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Amendments to the Communications Bill

Communications Bill


SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


The amendments have been marshalled in accordance with the Instruction of 10th April 2003, as follows—

Clauses 261 to 267
Clause 61
Clauses 72 and 73
Clauses 268 to 289
Schedule 11
Clauses 290 to 331
Schedule 12
Clauses 332 to 338
Schedule 13
Clauses 339 to 342
Schedule 14
Clauses 343 to 353
Schedule 15
Clauses 354 to 382
Schedule 16
Clauses 383 to 399
Schedules 17 to 19
Clauses 400 to 403

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 261

 

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

189Page 232, line 43, leave out subsection (2) and insert—
"(2)  The public service remit for every regional Channel 3 service is the provision of a wide range of high quality and diverse programming which, in particular, includes a substantial range of high quality original production and satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed.
(2A)  The public service remit for every national Channel 3 service is the provision of a wide range of high quality and diverse programming which, in particular, includes a substantial range of high quality original production.
(2B)  The public service remit for Channel 5 is the provision of a range of high quality and diverse programming."
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

190Page 232, line 43, leave out subsection (2) and insert—
"(   )  The public service remit for every Channel 3 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which—
(a)  satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and
(b)  reflects the regional diversity of the United Kingdom.
(   )  The public service remit for every Channel 5 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which—
(a)  satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and
(b)  reflects the regional diversity of the United Kingdom."
 

Clause 263

 

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

191Page 234, line 29, leave out subsections (2) and (3) and insert—
"(2)  This subsection requires the provider of the channel to have regard to the annual report of OFCOM under subsection (3) in preparing the statement.
(3)  OFCOM shall, within a period of eighteen months after the coming into force of section 262 and subsequently at annual intervals, publish a report giving their opinion on the performance of the provider of every licensed public service channel in the carrying out, during the relevant period, of the proposals contained in the relevant statement of programme policy."
 

Clause 266

 

THE LORD HOLME OF CHELTENHAM
THE LORD LIPSEY
THE LORD McNALLY
THE BARONESS BUSCOMBE

192Page 237, line 22, at end insert—
(   )  Such failure shall include, without exclusion of other public service responsibilities, a failure to provide such coverage of the proceedings of Parliament, and other elected legislatures within the United Kingdom, as is appropriate and necessary for civic understanding of their purpose and practices."
 

THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY

193Page 237, line 24, leave out from "serious" to "and" in line 25
 

Clause 267

 

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

194Page 239, line 11, after "order" insert "(other than an order modifying the public service remit for any public service channel)"
 

Clause 61

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

195Page 62, line 23, at end insert—
"(g)  any local digital television service,
(h)  any access radio service."
 

THE LORD LIPSEY

195APage 63, line 33, at end insert—
"(10A)  In determining whether it is appropriate for the purposes of subsection (9) to add a service to the list of must-carry services, the Secretary of State must, in having regard to the matters specified in subsection (10)(c) and subsection (10)(d), have regard to any representations made by a provider of a network to which conditions set in accordance with this section apply, concerning the ability of that provider to use the capacity for broadcasting or transmitting the service by means of that network for another purpose and any actual or potential income which that provider will be prevented from receiving if, by reason of the addition of the service to the list of must-carry services, it is unable to use the capacity for that other purpose."
195BPage 63, line 43, at end insert—
"(12A)  In making an order under subsection (11), the Secretary of State must have regard to the need to secure that terms imposed by the order or which are to be determined by OFCOM in accordance with the provisions of the order, do not in their treatment of any person providing a network by means of which a must-carry service is to be broadcast or otherwise transmitted, have the effect or tend to have the effect of discriminating against that person or of placing that person at a competitive disadvantage as compared to any other person providing an electronic communications network, service or associated facility."
 

Clause 72

 

THE LORD GORDON OF STRATHBLANE

195CPage 72, line 36, at end insert—
"(2A)  It shall be the duty of OFCOM to draw up and to issue guidance as to the manner in which access-related conditions set in accordance with subsection (2)(b) (and in particular the first indent to sub-paragraph (b) of Part I to Annex I to the Access Directive) may be satisfied in relation to each protected programme service.
(2B)  Such guidance must be issued by OFCOM within twelve months from the commencement of this section.
(2C)  Before publishing or revising the guidance OFCOM must consult with every person providing a protected programme service and any other person as they think fit.
(2D)  It shall be the duty of OFCOM to carry out regular reviews of the operation of the access related conditions set in accordance with subsection (2)(b) and the guidance in respect of them and to prepare and publish a report on every review in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.
(2E)  Every report published by OFCOM under this section must set out OFCOM's findings in carrying out the review, any recommendations made by them and any changes to the guidance as OFCOM consider appropriate."
 

Clause 268

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

195CAPage 240, line 37, at end insert—
"(   )  Conditions may not be imposed under this section requiring so much of any arrangements as are entered into or kept in force for securing the third objective to apply in the case of any ancillary service which is not a broadcast service."
 

Clause 269

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

195CBPage 241, line 26, leave out "to be broadcast"
195CCPage 241, line 26, leave out "that is" and insert "over which broadcasts are"
195CDPage 241, line 33, leave out "broadcast so as to be"
195CEPage 242, line 13, at end insert—
"(   )  Conditions may not be imposed under this section requiring so much of any arrangements as are entered into or kept in force for securing the third objective to apply in the case of any ancillary service which is not a broadcast service."
 

Clause 270

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

195CFPage 243, line 13, leave out paragraph (c) and insert—
"(   )  that all persons providing must-provide services contribute such proportion of the cost of making that facility available as is determined by OFCOM as appropriate;"
195CGPage 244, line 15, leave out subsection (11) and insert—
"(   )  An order under section 403 must not appoint a day for provisions of this section to come into force that falls—
(a)  less than six months after the day on which the order is made;
(b)  more than six months before digital switchover."
195CHPage 244, line 17, at end insert—
"(   )  In this section a reference to digital switchover is a reference to the date fixed by the Secretary of State for the purposes of this section as the date which appears to him to be the date after which at least one of the licensed public service channels will cease to broadcast to any significant extent in analogue form in any part of the United Kingdom."
 

Clause 271

 

THE BARONESS BLACKSTONE

195DPage 244, line 29, at end insert—
"(   )  In determining whether it is appropriate, by an order under subsection (2), to add a service to the list of must-provide services or to remove a service from that list, the Secretary of State must have regard, in particular, to—
(a)  the public benefit to be secured by the addition of the service to the list, or by its retention in the list;
(b)  the likely effect of the proposed modification as respects the costs to be borne, under arrangements entered into or imposed under section 270, by the persons who, after the coming into force of the modification, would have to be parties to those arrangements; and
(c)  the extent to which that effect is proportionate to the benefit mentioned in paragraph (a)."
 

Clause 273

 

THE LORD ALLI
THE LORD LIPSEY
THE LORD McNALLY

196Page 245, line 7, after "total" insert "annual budget allocated to the production and acquisition of qualifying programmes included in the channel, and not less than 25 per cent of the total"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

197Page 245, line 15, after "programmes" insert "which are made by independent producers"
198Page 245, line 21, at end insert—
"(   )  a reference to an independent producer is a reference to a producer who is not an employee of a broadcasting company and which is not a body corporate deriving more than 33 per cent of its gross annual revenue from a related broadcaster; and
(   )  a reference to a "related broadcaster" is a reference to a broadcaster which is either wholly or partly owned by, or wholly or partly owns, a producer."
 

THE LORD ALLI
THE LORD LIPSEY
THE LORD McNALLY

199Page 245, line 21, at end insert—
"(d)  the reference to the total annual budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection"
 

THE LORD CRICKHOWELL

199ZAPage 246, line 25, at end insert—
"(   )  It shall be the duty of OFCOM to carry out regular reviews of the operation of the provisions of any order made by the Secretary of State under subsection (2), and the first such review must be carried out no more than 12 months after the commencement of this section and subsequent reviews must be carried out at such intervals as OFCOM may determine.
(   )  OFCOM must send a report of every review to the Secretary of State and publish such report in such manner as they consider appropriate, and the report on a review must set out OFCOM's recommendations, in consequence of their conclusions on the review, for the exercise by the Secretary of State of his power to make an order under subsection (2) describing the programmes that are to be independent productions for the purposes of this section."
 

Clause 274

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

199APage 247, line 6, at end insert—
"(   )  In determining appropriate proportions for the purposes of subsections (1) and (2), OFCOM shall have regard to the number of viewers of the public service channel in question."
 

After Clause 274

 

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

200Insert the following new Clause—
  "Reviews of certain production and programme-making requirements
(1)  It shall be the duty of OFCOM from time to time to carry out general reviews of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12.
(2)  The first such review must be carried out no later than two years after the coming into force of section 273.
(3)  Every subsequent review must be carried out no more than three years after the previous one.
(4)  Every review under this section shall consider—
(a)  the revenue of each licensed public service channel; and
(b)  the audience share of each public service channel.
(5)  If, on a review under this section, OFCOM are satisfied that modifications are required of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12, they may—
(a)  require the relevant licensee or the BBC or S4C to give effect to the modifications proposed by OFCOM; or
(b)  in the case of arrangements imposed by OFCOM, make those modifications themselves."
201[Re-tabled as amendment 199A]

 
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©Parliamentary copyright 2003
2 June 2003