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Amendments to the Communications Bill

Communications Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 18th June 2003, as follows—
Clauses 1 and 2
Schedule 1
Clauses 3 to 27
Schedule 2
Clauses 28 to 60
Clauses 62 to 70
Clauses 74 to 103
Schedule 3
Clauses 104 to 115
Schedule 4
Clauses 116 to 156
Schedule 5
Clauses 157 to 177
Schedule 6
Clauses 178 and 179
Schedule 7
Clauses 180 to 189
Schedule 8
Clauses 190 to 196
Schedule 9
Clauses 197 to 216
Schedule 10
Clauses 217 to 267
Clause 61
Clauses 72 and 73
Clauses 268 to 289
Schedule 11
Clauses 290 to 305
Clause 71
Clauses 306 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 3

 

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

1*Page 3, line 3, leave out subsection (1) and insert—
"(1)  It shall be the principal duty of OFCOM, in carrying out their functions—
(a)  to further the interests of citizens in relation to communications matters; and
(b)  in that context, to further the interests of consumers in relevant markets;
  and to do so where appropriate by promoting competition.
(1A)  Where it appears to OFCOM, in relation to the carrying out of any of their functions under Chapter 1 of Part 2, that the requirement specified in subsection (1)(a) conflicts with the requirement specified in subsection (1)(b), they may give priority to the requirement specified in subsection (1)(b)."
 

THE LORD PHILLIPS OF SUDBURY
THE BARONESS O'NEILL OF BENGARVE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE

2*Page 3, line 7, at end insert"; and
(   )  to further the purposes of public service broadcasting where relevant."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

3*Page 3, line 16, after "services" insert "(and in particular the diversity of elements within such services)"
 

THE EARL OF NORTHESK
THE BARONESS HOWE OF IDLICOTE
THE LORD ST. JOHN OF BLETSO

4Page 3, line 29, at end insert—
"(   )  the application, in the case of electronic communications network services, of standards that provide adequate protection to members of the public and all other persons from unwarranted infringements of privacy resulting from activities carried on for the purposes of such services;"
 

THE EARL OF NORTHESK
THE LORD GORDON OF STRATHBLANE
THE LORD ST. JOHN OF BLETSO

5Page 3, line 29, at end insert—
"(   )  the desirability of encouraging the best means of access to systems of delivery of high speed data transfer throughout the United Kingdom, and, as appropriate, encouraging competitive markets in such systems;"
 

THE BARONESS HOWE OF IDLICOTE

6Page 3, line 29, at end insert—
"(g)  the availability of adequate means for considering and, where necessary, redressing complaints from the public about alleged lapses from the standards referred to in paragraphs (e) and (f)"
 

THE BARONESS BUSCOMBE
THE LORD AVEBURY

7Page 3, line 30, after "OFCOM" insert "shall take particular account of the importance of applying, wherever possible, the principles of good regulation, namely transparency, accountability, proportionality, consistency and targeting only in cases in which action is needed and, subject thereto,"
8Page 3, line 34, leave out paragraph (b)
 

THE BARONESS HOWE OF IDLICOTE

9Page 3, line 49, at end insert "consistently with the proper protection of other fundamental rights"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

10*Page 4, line 9, after "Kingdom" insert "of people of different ethnic origins and communities and gender"
 

THE LORD McINTOSH OF HARINGEY

11Page 4, line 9, leave out "and of those" and insert ", of the different ethnic communities within the United Kingdom and of persons"
 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

12Page 4, line 12, at end insert—
"(   )  the need for reasonable access to new and emerging forms of telecommunications by persons with disabilities."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

13Page 4, line 22, at end insert "and publish the reasoning for the resolution of any conflict between their general duties"
 

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

14*Page 4, line 39, at end insert—
 ""citizens" means all members of the public in the United Kingdom;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

15*Page 5, line 2, at end insert—
"(   )  OFCOM's report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) (annual report) for each financial year must contain a statement by OFCOM summarising those circumstances where, in OFCOM's opinion, they have been required to reconcile general duties which have been in conflict with each other and how they have sought to do so in the circumstances."
 

After Clause 3

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

16*Insert the following new Clause—
  "Duty to promote community media
(1)  It shall be the duty of OFCOM to take all such steps as they consider appropriate for promoting the growth and development of community media.
(2)  In this section—
 "community media" means communications services provided primarily for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes.
(3)  In subsection (2)—
 "communications services" includes—
(a)  radio and television broadcasting;
(b)  electronic communications networks and services; and
(c)  content services carried by services falling within paragraphs (a) or (b)."
 

Clause 7

 

THE LORD McINTOSH OF HARINGEY

17Page 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."
 

Clause 8

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

18Page 9, line 31, after "publish" insert ", and on an annual basis review,"
19Page 9, line 45, leave out from "have" to end and insert "due regard to the statement for the time being in force under this section with a view to compliance with the standards contained in it unless exceptional circumstances prevent"
20Page 9, line 45, at end insert—
"(   )  It shall also be the duty of OFCOM to publish each year, as soon as is reasonably practicable after the end of the previous year, a report of their performance during that year in relation to the promptness standards described in the statement under subsection (1)."
 

After Clause 8

 

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

21*Insert the following new Clause—
  "Undue delay on the part of OFCOM
(1)  This section applies if the court is satisfied, on the application of a person aggrieved by the failure of OFCOM to comply with the promptness standards set out in the statement for the time being in force under section 8, that there has been undue delay on the part of OFCOM in—
(a)  the carrying out of their different functions; or
(b)  the transaction of business for purposes connected with the carrying out of those functions.
(2)  The court may give such directions to OFCOM as it considers appropriate for securing that the functions or business that are the subject of the application under subsection (1) shall be carried out or transacted without unnecessary further delay.
(3)  In this section "the court" means—
(a)  in England and Wales, the High Court;
(b)  in Scotland, the Court of Session; and
(c)  in Northern Ireland, the High Court."
 

After Clause 9

 

THE LORD McINTOSH OF HARINGEY

22Insert 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

23Page 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."
24Page 12, line 6, leave out from beginning to second "to" in line 8
 

THE LORD GORDON OF STRATHBLANE

25Page 12, line 12, leave out subsection (8)
 

THE LORD DUBS

26Page 12, line 21, at end insert "and OFCOM shall publish the criteria it will apply in carrying out its duty under this subsection"
 

Clause 12

 

THE BARONESS HOWE OF IDLICOTE

27Page 13, line 6, after "networks" insert "including consideration of (and, where necessary, redressing) complaints under section 3(2)(g)"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

28*Page 13, line 9, at end insert "; and
(c)  evaluation of how functions carried out by the Content Board on the regulator's behalf impact negatively or positively (or both) on business competitiveness within the broadcasting sector and those companies affected by the activities of the Content Board"
29*Page 13, line 25, at end insert—
"(   )  In particular the Content Board must make OFCOM aware of the impact of carrying out its functions on the competitiveness of those companies affected."
 

THE BARONESS HOWE OF IDLICOTE

30*Page 13, line 37, at end insert—
"(   )  The Content Board 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 Content Board must publish each report—
(a)  as soon as practicable after its preparation is complete; and
(b)  in such manner as they consider appropriate."

 
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©Parliamentary copyright 2003
20 June 2003