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

House of Lords

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"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.
 

THE BARONESS BLACKSTONE

322AZAPage 542, line 12, at end insert—
 

"Transitory amendments to telecommunications terms in Broadcasting Act 1990

 23A   (1)   This paragraph has effect, in the case of each of the provisions of the 1990 Act to which it applies, in relation to times between—
(a)  the commencement of Chapter 1 of Part 2 of this Act; and
(b)  the commencement of so much of this Act (apart from this paragraph) as amends or repeals that provision.
(2)      The provisions of the 1990 Act set out in sub-paragraph (3) shall have effect (subject to sub-paragraph (4)) as if—
(a)  for every reference to a telecommunication system there were substituted a reference to an electronic communications network; and
(b)  for references to running such a system there were substituted references to providing it.
(3)      Those provisions of the 1990 Act are—
(a)  section 46 (licensable programme services);
(b)  section 51(1)(a) (procedures for consideration of applications for additional services licences);
(c)  section 72 (local delivery services);
(d)  section 75 (procedures for consideration of applications for local delivery licences);
(e)  section 112 (licensable sound programme services);
(f)  section 117(1)(a) (procedures for consideration of applications for additional services licences);
(g)  section 181 (apparatus deemed to be apparatus for wireless telegraphy).
(4)      Sections 46(2) (licensable programme services), 112(2) (licensable sound programme services) and 201(2) (programme services) of the 1990 Act shall each have effect as if for paragraph (b) there were substituted—
    "(b)  a service which satisfies the conditions in section 230(5) of the Communications Act 2003;".
(5)      In sections 48 and 114 of the 1990 Act (additional services), references to electronic signals shall have effect as references to signals within the meaning of section 29 of this Act.
(6)      Section 75(2) of the 1990 Act (consultation with relevant licensing authorities) shall have effect as if in paragraph (b) for the words "would be required to be licensed" there were substituted "is a system which (but for repeals made by the Communications Act 2003) would have been required to be licensed".
(7)      In section 181 of the 1990 Act (apparatus deemed to be apparatus for wireless telegraphy), "connected"—
(a)  shall continue to be construed in accordance (notwithstanding its repeal) with section 4 of the 1984 Act; but
(b)  shall be so construed as if, in that section of the 1984 Act, a reference to an electronic communications network were substituted for every reference to a telecommunication system.
(8)      Part 5 of Schedule 2 to the 1990 Act (restriction on holding of licences by operators of public telecommunication systems) and the Broadcasting (Restrictions on the Holding of Licences) Order 1991 (S.I. 1991/1176) shall have effect as if references to a national public telecommunications operator were references to a person who provides an electronic communications network so as to make it available for use by members of the public in the whole, or substantially the whole, of the United Kingdom."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

322ZAPage 553, line 43, leave out "and OFCOM"
 

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. 7)In section 12(4), in the definition of "programme services", the words from "(including" to "local delivery services"."
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

328Page 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."
 

Clause 402

 

THE BARONESS BLACKSTONE

328APage 352, line 39, leave out "or"
 

Clause 403

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

329Page 353, line 5, at end insert—
"(   )  Before making an order under subsection (2) appointing a day for the coming into force of section (Restrictive covenants affecting freehold property), the Secretary of State shall consult OFCOM and such other persons as appear to the Secretary of State to be appropriate."
 

THE EARL OF NORTHESK

330Page 353, line 5, at end insert—
"(   )  The Secretary of State shall not make an order under subsection (2) until the requirements of Directive 98/34/EC (as amended by Directive 98/48/EC), including any relevant notifications and standstill periods, have been complied with in relation to the provisions to be brought into force by the order."

 
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4 June 2003