page 141, line 33, leave out "3A" and insert "3"
 

Clause 155

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

133Page 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

134Page 143, line 11, at end insert—
"(   )  there is clear spectrum management need as determined by OFCOM"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

134APage 143, line 14, at end insert—
"(   )  OFCOM shall not issue any regulations under subsection (1) until they have consulted all interested parties, and considered any representations received, on whether the application of such regulations to any particular circumstances of use is appropriate and proportionate, having regard to all the circumstances."
134BPage 143, line 25, leave out subsections (5) to (7)
 

Schedule 5

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

134CPage 370, line 38, leave out paragraph (c)
134DPage 371, line 19, at end insert—
      "OFCOM may revoke or modify a grant of recognised spectrum access only—
(a)  with the consent of the holder of the grant;
(b)  if it appears to OFCOM to be necessary or appropriate to do so—
(i)  in the interests of national security;
(ii)  in the interests of the safety of the public or public health; or
(iii)  for the purpose of securing compliance with any international obligation of the United Kingdom."
134EPage 371, line 20, leave out paragraphs 5 to 7
 

Clause 158

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

135Page 144, line 44, at end insert—
"(   )  after subsection (5) there is inserted—
"(5A)  Charges in respect of grants of recognised spectrum access shall not exceed the administrative costs incurred in carrying out the relevant spectrum management duties.""
 

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

136Page 144, line 45, leave out subsection (3)
 

Clause 161

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

136APage 147, line 13, leave out "and grants of recognised spectrum access"
136BPage 147, line 16, leave out "and grants of recognised spectrum access"
136CPage 147, line 20, leave out "and grants of recognised spectrum access"
136DPage 147, line 21, leave out "or made"
136EPage 147, line 23, leave out "or grants of spectrum access made"
136FPage 147, leave out lines 37 to 39
 

Clause 164

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

137Page 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;"
138Page 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 BARONESS BUSCOMBE
THE BARONESS WILCOX

138APage 150, line 44, leave out "or grant of recognised spectrum access"
138BPage 151, line 4, leave out "or grant"
138CPage 151, line 8, leave out "or grant of recognised spectrum access"
138DPage 151, line 9, leave out "or making"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS WARNOCK

139Page 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."
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

140Page 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."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

140APage 151, line 31, at end insert—
"(   )  Subsection (3)(a), (d), (i), (j) and (k) shall also have effect as if they applied to the grant of recognised spectrum access."
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

141Page 151, line 32, leave out subsection (4) and 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), shall require the approval of OFCOM in advance and that OFCOM will consider existing users, third party licence holders and the provision of public services in their decision."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

141APage 151, line 32, leave out "or grant of recognised spectrum access"

 
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14 May 2003