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Amendments to the Communications Bill

Communications Bill


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


 

Clause 8

 

THE LORD PEYTON OF YEOVIL

The Lord Peyton of Yeovil gives notice of his intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 11

 

THE LORD PEYTON OF YEOVIL

Page 12, line 3, leave out subsection (6)
 

Clause 72

 

THE LORD GORDON OF STRATHBLANE

Page 72, line 37, 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 sub-section (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 sub-section (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 195

 

THE LORD GORDON OF STRATHBLANE

Page 175, line 21, leave out all from "OFCOM" to "other" in line 27 and insert—
"(a)  to approve or amend all BBC Statements of Programme Policy and to satisfy themselves that the Governors of the BBC have ensured adherence to them;
(b)  to advise the Secretary of State as to whether the BBC should be permitted to introduce new television or radio services, alter the character of existing services or cease to provide them;
(c)  to satisfy themselves that the BBC has followed best practice in its expenditure of funds raised by the licence fee and from other sources;
(d)  to ensure that any cross promotion by the BBC does not unduly distort any market; and
(e)  "
 

Clause 204

 

THE LORD PRYS-DAVIES

Page 181, line 26, after "Authority)," insert—
"(a)  for "may" there shall be substituted "shall"; and
(b)  "
 

Clause 61

 

THE LORD LIPSEY

Page 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".
Page 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 273

 

THE LORD CRICKHOWELL

Page 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 330

 

THE LORD CRICKHOWELL

Page 291, line 9, at end insert—
"(10)  In the case of a licence holder which is part of a group of licence holders which are in common ownership OFCOM may determine that the arrangements specified in subsections (1) to (3) may be made by the owner of that group on the licence holder's behalf and the threshold number of persons referred to in subsection (6)(a) shall be applied to the persons employed by the owner of that group as if it applied to persons employed by the person licensed to provide the service.
(11)  OFCOM may publish guidance to licence holders as to the circumstances in which such a determination is likely to be made.
(12)  The publication of guidance under subsection (11) is to be in such manner as OFCOM consider appropriate."
 

Clause 342

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 298, line 2, leave out "Channel 3 services and"
Page 298, line 3, leave out "Parts 3 and" and insert "Part"
 

Schedule 14

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 428, line 10, leave out paragraphs 1 to 6
 

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 376

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 330, line 2, leave out "OFCOM,"
 

Schedule 18

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 553, line 43, leave out "and OFCOM"

 
 
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9 May 2003