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 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"
 

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

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."
 

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 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 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 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 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—
  "Disputes arising from behaviour prior to commencement of section 182 of this Act
20A   (1)  After the revocation by this Act of the Telecommunication (Interconnection) Regulations 1997 (S.I. 1997/2931) a dispute may be referred to OFCOM arising out of behaviour prior to that date which could have been the subject of a referral to the Director under regulation 6 of those regulations and Chapter 3 of Part 2 of this Act (except sections 186 and 187) is to have effect accordingly.
(2)  Where OFCOM make a determination for resolving a dispute falling to be resolved in accordance with sub-paragraph (1)—
(a)  their powers on making that determination are to be those which would have been exercisable by the Director under those regulations (instead of those under Chapter 3 of Part 2);
(b)  conditions of a licence under section 7 of the 1984 Act requiring compliance with directions given by the Director under regulation 6 of those regulations are to continue to have effect as if they also applied to directions given by OFCOM by virtue of paragraph (a); and
(c)  paragraph 11 of this Schedule has effect as if the reference in sub-paragraph (1)(d) to directions given by the Director under that regulation included a reference to directions given by OFCOM by virtue of paragraph (a) above.
 

Schedule 19

 

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

322APage 562, leave out lines 28 to 30
322BPage 562, line 31, leave out "(2) and"
322CPage 562, leave out line 40
 

THE BARONESS BLACKSTONE

323Page 567, leave out lines 43 and 44
324Page 569, line 25, at end insert—
  "European Parliament (Representation) Act 2003(c. 00)In section 12(4), in the definition of "programme services", the words from "(including" to "local delivery services"."
 

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

325[Re-tabled as amendment 322A]
326[Re-tabled as amendment 322B]
327[Re-tabled as amendment 322C]
 

Clause 401

 

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

328*Page 351, line 10, at end insert—
  "and where in pursuance of such an order under section 403 any such function as is referred to in paragraph (a) or (b) is carried out by that Director or the Secretary of State, references in section 189 to OFCOM shall in relation to anything referred to in that section have effect as if they were references to that Director or the Secretary of State as the case may be."

 
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29 April 2003