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

House of Lords

back to previous amendments

 

Schedule 12

 

THE LORD ALLI

185Page 402, line 7, leave out from "total" to end of line 10 and insert "annual budget allocated to the production and acquisition of qualifying programmes included in the television broadcasting services provided by the BBC; and
(b)  not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes included in the television broadcasting services provided by the BBC
  is allocated to the broadcasting of a range and diversity of independent productions"
186Page 402, line 22, 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."
 

THE LORD McINTOSH OF HARINGEY

187Page 402, line 43, leave out from "under" to end of line 45 and insert "the BBC Charter and Agreement"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

188Page 404, line 3, at end insert—
 

"Duty in relation to the promotion of programmes, channels and related services in the BBC's services

 2A   (   )   It shall be the duty of the BBC to make arrangements for securing that any rules from time to time drawn up by OFCOM to regulate the promotion of programmes, channels and related services by any person providing a licensed service are observed and applied in relation to the provision of the BBC's services in a way which achieves to the fullest and most analogous extent practicable, the effect of the rules as they are intended to apply to the provision of a licensed service.
(   )      In this paragraph "licensed service" has the same meaning as in section 309."
 

Schedule 13

 

THE LORD McINTOSH OF HARINGEY

188APage 424, line 14, after second "to" insert "television multiplex services and general"
188BPage 424, line 38, after second "to" insert "television multiplex services and general"
188CPage 426, line 32, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
188DPage 426, line 41, leave out from "revenue" to "is" in line 44 and insert—
    "(a)  attributable to a person in relation to national radio multiplex services,"
188EPage 427, line 1, leave out "in any other case" and insert "attributable to a person in relation to television multiplex services or general multiplex services"
188FPage 427, line 19, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
188GPage 427, line 31, leave out from "revenue" to "is" in line 34 and insert—
    "(a)  attributable to a person in relation to national radio multiplex services,"
188HPage 427, line 36, leave out "in any other case" and insert "attributable to a person in relation to general multiplex services"
 

After Clause 339

 

THE LORD McINTOSH OF HARINGEY

188JInsert the following new Clause—
  "Statement of charging principles
(1)  OFCOM are not to fix a tariff under section 4(3) or 87(3) of the 1990 Act or under section 4(3) or 43(3) of the 1996 Act (tariffs for fees payable under Broadcasting Act licences for recovering OFCOM's costs) unless—
(a)  at the time they do so, there is in force a statement of the principles that OFCOM are proposing to apply in fixing that tariff; and
(b)  the tariff is fixed in accordance with those principles.
(2)  Those principles must be such as appear to OFCOM to be likely to secure, on the basis of such estimates of the likely costs that it is practicable for them to make—
(a)  that the aggregate amount of the Broadcasting Act licence fees that are required to be paid to OFCOM during a financial year is sufficient to enable them to meet, but does not exceed, the cost to them of the carrying out during that year of their functions relating to the regulation of broadcasting;
(b)  that the requirement imposed by virtue of paragraph (a) is satisfied by the application to such fees of tariffs that are justifiable and proportionate to the matters in respect of which they are imposed; and
(c)  that the relationship between meeting the cost of carrying out those functions and the tariffs applied to such fees is transparent.
(3)  Before making or revising a statement of principles OFCOM must consult such of the persons who, in OFCOM's opinion, are likely to be affected by those principles as they think fit.
(4)  The making or revision of a statement of principles for the purposes of this section has to be by the publication of the statement, or revised statement, in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.
(5)  As soon as reasonably practicable after the end of each financial year, OFCOM must publish a statement setting out, for that year—
(a)  the aggregate amount received by them during that year in respect of Broadcasting Act licence fees required to be paid during that year;
(b)  the aggregate amount outstanding and likely to be paid or recovered in respect of Broadcasting Act licence fees that are required to be so paid; and
(c)  the cost to OFCOM of the carrying out during that year of their functions relating to the regulation of broadcasting.
(6)  Any deficit or surplus shown (after applying this subsection for all previous years) by a statement under subsection (5) shall be—
(a)  carried forward; and
(b)  taken into account in determining what is required to satisfy the requirement imposed by virtue of subsection (2)(a) in relation to the following year.
(7)  References in this section to OFCOM's functions relating to the regulation of broadcasting do not include references to any of their functions in relation to the BBC or the Welsh Authority.
(8)  In this section—
 "Broadcasting Act licence fee" means a fee required to be paid to OFCOM in pursuance of conditions included in a Broadcasting Act licence under any of the following provisions—
(a)  section 4(1)(b) or 87(1)(c) of the 1990 Act; or
(b)  section 4(1)(b) or 43(1)(c) of the 1996 Act;
 "financial year" means a period of twelve months ending with 31st March."
 

Before Clause 340

 

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

189Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2B) (which is inserted by section 368 of this Act) there shall be inserted—
    "(2C)  The public interest in the promotion and maintenance—
    (a)  of a plurality of media owners committed to a balanced and impartial presentation of news and to a balanced presentation of comment, and
    (b)  of a wide range of voices such as to satisfy a variety of tastes and interests
      is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
190Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  After the words "newspaper public interest consideration" (which are inserted by section 369(1) of this Act) there shall be inserted "and the media plurality public interest consideration".
(3)  After subsection (5A) (which is inserted by section 369(2) of this Act) there shall be inserted—
    "(5B)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
    "(7A)  In this Part "media plurality public interest consideration" means any consideration which is specified in section 58(2C).
    (7B)  In this Part—
     "media owners" means persons—
    (a)  holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003,
    (b)  controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990, or
    (c)  carrying on an enterprise which is supplying newspapers of any description; and
     "voices" means views and opinions represented to a significant degree in the media."."
191Insert the following new Clause—
  "Additional investigation and report by OFCOM: media plurality public interest cases
  After section 61A of the Enterprise Act 2002 (c. 40) (additional investigation and report by OFCOM: certain newspaper mergers) (which is inserted by section 373 of this Act) there shall be inserted—
    "61BAdditional investigation and report by OFCOM: media plurality mergers
    (1)  Subsection (2) applies where—
    (a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
    (b)  the intervention notice mentions the media plurality public interest consideration.
    (2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.
    (3)  The report shall contain—
    (a)  advice and recommendations which are or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
    (b)  a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.
    (4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section."
192Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20A (which is inserted by section 380 of this Act) there shall be inserted—
     

    "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 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."

 
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30 June 2003