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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Marshalled List]


 

Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

123A*Page 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."
 

After Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

125A*Insert 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 156

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

134A*Page 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."
134B*Page 143, line 25, leave out subsections (5) to (7)
 

Schedule 5

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

134C*Page 370, line 38, leave out paragraph (c)
134D*Page 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."
134E*Page 371, line 20, leave out paragraphs 5 to 7
 

Clause 161

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

136A*Page 147, line 13, leave out "and grants of recognised spectrum access"
136B*Page 147, line 16, leave out "and grants of recognised spectrum access"
136C*Page 147, line 20, leave out "and grants of recognised spectrum access"
136D*Page 147, line 21, leave out "or made"
136E*Page 147, line 23, leave out "or grants of spectrum access made"
136F*Page 147, leave out lines 37 to 39
 

Clause 165

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

138A*Page 150, line 44, leave out "or grant of recognised spectrum access"
138B*Page 151, line 4, leave out "or grant"
138C*Page 151, line 8, leave out "or grant of recognised spectrum access"
138D*Page 151, line 9, leave out from "or making"
140A*Page 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."
141A*Page 151, line 32, leave out "or grant of recognised spectrum access"
 

After Clause 195

 

THE VISCOUNT ASTOR

153A*Insert the following new Clause—
  "Duty of OFCOM in relation to the BBC's new services
(1)  Prior to the Secretary of State approving under the Charter or the Agreement the provision by the BBC of any new service or changes to an existing service whether or not a broadcasting or programme supply service it shall be the duty of OFCOM to prepare and publish a report commenting on whether the proposed new service or changes to the existing service will satisfy the objectives set out in subsection (2).
(2)  The objectives referred to in subsection (1) are—
(a)  that the new service or the changes to the existing service are compatible with the BBC's primary public service role as set out in the Charter and Agreement and that it shall further any or all of the public purposes of the BBC or any of the services it provides as set out in those documents;
(b)  that the value to the public of the new service or changes to an existing service will be proportionate to the likely impact on the market;
(c)  that the new service will be universally accessible within a reasonable period of time and free at the point of use;
(d)  that the new service or the changes to the existing service will represent value for money for licence fee payers.
(3)  It shall be the duty of OFCOM—
(a)  as soon as practicable after the end of the period of twelve months beginning with the commencement of this section; and
(b)  as soon as practicable after the end of each subsequent period as may be selected by OFCOM for the purposes of this section to satisfy, for that period, the review and reporting obligations of subsection (4).
(4)  The review and reporting obligations are—
(a)  an obligation to carry out a review of the extent to which new service provided by the BBC and changes to existing services—
(i)  comply with the terms of the approval granted by the Secretary of State for such new services or changes to existing services; and
(ii)  satisfy the objectives set out in subsection (2);
(b)  an obligation to prepare a report on the matters found in the review.
(5)  In this section—
 "Charter" means the Royal Charter for the Continuance of the British Broadcasting Corporation (May 1996) and any renewal or replacement thereof;
 "Agreement" means any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services and the carrying on by the BBC of other activities for purposes connected with the provision of those services.
(6)  In this section for the purposes of the review and reporting obligations of OFCOM "new services" shall mean all new services approved (whether before or after the coming into force of this section) by the Secretary of State under the Charter or the Agreement."
153B*Insert the following new Clause—
  "OFCOM to review duties in relation to BBC's services
(1)  Prior to the Secretary of State approving under the Charter or the Agreement the provision by the BBC of any new service or changes to an existing service whether or not a broadcasting or programme supply service it shall be the duty of OFCOM to prepare and publish a report commenting on whether the proposed new service or changes to the existing service will satisfy the objectives set out in subsection (2).
(2)  The objectives referred to in subsection (1) are—
(a)  that the new service or the changes to the existing service are compatible with the BBC's primary public service role as set out in the Charter and Agreement and that it shall further any or all of the public purposes of the BBC or any of the services it provides as set out in those documents;
(b)  that the value to the public of the new service or changes to an existing service will be proportionate to the likely impact on the market;
(c)  that the new service will be universally accessible within a reasonable period of time and free at the point of use;
(d)  that the new service or the changes to the existing service will represent value for money for licence fee payers.
(3)  The BBC shall—
(a)  as soon as practicable after the coming into force of this section and subsequently at annual intervals prepare and publish a statement of programme policy for each of the BBC's services; and
(b)  monitor its own performance in the carrying out of the proposals contained in the statements.
(4)  Every statement of programme policy must include—
(a)  proposals for securing that during the following year—
(i)  the public service role of the BBC and the BBC's services will be fulfilled;
(ii)  the functions, duties and obligations of the BBC and the BBC's services as set out in the Charter and Agreement will be fulfilled; and
(iii)  such other matters as OFCOM may determine from time to time;
(b)  a report on the performance of the BBC in the carrying out, during the period since the previous statement, of the proposals contained in that statement.
(5)  It shall be the duty of OFCOM as soon as practicable after the end of the period of twelve months beginning with the commencement of this section and thereafter at such periods as OFCOM may determine to prepare and publish a report which must—
(a)  comment on the extent to which new services provided by the BBC and changes to existing services—
(i)  comply with the terms of the approval granted by the Secretary of State for such new services or changes to existing services; and
(ii)  satisfy the objectives set out in subsection (2);
(b)  comment on the extent to which the BBC has—
(i)  fulfilled any statement of programme policy made by it;
(ii)  made an adequate contribution towards the satisfaction of the general purposes of public service television broadcasting in the United Kingdom set out in section 260(4); and
(c)  specify the changes which in the opinion of OFCOM are required to the agreement between the BBC and the Secretary of State to ensure that the BBC fulfils the statements of programme policy referred to in subsection (3) and that the BBC makes an adequate contribution to public service television broadcasting in the United Kingdom.
(6)  In this section—
 "Charter" means the Royal Charter for the Continuance of the British Broadcasting Corporation (May 1996) and any renewal or replacement thereof;
 "Agreement" means any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services and to carrying on by the BBC of other activities for purposes connected with the provision of those services.
(7)  In this section "new services" shall mean all new services approved (whether before or after the coming into force of this section) by the Secretary of State under the Charter or the Agreement."
 

Clause 403

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

329*Page 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."

 
 
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©Parliamentary copyright 2003
6 May 2003