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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 3

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 3, line 15, leave out paragraph (c) and insert—
"(c)  the availability throughout the United Kingdom of a wide range of television and radio services (and in particular the diversity of elements within such services) which (taken as a whole) are both of high quality and calculated to appeal to a variety of tastes and interests;"
 

THE LORD McINTOSH OF HARINGEY

Page 4, line 9, leave out "and of those" and insert ",of the different ethnic communities within the United Kingdom and of persons"
 

Clause 7

 

THE LORD McINTOSH OF HARINGEY

Page 8, line 41, at end insert—
"(3A)  An assessment under subsection (3)(a) must set out how, in OFCOM's opinion, the performance of their general duties (within the meaning of section 3) is secured or furthered by or in relation to what they propose."
 

After Clause 9

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Duty to encourage availability of easily usable apparatus
(1)  It shall be the duty of OFCOM to take such steps, and to enter into such arrangements, as appear to them calculated to encourage others to secure—
(a)  that domestic electronic communications apparatus is developed which is capable of being used with ease and without modification by the widest possible range of individuals (including those with disabilities); and
(b)  that domestic electronic communications apparatus which is capable of being so used is as widely available as possible for acquisition by those wishing to use it.
(2)  It shall be the duty of OFCOM from time to time to review whether they need to take further steps, or to enter into further arrangements, for the purpose of performing their duty under this section.
(3)  OFCOM must not do anything under this section that would be inconsistent with the Community requirements set out in section 4.
(4)  In this section "electronic communications apparatus" means apparatus that is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network.
(5)  For the purposes of this section electronic communications apparatus is domestic electronic communications apparatus except to the extent that it is designed or adapted for use solely for the purposes of, or in connection with, a business.
(6)  In this section "signal" includes—
(a)  anything comprising speech, music, sounds, visual images or communications or data of any description; and
(b)  signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus."
 

Clause 11

 

THE LORD McINTOSH OF HARINGEY

Page 11, line 35, at end insert—
"(   )  At least one of the other members of the Content Board must also be a non-executive member of OFCOM other than the chairman of OFCOM."
Page 12, line 6, leave out from beginning to second "to" in line 8.
 

Clause 15

 

THE LORD McINTOSH OF HARINGEY

Page 17, line 46, at end insert—
"(   )  The Consumer Panel must—
(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 of twelve months,
  prepare a report on the carrying out of their functions in that period.
(   )  The Consumer Panel must publish each report—
(a)  as soon as practicable after its preparation is complete; and
(b)  in such manner as they consider appropriate."
 

Clause 65

 

THE LORD McINTOSH OF HARINGEY

Page 66, line 40, leave out from "that" to end of line 9 on page 67 and insert "the terms on which a person is provided with anything required by the universal service order do not require him—
(a)  to pay for an unnecessary additional service; or
(b)  to pay, in respect of anything required by the order, any amount that is attributable to the provision to him of such a service.
(   )  The references in subsection (3), in relation to a person, to an unnecessary additional service are references to anything the provision of which—
(a)  he has to accept by reason of his being provided, at his request, with something required by the order ("the requested service"); and
(b)  is not necessary for the purpose of providing him with the requested service."
Page 67, line 15, at end insert—
"(   )  References in this section to providing a person with anything include references to making it available or supplying it to him."
 

Clause 117

 

THE LORD McINTOSH OF HARINGEY

Page 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
Page 111, line 28, at end insert—
"(11A)  A person falls within this subsection if—
(a)  he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)  the use of that network for the provision of premium rate services, or of services that include or may include premium rate services, is authorised by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the relevant service by virtue of subsection (10) or (11)."
Page 111, line 41, at end insert "and
  "intermediary service provider" means a person who—
(a)  provides an electronic communications service used for the provision of the relevant service or an electronic communications network so used; and
(b)  is a party to an agreement with—
(i)  a provider of the relevant service falling within subsection (9)(a) to (d), or
(ii)  another intermediary service provider, which relates to the use of that electronic communications service or network for the provision of premium rate services, or of services that include or may include premium rate services."
 

Clause 118

 

THE LORD McINTOSH OF HARINGEY

Page 112, line 22, at end insert—
"(   )  OFCOM are not for those purposes to approve so much of a code as imposes an obligation as respects a premium rate service on a person who is a provider of the service by virtue only of section 117(11A) ("the relevant provider") unless they are satisfied that the obligation—
(a)  arises only if there is no one who is a provider of the service otherwise than by virtue of section 117(11A) against whom it is practicable to take action;
(b)  arises only after a notice identifying the service and setting out respects in which requirements of the code have been contravened in relation to it has been given to the relevant provider by the person responsible for enforcing the code; and
(c)  is confined to an obligation to secure that electronic communications networks provided by the relevant provider are not used for making the service available to persons who are in the United Kingdom."
 

Clause 119

 

THE LORD McINTOSH OF HARINGEY

Page 113, line 41, at end insert—
"(   )  An order under this section is not to impose an obligation as respects a premium rate service on a person who is a provider of the service by virtue only of section 117(11A) ("the relevant provider") unless the obligation—
(a)  arises only if there is no one who is a provider of the service otherwise than by virtue of section 117(11A) against whom it is practicable to take action;
(b)  arises only after a notice identifying the service and setting out respects in which requirements of the order have been contravened in relation to it has been given to the relevant provider by OFCOM; and
(c)  is confined to an obligation to secure that electronic communications networks provided by the relevant provider are not used for making the service available to persons who are in the United Kingdom."
 

Clause 195

 

THE LORD McINTOSH OF HARINGEY

Page 175, line 13, leave out paragraph (a) and insert—
"(a)  the BBC Charter and Agreement, and"
Page 175, line 19, leave out "an agreement falling within subsection (1)(a)" and insert "or under the BBC Charter and Agreement"
Page 175, line 22, leave out "the agreement" and insert "that Charter and Agreement"
Page 175, line 23, leave out "such an agreement" and insert "that Charter and Agreement"
Page 175, line 24, leave out subsection (3) and insert—
"(3)  The BBC must pay OFCOM such penalties in respect of contraventions by the BBC of provision made by or under—
    (a)  this Part, or
    (b)  the BBC Charter and Agreement,
      as are imposed by OFCOM in exercise of powers conferred on them by that Charter and Agreement."
Page 175, line 32, leave out "by virtue of subsection (3)" and insert "by OFCOM in exercise of a power conferred by virtue of the BBC Charter and Agreement"
 

After Clause 257

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Renewal of radio multiplex licences
  In section 58(2) of the 1996 Act (renewal of radio multiplex licences granted within six years of commencement), for "which is granted within six years" there shall be substituted "granted within ten years"."
 

Clause 260

 

THE LORD McINTOSH OF HARINGEY

Page 231, line 28, at end insert ",of programmes of an educational nature and of other programmes of educative value"
Page 231, line 34, after "quantity" insert "and range"
Page 232, line 19, leave out "any agreement between the BBC and the Secretary of State" and insert "the BBC Charter and Agreement"
 

Clause 298

 

THE LORD ASHLEY OF STOKE

Page 265, line 28, at end insert—
"(   )  that all channels should achieve at least 30 per cent of their 10 year target by the first anniversary of the relevant date; and at least 70 per cent of their 10 year target by the 5th anniversary of the relevant date."
Page 265, line 34, leave out "that Ofcom consider" and insert "the number of viewers per programme which would lead OFCOM to consider whether they"
Page 265, line 38, after "benefit" insert "as perceived by the disabled person"
 

Clause 304

 

THE LORD McINTOSH OF HARINGEY

Page 269, line 11, at end insert—
"(   )  The practices required by the code must also include the incorporation of such features in electronic programme guides as OFCOM consider appropriate for securing that persons with disabilities affecting their sight or hearing or both —
(a)  are able, so far as practicable, to make use of such guides for all the same purposes as persons without such disabilities; and
(b)  are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the programmes listed or promoted."
 

Clause 306

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 270, line 13, leave out paragraph (b) and insert—
"(b)  that the departure would not narrow the range of programmes (including in particular the diversity of music) available by way of relevant independent radio services to persons living in the area or locality for which the service is to be provided;"
 

Clause 310

 

THE LORD McINTOSH OF HARINGEY

Page 273, line 42, at end insert—
"(3A)  If OFCOM have decided to exercise any of their Broadcasting Act powers for a competition purpose, they must, on or before doing so, give a notification of their decision.
(3B)  A notification under subsection (3A) must—
(a)  be given to such persons, or published in such manner, as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM's opinion, are likely to be affected by their decision; and
(b)  must describe the rights conferred by subsection (4) on the persons affected by that decision."
 

Clause 355

 

THE LORD McINTOSH OF HARINGEY

Page 311, line 14, at end insert—
  ""the BBC Charter and Agreement" means the following documents, or any one or more of them, so far as they are for the time being in force—
    (a)  a Royal Charter for the continuance of the BBC;
    (b)  supplemental Charters obtained by the BBC under such a Royal Charter;
    (c)  an agreement between the BBC and the Secretary of State entered into (whether before or after the passing of this Act) for purposes that include the regulation of activities carried on by the BBC."
 

Clause 385

 

THE LORD McINTOSH OF HARINGEY

Page 334, line 22, at end insert—
"(   )  References in this section to penalties imposed by OFCOM under provisions contained in this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 195(3)."
 

Clause 393

 

THE LORD McINTOSH OF HARINGEY

Page 341, line 23, at end insert—
"(   )  References in this section to penalties imposed by OFCOM under Part 3 of this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 195(3)."
 

Schedule 12

 

THE LORD McINTOSH OF HARINGEY

Page 402, line 43, leave out from "under" to end of line 45 and insert "the BBC Charter and Agreement"

 
 
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©Parliamentary copyright 2003
17 June 2003