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

House of Lords

back to previous amendments

 

"Media mergers

 20B   (1)   This paragraph applies in relation to any order—
(a)  which is to be made following the giving of—
(i)  an intervention notice which mentions the media plurality public interest consideration; or
(ii)  a special intervention notice which mentions the consideration specified in section 58(2C); and
(b)  to which that consideration is still relevant.
(2)      The order may make such provision as the person making the order considers to be appropriate in all circumstances of the case.
(3)      Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.
(4)       Provision made by virtue of this paragraph may, in particular, include provision—
(a)  altering the constitution of a body corporate (whether in connection with the appointment of directors, the establishment of an editorial board or otherwise);
(b)  requiring the agreement of the relevant authority or another person before the taking of particular action (including the appointment or dismissal of an editor, journalists or directors or acting as a shadow director);
(c)  attaching conditions to the operation of a newspaper or of a licensed programme service;
(d)  prohibiting consultation or co-operation between subsidiaries.
(5)      This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned."
 

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

193Insert the following new Clause—
  "Interim retention of certain restrictions on non-EEA ownership
(1)  For paragraph 1(2) and (3) of Part 2 of Schedule 2 to the 1990 Act, there shall be substituted—
    "(2)  Sub-paragraph (1) shall apply in relation to any Broadcasting Act licence other than a licence to provide a Channel 3 service and a Channel 5 licence as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted."
(2)  OFCOM shall carry out the initial review for the purposes of this section within a year of the coming into force of this section.
(3)  OFCOM may carry out a subsequent review for the purposes of this section at any time during the period which commences a year after the completion of the initial review under subsection (2) and which concludes with the coming into force of the order made under subsection (7).
(4)  A review under this section shall consider whether, in the opinion of OFCOM—
(a)  the provisions of section 273, 274 and 280 to 284 are operating in such a manner as to provide for a fair and transparent programme supply market with respect to Channels 3 and 5;
(b)  the relevant provisions of Chapter 4 of this Part are operating in such a manner as to provide for effective content regulation of Channel 3 and Channel 5 services;
(c)  the provisions of sections 260 to 267 are operating in such a manner as to provide for a continuing significant contribution by Channel 3 and Channel 5 services towards the achievement of the purposes of public service television broadcasting in the United Kingdom specified in section 260;
(d)  the provisions of sections 344 to 349 provide adequate additional safeguards in case of change of control of Channel 3 services or Channel 5; and
(e)  the powers available to OFCOM under the Competition Act 1998 (c. 41), Part 4 of the Enterprise Act 2002 (c. 40) and sections 309 to 311 of this Act are adequate to promote effective competition in the broadcasting market in the United Kingdom.
(5)  When, as a result of a review carried out in accordance with subsections (2) or (3), OFCOM consider that each condition specified in subsection (4) has been met, they shall make a report to that effect to the Secretary of State, giving reasons.
(6)  The Secretary of State shall lay any report made to him under subsection (5) before Parliament.
(7)  When a report has been laid before Parliament in accordance with subsection (6), the Secretary of State may by order repeal paragraph 1(1)(a) and (b) of Part 2 of Schedule 2 to the 1990 Act and make such consequential amendments to that Part of that Schedule or to other provisions of that Act or this Act as he thinks fit.
(8)  No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 340

 

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

194Page 295, line 7, leave out paragraph (a)
 

THE LORD GORDON OF STRATHBLANE
THE LORD FOWLER

195Page 295, line 8, after "States)" insert "but only to the extent that they are domiciled in countries which impose no disqualification on British individuals and bodies corporate from holding licences or otherwise operating radio and television services in these countries"
 

THE BARONESS BUSCOMBE
THE BARONESS HOWE OF IDLICOTE
THE LORD McNALLY
THE LORD BRENNAN

196Page 295, line 8, at end insert—
"(   )  paragraph 2 (disqualification for religious bodies);"
 

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

197Page 295, line 9, leave out paragraph (b)
 

THE BARONESS BUSCOMBE
THE BARONESS HOWE OF IDLICOTE
THE LORD McNALLY
THE LORD BRENNAN

198Page 295, line 10, leave out subsections (2) and (3)
199Page 296, line 27, leave out subsections (5) to (7)
 

Schedule 14

 

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

200Page 430, line 23, at end insert—
 

PART 1A
CHANNEL 5 LICENCES

 

Ban on newspaper proprietors holding a Channel 5 licence

 6A   (1)   A person is not to hold a Channel 5 licence if—
(a)  he runs a national newspaper which for the time being has a national market share of 20 per cent. or more; or
(b)  he runs national newspapers which for the time being together have a national market share of 20 per cent. or more.
(2)      For the purposes of this paragraph, each of the following shall be treated as holding a Channel 5 licence—
(a)  the actual licence holder; and
(b)  every person connected with the actual licence holder.
(3)      The provisions of paragraphs 2 to 4 of this Schedule shall apply for the purposes of this Part of this Schedule insofar as they relate to national newspapers as if a Channel 5 licence were a licence to provide a Channel 3 service."
 

THE LORD EATWELL

201Page 430, line 30, at beginning insert "Subject to sub-paragraph (1A),"
202Page 430, line 34, at end insert—
"(1A)      A person (`A') may hold two local radio multiplex licences in the manner described in sub-paragraph (1) where—
(a)  the coverage area of one of those licensed services overlaps with the coverage area of a third licensed service in a way that means that the potential audience for one of them is or includes at least half the potential audience of the third licensed service; and
(b)  the licence for the third licensed service is held by a person other than A."
 

Clause 343

 

THE VISCOUNT ASTOR

203Page 298, line 20, leave out subsections (1) and (2) and insert—
"(   )  Subsection (9) of section 32 of the 1990 Act (limits on participation in nominated news providers) shall cease to have effect."
 

THE BARONESS BUSCOMBE
THE LORD McNALLY

204Leave out Clause 343
 

Clause 348

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

205Page 305, line 6, after "programmes" insert "(and in particular diversity of elements within such programmes)"
206Page 305, line 13, at end insert "; and
(c)  specifying the period within which representations may be made to OFCOM about the review."
207Page 305, line 13, at end insert—
"(   )  The period specified in subsection (5)(c) must end no less than one month after the day of the publication of the review.
(   )  OFCOM may take any steps that they have proposed to take under section 349 in any review, with or without modifications, only if—
(a)  they have considered every representation about the proposed steps that is made to them within the period specified in the review; and
(b)  they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
(   )  The publication of a review under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the review to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the departure."
 

Clause 350

 

THE LORD McINTOSH OF HARINGEY

207APage 306, line 37, leave out subsections (2) and (3)
 

THE LORD GORDON OF STRATHBLANE

208Page 306, line 40, leave out "20" and insert "30"
209Page 306, line 41, leave out "20" and insert "30"
 

Clause 352

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

210Leave out Clause 352 and insert the following new Clause—
  "Grants to community media
(1)  OFCOM shall make such payments as they consider appropriate to a fund established under this section, to be known as the Community Media Fund.
(2)  The Fund shall be under the management of a body established for the purposes of this section, which shall be called the Community Media Foundation.
(3)  The Community Media Foundation shall consist of—
(a)  a chairman appointed by OFCOM, and
(b)  such number of other members appointed by OFCOM, not being less than four nor more than eight, as they may from time to time determine.
(4)  The Fund may be applied by the Foundation in the making of grants for—
(a)  the establishment and development of community media,
(b)  the making of programmes to be carried by community media,
(c)  the training of persons connected with community media,
(d)  the provision of support services to community media,
(e)  other related purposes.
(5)  When making any grant out of the Fund in pursuance of subsection (4) the Foundation may impose such conditions as they think fit, including conditions requiring the grant to be repaid in certain circumstances.
(6)  The Foundation shall perform their functions under this section with respect to the making of grants out of the Fund in such manner as they consider will secure a range and diversity of community media throughout the United Kingdom, taking account of the greater needs of areas and localities which are economically disadvantaged.
(7)  OFCOM shall so exercise their power under subsection (3) to appoint the members of the Foundation as to secure that a majority of the members are persons who appear to them to represent a broad range of knowledge and experience of community media.
(8)  In this section—
 "community media" means communications services provided primarily for the benefit of members of the public in a defined geographical locality or in a particular community and not operated by the BBC or for commercial purposes.
(9)  In subsection (8)—
 "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)."
 

Schedule 15

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS MICHIE OF GALLANACH

211Page 456, line 21, at end insert—
"(2A)      After subsection (1) there shall be inserted—
    "(1A)      The amount which the Secretary of State shall pay for each subsequent financial year under subsection (1)(b), shall not be less than the amount paid in the financial year immediately preceding that year as increased by the appropriate percentage.""
212Page 456, line 24, at end insert—
"(3A)      After subsection (9) there shall be inserted—
    "(   )      For the purposes of subsection (1A), in calculating the minimum amount to be paid by the Secretary of State under subsection (1)(b) for any subsequent financial year, the appropriate percentage shall be taken as the percentage which corresponds to the percentage increase between—
    (a)  the retail prices index for the month of November in the year before the year immediately preceding the subsequent financial year in question, and
    (b)  the retail prices index for the month of November in the year immediately preceding the subsequent financial year in question.""
 

THE LORD McINTOSH OF HARINGEY

212APage 458, line 18, at end insert—
"(   )      In paragraph 1(6) of Part 1 (meaning of "more than a 20 per cent. interest"), for "20 per cent.", wherever occurring, there shall be substituted "5 per cent."."
 

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

213Page 458, line 22, leave out sub-paragraph (4)
 

THE LORD McINTOSH OF HARINGEY

213APage 463, line 36, at end insert—
"(   )  for "a multiplex licence", in each place, there shall be substituted "a television multiplex service or a general multiplex service";
(   )  for "the multiplex service to which the licence relates", in each place, there shall be substituted "that multiplex service";"
213BPage 464, line 40, at end insert "; and
(b)  for "a multiplex licence" there shall be substituted "a television multiplex service or a general multiplex service"."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

214Page 468, line 27, at end insert—
"(   )      After subsection (8) there is inserted—
    "(8A)      Programmes provided by the suppliers by virtue of subsection (3) shall not include any that have been made wholly or partly from grants made by the Service out of the Fund or from monies out of the Fund otherwise applied by the Service.""
215Page 468, line 29, at end insert—
 "`the Fund' means the Gaelic Broadcasting Fund maintained under section 183 of the 1990 Act (gaelic television programmes);"
216Page 468, line 33, at end insert—
 "`the Service' means Seirbheis nam Meadhanan GaČidhlig;"
 

THE LORD McINTOSH OF HARINGEY

216APage 474, line 28, leave out paragraph 116 and insert—
 "116   (1)   Section 56 of the 1996 Act (multiplex revenue) shall be amended as follows.
(2)      In subsection (1)—
(a)  for "section 55(1)" there shall be substituted "this Part";
(b)  for "the holder of a national radio multiplex licence" there shall be substituted "the person who is the multiplex provider in relation to a national radio multiplex service";
(c)  in paragraph (a)(i), "to which the licence relates" shall be omitted;
(d)  in paragraphs (c) and (d), for "the holder of the radio multiplex licence" there shall be substituted "the multiplex provider".
(3)      In subsections (2) to (8)—
(a)  for "the holder of the radio multiplex licence", "the licence holder" and "the holder of the multiplex licence", wherever occurring, there shall be substituted, in each case, "the multiplex provider"; and
(b)  for "the Authority", wherever occurring, there shall be substituted "OFCOM".
(4)      In subsection (9)—
(a)  for "a national radio multiplex licence", in each place, there shall be substituted "a national radio multiplex service";
(b)  for "the radio multiplex service to which the licence relates", in each place, there shall be substituted "that radio multiplex service";
(c)  after the definition of "additional services provider" there shall be inserted—
 "`multiplex provider'—
(a)  in relation to a national radio multiplex service for which a person holds a licence under this Part, means the licence holder; and
(b)  in relation to a national radio multiplex service which is not licensed under this Part, means the person who provides that service.""
216BPage 474, line 32, leave out paragraph 117 and insert—
 "117   (1)   Section 57 of the 1996 Act (attribution of radio multiplex revenue) shall be amended as follows.
(2)      In subsection (1)—
(a)  for "the holder of a national radio multiplex licence" there shall be substituted "the person who is the multiplex provider in relation to a national radio multiplex service"; and
(b)  for "the holder of the national radio multiplex licence" there shall be substituted "the multiplex provider".
(3)      In subsection (2), for "the holder of the radio multiplex licence", wherever occurring, there shall be substituted "the multiplex provider".
(4)      In subsection (3)—
(a)  for "the Authority" there shall be substituted "OFCOM"; and
(b)  for "the holder of the national radio multiplex licence" there shall be substituted "the multiplex provider".
(5)      In subsection (4)—
(a)  after "`additional services provider'" there shall be inserted ", `multiplex provider'"; and
(b)  for "a national radio multiplex licence" there shall be substituted "a national radio multiplex service"."
216CPage 476, line 7, at end insert—
"(   )      In subsection (4), for the words from "national radio multiplex service" onwards there shall be substituted "relevant multiplex service, means the last accounting period of the multiplex provider".
(   )      In subsection (5)—
(a)  for "national radio multiplex service" there shall be substituted "relevant multiplex service";
(b)  for "holder of the national radio multiplex licence" there shall be substituted "multiplex provider"; and
(c)  for "the radio multiplex service" and "that radio multiplex service" there shall be substituted "that relevant multiplex service".
(   )      After subsection (5A) (inserted by Schedule 13) there shall be inserted—
    "(5B)      For the purposes of this section, a service is a relevant multiplex service if it is—
    (a)  a national radio multiplex service;
    (b)  a television multiplex service; or
    (c)  a general multiplex service.
    (5C)      In this section, "multiplex provider"—
    (a)  in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
    (b)  in relation to a television multiplex service or a general multiplex service, means the multiplex provider within the meaning of section 14.""
216DPage 476, line 31, at end insert—
"(   )      In subsection (4), for "national radio multiplex service" there shall be substituted "relevant multiplex service".
(   )      In subsection (5), for the words from "national radio multiplex service" onwards there shall be substituted "relevant multiplex service, means the last accounting period of the multiplex provider".
(   )      In subsection (6)—
(a)  for "national radio multiplex service" there shall be substituted "relevant multiplex service";
(b)  for "holder of the national radio multiplex licence" there shall be substituted "multiplex provider"; and
(c)  for "the radio multiplex service" and "that radio multiplex service" there shall be substituted "that relevant multiplex service".
(   )      After subsection (6A) (inserted by Schedule 13) there shall be inserted—
    "(6B)      For the purposes of this section, a service is a relevant multiplex service if it is—
    (a)  a national radio multiplex service; or
    (b)  a general multiplex service.
    (6C)      In this section, "multiplex provider"—
    (a)  in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
    (b)  in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.""

 
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25 June 2003