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

House of Lords

back to previous amendments

 

Clause 62

 

THE LORD ADDINGTON

53*Page 64, line 20, at end insert "(including apparatus for end-users with disabilities)"
 

Clause 65

 

THE LORD McINTOSH OF HARINGEY

54Page 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."
55Page 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 91

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

56Page 87, line 29, leave out "give that person a notification" and insert "conduct an investigation"
57Page 87, leave out line 30 and insert "The power conferred by subsection (1) is to be exercised by a notice in writing; and a notice must—"
58Page 87, line 31, leave out "sets out the determination" and insert "indicate the reasons for the investigation being"
59Page 87, line 32, leave out "specifies" and insert "specify"
60Page 87, line 32, leave out from "which" to "made" in line 33 and insert "the investigation is being"
61Page 87, line 34, leave out "specifies" and insert "specify"
62Page 87, line 35, leave out from "opportunity" to end and insert "to make representations about the matters notified"
63Page 87, line 36, leave out subsection (3)
64Page 87, line 41, leave out subsections (4) to (11) and insert—
"(   )  OFCOM may by regulations make rules and procedures in connection with the carrying into effect of the provisions of sections 91 to 100.
(   )  Section 396 applies to the power of OFCOM to make regulations under this section."
 

Clause 101

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD AVEBURY

65Page 97, line 1, leave out paragraph (a)
 

Clause 103

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

66Page 98, line 41, at end insert—
"(   )  In this section persons to whom the electronic communications code may be applied shall not be restricted to telecommunications operators."
 

Clause 117

 

THE LORD McINTOSH OF HARINGEY

67Page 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
68Page 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)."
69Page 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 BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD AVEBURY
THE VISCOUNT FALKLAND

70Page 112, line 18, at end insert—
"(   )  that the provisions of the code will not discourage innovation and investment in new forms of content based communications services;"
 

THE LORD McINTOSH OF HARINGEY

71Page 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

72Page 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."
 

After Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

73Insert 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,
(b)  in choosing a supplier of such services, or
(c)  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) above 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

74Page 143, line 14, at end insert—
"(1A)  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."
75*Page 143, line 25, leave out subsections (5) to (7)
 

Schedule 5

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

76Page 370, line 38, leave out paragraph (c)
77Page 371, line 22, at end insert "but such a revocation or modification may only be made with the consent of that person, or where that person has contravened a condition or restriction of the grant and OFCOM consider that the revocation or the proposed modification is proportionate and appropriate in the circumstances of that contravention"
78Page 371, line 26, leave out from beginning to end of line 3 on page 372 and insert "give notice of the proposal to the holder of the grant, and that notice shall state the reasons for the proposal.
(1A)      The holder of a grant who receives a notice under sub-paragraph (1) shall be entitled to make representations to OFCOM within such period, not being less than one month after the day the notice was given to the holder, and OFCOM may, if they think fit, extend that period on one or more occasions.
(1B)      OFCOM may specify a shorter period than one month in the notice given under sub-paragraph (1) if—"
79Page 372, line 5, leave out "or an urgent case"
80Page 372, line 8, leave out paragraph (c)
81Page 372, line 9, leave out sub-paragraph (7)
82Page 372, line 33, at end insert "or such shorter period as may be agreed with the person to whom the notification was given"
83Page 372, line 35, leave out from "proposal" to "; and" in line 36
84Page 372, line 46, leave out from "modification" to "compliance" in line 47 and insert "in order to secure"
 

Clause 158

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

85Page 145, line 1, leave out subsection (3)
 

Clause 161

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

86Page 147, line 13, leave out "and grants of recognised spectrum access"
87Page 147, line 16, leave out "and grants of recognised spectrum access"
88Page 147, line 20, leave out "and grants of recognised spectrum access"
89Page 147, line 21, leave out "or made"
90Page 147, line 23, leave out "or grants of spectrum access made"
91Page 147, leave out lines 37 to 39
 

Clause 165

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

92Page 150, line 30, at end insert "and"
93Page 150, line 34, leave out from second "and" to end of line 42
94Page 150, line 44, leave out "or grant of recognised spectrum access"
95Page 151, line 4, leave out "or grant"
96Page 151, line 8, leave out "or grant of recognised spectrum access"
97Page 151, line 9, leave out "or making"
98Page 151, line 31, at end insert—
"(   )  Paragraphs (a), (c), (d), (i), (j) and (k) of subsection (3) shall also have effect as if they applied to the grant of recognised spectrum access."
99Page 151, line 32, leave out "or grant of recognised spectrum access"
 

Clause 195

 

THE LORD GORDON OF STRATHBLANE

100Page 175, line 11, leave out from "OFCOM" to end of line 15 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)  "
 

THE LORD McINTOSH OF HARINGEY

101Page 175, line 13, leave out paragraph (a) and insert—
"(a)  the BBC Charter and Agreement, and"
102Page 175, line 19, leave out "an agreement falling within subsection (1)(a)" and insert "or under the BBC Charter and Agreement"
103Page 175, line 22, leave out "the agreement" and insert "that Charter and Agreement"
104Page 175, line 23, leave out "such an agreement" and insert "that Charter and Agreement"
105Page 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."
106Page 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"
 

THE VISCOUNT ASTOR
THE LORD ALLI

107Page 176, line 4, at end insert—
"(10)  It shall be the function of OFCOM to oversee the terms of trade between the producers of independent radio and the BBC.
(11)  In subsection (10), a reference to the producers of independent radio is a reference to such producers as the Secretary of State may by order specify."

 
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20 June 2003