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

House of Lords

back to previous amendments

 

After Clause 209

 

THE BARONESS FINLAY OF LLANDAFF

115Insert the following new Clause—
  "Duty to establish and maintain National Communications Councils
(1)  It shall be the duty of OFCOM to establish and maintain National Communications Councils for England, Scotland, Wales and Northern Ireland.
(2)  The chair and members of these Councils shall be appointed by OFCOM.
(3)  In making appointments under subsection (2) in respect of Scotland, Wales and Northern Ireland, OFCOM shall seek nominations from the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly respectively.
11                      12(4)  The National Communications Councils may review all of OFCOM's work in respect of their individual territories.
(5)  The National Communications Councils may issue such recommendations to OFCOM or the Secretary of State with respect to their territories as they see fit.
(6)  The National Communications Councils shall produce an annual report on their activities."
 

THE LORD ROBERTS OF CONWY
[As amendments to amendment 115]

116Line 11, leave out "all of"
117Line 12, at end insert "where such work affects devolved matters"
 

Clause 215

 

THE LORD ADDINGTON

118*Page 191, line 5, at end insert "and which is, so far as practicable, accessible to persons who are blind or have a dual sensory impairment".
 

Clause 230

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

119Page 206, line 3, at end insert "either"
120Page 206, line 7, at end insert "or
(ii)  the service of which it forms part, or by which it may be accessed, is provided for purposes that do consist wholly or mainly in making available television programmes or radio programmes (or both) for reception by members of the public but access to it cannot be obtained by way of a facility included in any television or radio programme which permits such access to be obtained immediately by the execution of a single action."
 

Clause 245

 

THE LORD McINTOSH OF HARINGEY

121*Page 218, line 38, leave out "or"
122*Page 218, line 40, at end insert "; or
(   )   it is comprised in a television licensable content service."
 

After Clause 257

 

THE LORD McINTOSH OF HARINGEY

123Insert 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 258

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

124*Leave out Clause 258 and insert the following new Clause—
  "Community radio
(1)  In subsection (2) of section 84 of the 1990 Act (regulations by authority of independent radio services) after paragraph (a)(iii) there shall be inserted—
  "or—
(iv)  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 (a "community service")".
(2)  In subsection (6) of section 104 of the 1990 Act (application for other licences) in paragraph (b) after "satellite" there shall be inserted ", community".
(3)  After that subsection there shall be inserted—
"(6A)  In determining whether or to whom to grant a licence to provide a community service and the duration of such licence OFCOM shall have regard to the extent to which the proposed service—
(a)  would confer significant benefits on the public or on the particular community for which it is proposed to be provided;
(b)  demonstrates evidence of support by the public or the particular community for which it is proposed to be provided;
(c)  includes provision for public access to training, production and broadcast facilities;
(d)  includes measures to ensure accountability to and participation by the public or the particular community for which it is proposed to be provided; and
(e)  would be distinctive from existing local sound broadcasting services licensed to cover over 50 per cent of the proposed service's coverage area."
 

Clause 260

 

THE LORD HOLME OF CHELTENHAM
THE LORD LIPSEY
THE BARONESS BUSCOMBE
THE LORD McNALLY

125*Page 231, line 20, after "facilitating" insert "civic understanding and"
126*Page 231, line 21, at end insert ", the proceedings of Parliament and the other elected legislatures within the United Kingdom"
 

THE LORD McINTOSH OF HARINGEY

127Page 231, line 28, at end insert ", of programmes of an educational nature and of other programmes of educative value"
128*Page 231, line 31, after "religion" insert "and other beliefs"
129*Page 231, line 32, at end insert—
"(   )  that the programmes included in those services that deal with religion and other beliefs include—
(i)  programmes providing news and other information about different religions and other beliefs;
(ii)  programmes about the history of different religions and other beliefs; and
(iii)  programmes showing acts of worship and other ceremonies and practices (including some showing acts of worship and other ceremonies in their entirety);"
130Page 231, line 34, after "quantity" insert "and range"
 

THE BARONESS HOWE OF IDLICOTE

131Page 231, line 35, at end insert "of which a significant proportion should be intended for audiences in the United Kingdom"
 

THE LORD McINTOSH OF HARINGEY

132Page 232, line 19, leave out from beginning to second "and" and insert "the BBC Charter and Agreement"
133*Page 232, line 38, at end insert—
"(   )  In this section "belief" means a collective belief in, or other adherence to, a systemised set of ethical or philosophical principles or of mystical or transcendental doctrines."
 

Clause 72

 

THE LORD GORDON OF STRATHBLANE

134Page 72, line 36, at end insert—
"(   )  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 subsection (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.
(   )  Such guidance must be issued by OFCOM within twelve months from the commencement of this section.
(   )  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.
(   )  It shall be the duty of OFCOM to carry out regular reviews of the operation of the access related conditions set in accordance with subsection (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.
(   )  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 268

 

THE LORD ADDINGTON

135*Page 240, line 37, at end insert—
"(   )  Arrangements required by subsection (6)(a) shall include arrangements for ensuring audio-description for the blind is transmitted in an intelligible format."
 

Clause 269

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

136Page 241, line 26, leave out "to be broadcast"
137Page 241, line 26, leave out "that is" and insert "over which broadcasts are"
138Page 241, line 33, leave out "broadcast so as to be"
 

THE LORD ADDINGTON

139*Page 242, line 13, at end insert—
"(   )  Arrangements required by subsection (6)(a) shall include arrangements for ensuring audio-description for the blind is transmitted in an intelligible format."
 

Clause 273

 

THE LORD ALLI

140*Page 245, line 16, leave out from "total" to end of line 18 and insert "annual budget allocated to the production and acquisition of qualifying programmes included in the channel; and
(b)  not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes included in the channel
  is allocated to the broadcasting of a range and diversity of independent productions"
141*Page 245, line 30, at end insert "; and
(d)  the reference to the total annual budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection."
 

Clause 276

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE
THE LORD GORDON OF STRATHBLANE

142Page 249, line 17, leave out paragraphs (a) and (b)
143Page 250, line 7, at end insert—
"(   )  In this section "appointed news provider" means the body corporate appointed for the purposes of subsection (2) as the appointed provider."
 

Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE
THE LORD GORDON OF STRATHBLANE

144Page 250, line 10, leave out "repeal" and insert "modify"
145Page 250, line 10, leave out "and section 32 of the 1990 Act"
 

After Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY

146Insert the following new Clause—
  "Repeal of existing nominated news provider regime
  Section 32 of the Broadcasting Act 1990 (c. 42) (nomination of bodies to provide news for regional Channel 3 services) shall cease to have effect."
 

After Clause 282

 

THE LORD RENTON OF MOUNT HARRY
THE LORD CRICKHOWELL

147Insert the following new Clause—
  "Variation of public service obligations of Channel 5
(1)  In the event that the share of audience or share of revenue of Channel 5 for any twelve month period is in excess of 15 per cent, as measured by OFCOM in their review under section 351, the Secretary of State shall by order, require OFCOM to review the conditions placed upon Channel 5 under sections 274 and 281.
(2)  Following such a review, OFCOM shall be required to increase the proportions of original and regional programmes required to be produced by Channel 5 to meet or exceed those most recently required of Channel 3.
(3)  In the event that Channel 3, in the same period, had a share of audience or share of revenue below 15 per cent, the proportions of original and regional programmes required to be produced by Channel 5 should be no less than those levels produced by Channel 3 when its share of audience was last at or above 15 per cent."
 

Clause 297

 

THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

148*Page 265, line 24, after "blind" insert ", however—
(i)  in calculating such percentage it shall apply only to programmes which have not previously been audio-described, and
(ii)  OFCOM shall have the power to vary the percentage for broadcasters for whom a target of 10 per cent would not be appropriate;"
 

Clause 298

 

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

149Page 264, line 42, leave out "from time to time" and insert "at least once every three years"
150Page 265, line 4, at end insert "and
(iii)  persons with a dual sensory impairment,"
 

THE LORD ADDINGTON

151*Page 265, line 20, at end insert—
"(   )  that at least 50 per cent in every week of so much of—
(i)  a Channel 3 service,
(ii)  Channel 4,
(iii)  Channel 5, or
(iv)  S4C Digital
  as consists of programmes that are not excluded programmes must be accompanied by audio-description for the blind."
152*Page 265, line 21, after "every" insert "other"
 

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

153Page 265, line 28, at end insert—
"(   )  that all channels should achieve at least 40 per cent of their 10 year target by the first anniversary of the relevant date; and at least 90 per cent of their 10 year target by the fifth anniversary of the relevant date."
154Page 265, line 34, leave out "that OFCOM consider" and insert "and the number of viewers per programme which would lead OFCOM to consider whether they"
 

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

155Page 265, line 38, after "benefit" insert "as perceived by the disabled person"
 

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

156Page 265, line 42, at end insert—
"(   )  the views of organisations representing persons who are hearing or visually impaired;"

 
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20 June 2003