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

House of Lords

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Schedule 15

 

THE BARONESS BLACKSTONE

303Page 440, line 19, leave out "In"
304Page 440, line 20, after "licence)" insert "shall be amended as follows.
(2)"      
305Page 440, line 21, at end insert—
"(3)      In subsection (2), in the definition of "associated programme provider", for the words from "appears" to "inclusion" there shall be substituted "is or is likely to be involved, to a substantial extent, in the provision of the programmes included"."
306Page 450, line 12, after "interpretation)" insert—
"(a)  in the definition of "associated programme provider", for the words from "appears" to "inclusion" there shall be substituted "is or is likely to be involved, to a substantial extent, in the provision of the programmes included"; and
(b)  in the words after the definition of "the relevant period","
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

307Page 455, line 27, at end insert—
"(   )      Section 176 of the 1990 Act (duty to provide advance information about programmes) shall be amended as follows.
(   )      In subsection (3)(b) for "the Secretary of State by order" there shall be substituted "OFCOM, following consultation with publishers and persons providing programming services".
(   )      For subsection (4) there shall be substituted—
"(4)      OFCOM shall produce a Code of Practice in the provision of advance information about programmes to publishers, to ensure the interests of consumers continue to be protected.""
 

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

308Page 458, line 11, leave out sub-paragraph (4)
 

Clause 355

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

309Page 314, line 16, leave out from "person" to end of line 19 and insert "who is in a position to determine which programmes (with or without relevant ancillary services) are to be included in the service (whether or not he has control over the broadcasting or distribution of the service).
(   )  Subsection (2) should also apply to the person, and the only person, who is in a position to determine which programme service or services are listed or promoted in an electronic programme guide."
 

Clause 356

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

309APage 315, line 7, leave out "guilty of an offence" and insert "liable for payment of a TV licence fee under this Part"
309BPage 315, line 13, leave out "guilty of an offence" and insert "liable for payment of a TV licence fee under this Part"
309CPage 315, line 14, leave out subsection (4)
 

Clause 359

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

309DLeave out Clause 359 and insert the following new Clause—
  "Powers to enforce TV licensing (No. 2)
(1)  If a county court in England, or a sheriff court in Scotland, is satisfied by information on oath that there are reasonable grounds for believing—
(a)  that liability has been incurred under section 356;
(b)  that payment has not been made;
  the court may apply whatever remedy it considers appropriate within its jurisdiction for the enforcement of a civil debt, subject to regulations under subsection (2).
(2)  The Secretary of State may make regulations under this section to include provision that—
(a)  the liable person is to make payments on account of the chargeable amount for the licence fee, which may include payment during the course of the financial year concerned;
(b)  payments on account may be made in accordance with an agreement between the liable person and the relevant authority or under a prescribed scheme payment by instalments;
(c)  in cases of hardship the liable person shall be discharged from the aforementioned liability.
(3)  Offences under section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing of wireless telegraphy) shall no longer apply to liability for payment of a TV licence fee on installation of a television receiver, pursuant to section 356 of this Act."
 

Clause 362

 

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

310Page 319, line 38, at end insert "including the activities of the BBC"
 

After Clause 365

 

THE LORD RAZZALL
THE LORD McNALLY

310AInsert the following new Clause—
  "Duty to establish and maintain a competition panel
(1)  It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish and maintain a committee to be known as "the competition panel".
(2)  The competition panel shall have such functions as OFCOM, in exercise of their powers under the Schedule to the Office of Communications Act 2002, may confer on the panel.
(3)  The functions conferred on the competition panel must include, to such extent and subject to such restrictions and approvals as OFCOM may determine—
(a)  to advise OFCOM on the exercise of its functions under section 364; and
(b)  to give an opinion to OFCOM on guidelines and decisions which OFCOM propose to adopt in the exercise of OFCOM's functions under section 364, including as to whether OFCOM or the Office of Fair Trading should investigate.
(4)  The competiton panel shall as soon as practicable after the end of each calendar year make to the chair of OFCOM a report on its activities during that year which shall be published by OFCOM.
(5)  The competition panel shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(6)  The chairman of the competition panel must be a non-executive member of OFCOM but is not to be the chairman of OFCOM.
(7)  In appointing a person for the purposes of subsection (2)(b), OFCOM must have regard to their expertise in the area of competition law or economics (or both).
(8)  The competition panel must include at least one member who is a member of the Board of the Office of Fair Trading.
(9)  Before appointing a person to be the chairman or another member of the competition panel, OFCOM must satisfy themselves that he will not have any financial or other interests which would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the competition panel.
(10)  A person is not be taken to have such an interest by reason only that he is, or will be, a member or employee of OFCOM.
(11)  Every person whom OFCOM propose to appoint to be the chairman or another member of the competition panel, shall, whenever requested to do so by OFCOM, furnish OFCOM with any information they consider necessary for the performance of their duty under subsection (9)."
 

Clause 369

 

THE LORD WAKEHAM

310BPage 324, line 33, leave out from "daily" to "newspaper" in line 34 and insert "or Sunday"
310CPage 324, line 35, after "a" insert "substantial"
 

Clause 370

 

THE LORD WAKEHAM
THE BARONESS BUSCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 370 stand part of the Bill.
 

Clause 371

 

THE LORD WAKEHAM

310DPage 326, line 6, leave out "a" and insert "the same"
310EPage 326, line 6, leave out from second "Kingdom" to end of line 8 and insert "as that in which the daily newspapers, if any, to be acquired circulate, were supplied by the person or persons by whom the acquiring enterprise concerned was carried on"
310FPage 326, line 14, after "nature" insert ", other than supply of newspaper advertising or newspaper advertising revenue"
 

Clause 372

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

 The above-named Lords give notice of their intention to oppose the Question that Clause 372 stand part of the Bill.
 

Clause 373

 

THE LORD WAKEHAM
THE BARONESS BUSCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 373 stand part of the Bill.
 

Clause 375

 

THE LORD WAKEHAM
THE BARONESS BUSCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 375 stand part of the Bill.
 

Clause 376

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

310GPage 330, line 2, leave out "OFCOM,"
 

Clause 377

 

THE LORD WAKEHAM
THE BARONESS BUSCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 377 stand part of the Bill.
 

Clause 378

 

THE LORD WAKEHAM
THE BARONESS BUSCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 378 stand part of the Bill.
 

Clause 383

 

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

311Page 332, line 30, at end insert—
"(bb)  the Telecommunications Act (c. 12);"
312Page 332, line 32, at end insert "or Part 6 of the Telecommunications Act 1984"
 

Clause 384

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

313Page 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."
 

THE LORD WAKEHAM

313APage 333, line 21, leave out paragraph (e)
313BPage 333, line 33, leave out paragraph (d)
 

Clause 386

 

THE BARONESS BLACKSTONE

314Page 335, line 8, at end insert "of the United Kingdom"
 

Clause 398

 

THE EARL OF NORTHESK

315Page 345, line 24, at end insert—
 ""broadband" means the transfer of data at speeds of not less than 384 kilobits per second;"
316Page 345, line 24, at end insert—
 ""broadband" means the transfer of data at speeds of not less than 512 kilobits per second;"
 

Schedule 17

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

317Page 510, line 35, at end insert—
"(   )  Sub-paragraph (2) of paragraph 103 shall apply to General Development Orders made under that Act or any regulations made thereunder."
 

Schedule 18

 

THE LORD CRICKHOWELL

317APage 529, line 32, at end insert "or
(c)  for any right or obligation to arise,"
317BPage 529, line 46, after "terminated," insert "and neither any right nor obligation is to arise,"
317CPage 529, line 47, at end insert—
"(   )  In relation to times after the commencement of the provision of this Act removing the requirement for a licence under section 7 of the 1984 Act, a reference to such a licence in a provision of any agreement in question is to have effect as a reference to the entitlement under this Act of a person to provide an electronic communications network or electronic communications service."
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

318Page 530, line 23, at end insert—
  "General saving for agreements containing rights or obligations established by reference to definitions contained in previous legislation
(1)  This paragraph applies where an agreement in force immediately before the coming into force of provisions of this Act which amend, revoke or repeal provisions of the 1984 Act, the 1990 Act, the 1996 Act or Wireless Telegraphy Act 1949 establishes rights or obligations by reference to definitions contained in those Acts.
(2)  Notwithstanding any amendment, repeal or revocation made by this Act the definitions referred to in sub-paragraph (1) shall continue to have effect in relation to the interpretation of such rights and obligations under a relevant agreement other than where specific transitional provisions applying to a relevant agreement are made under this Act."
 

THE BARONESS BLACKSTONE

318APage 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."
318BPage 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"
318CPage 532, line 18, leave out "that condition" and insert "the continued provision"
318DPage 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."
318EPage 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"
318FPage 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."
 

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

319Page 532, line 33, at end insert "or they have determined not to apply any SMP conditions to that person by reference to that market"
 

THE BARONESS BLACKSTONE

319APage 533, line 8, at beginning insert "Sub-paragraph (1A) has effect"
319BPage 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,"
319CPage 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."
319DPage 534, leave out line 39 and insert—
"(a)  any provision to which effect is given, after the abolition of licensing, by a continuation notice"
319EPage 535, line 4, leave out "the conditions" and insert "anything"
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

320Page 536, line 9, at end insert—
  "Liability for payment of charges levied by pre-commencement regulators
(1)  This paragraph has effect where an agreement entered into prior to the commencement of the Act establishes liability for payment of charges levied by pre-commencement regulators.
(2)  Subject to sub-paragraph (3) below, such liability is not to cease to have effect or be capable of being enforced only by reason of the coming into force of the provisions of this Act.
(3)  In any such case after commencement of the Act, such liability shall relate to charges levied by OFCOM rather than to charges levied by pre-commencement regulators."
 

THE BARONESS BLACKSTONE

320APage 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."
320BPage 540, line 4, after "(1)" insert or "or (1A)"
320CPage 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."
320DPage 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."
320EPage 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."
320FPage 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."
320GPage 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."
 

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

321Page 540, line 32, at end insert—
"(8)      Where—
(a)  a direction made by OFCOM by virtue of sub-paragraph (2)(a) or continued in force by virtue of a notice given under sub-paragraph (4) imposes obligations on any person;
(b)  those obligations include obligations which correspond to any requirements, rules, controls or other obligations which are of a kind authorised by virtue of section 84 to be included in SMP conditions;
(c)  that person has been identified by the Director or OFCOM as having significant market power in relation to one or more markets; and
(d)  any obligations referred to in paragraph (b) have effect in relation to any market referred to in paragraph (c) or any sector of such market,
  then, to the extent of the obligations referred to in paragraph (b), the direction shall cease to have effect on the date on which any SMP conditions which the Director or OFCOM set in relation to that market take effect or the Director or OFCOM determine not to set any such conditions in relation to that person by reference to that market or market sector."
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

322Page 540, line 32, at end insert—

 
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14 May 2003