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
THE LORD ROBERTS OF CONWY
THE LORD THOMAS OF GRESFORD
THE BARONESS LINKLATER OF BUTTERSTONE

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.
(4)  The National Communications Councils may review OFCOM's work in respect of their individual territories where such work affects devolved matters.
(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."
116[Withdrawn]
117[Withdrawn]
 

Clause 215

 

THE LORD ADDINGTON
THE BARONESS WILKINS

118Page 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 229

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

118APage 205, line 36, at end insert "if such service is accessible from the main service immediately by the execution of a single action"
 

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

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123[Withdrawn]
 

After Clause 257

 

THE LORD McINTOSH OF HARINGEY

123AInsert the following new Clause—
  "Renewal of radio multiplex licences
  In section 58(2) of the 1996 Act (renewal for twelve years of radio multiplex licences granted within six years of commencement)—
(a)  for "which is granted within six years" there shall be substituted "granted within ten years"; and
(b)  for the words from "for a period" onwards there shall be substituted—
    "(a)  in the case of a licence granted within six years of that commencement, for a period of twelve years beginning with the date on which it would otherwise expire; and
    (b)  in any other case, for a period of eight years beginning with that date."
 

Clause 258

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

124Leave 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 LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
THE LORD McNALLY
THE LORD PUTTNAM

124APage 231, line 13, at end insert—
"(   )  that sufficient high quality original drama is broadcast covering a range of issues in a variety of formats;"
 

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

125Page 231, line 20, after "facilitating" insert "civic understanding and"
126Page 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"
128Page 231, line 31, after "religion" insert "and other beliefs"
129Page 231, line 32, at end insert—
"(   )  that the programmes included in those services that deal with religion and other beliefs include—
5(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);"
 

THE LORD BISHOP OF MANCHESTER
THE LORD PHILLIPS OF SUDBURY
[As an amendment to amendment 129]

129ALine 5, at end insert—
"(   )  programmes containing discussion of different religions and other beliefs;"
 

THE LORD McINTOSH OF HARINGEY

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"
133Page 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 261

 

THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY

133APage 232, line 40, at beginning insert "In addition to the requirements of section 260,"
133B[Withdrawn]
 

THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
THE BARONESS HOWE OF IDLICOTE
THE LORD CRICKHOWELL

133CPage 232, line 46, at end insert "in accordance with the standards as set out in section 260"
133DPage 233, line 2, after "programming" insert "in accordance with the standards as set out in section 260"
 

Clause 266

 

THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE

133EPage 237, line 24, leave out from "serious" to end of line 25
 

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

135Page 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

139Page 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

140[Withdrawn]
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

140A*Page 245, line 24, after "programmes" insert "which are made by independent producers"
141[Withdrawn]
141A*Page 245, line 30, at end insert—
"(d)  a reference to an independent producer is a reference to a producer—
(i)  who is not an employee of a broadcaster;
(ii)  who does not derive more than 33 per cent of his gross annual revenue from a related broadcaster for the production of programmes; or
(iii)  who is not connected to a person who derives more than 33 per cent of his gross annual revenue from a related broadcaster for the production of programmes;
(e)  a reference to a related broadcaster is a reference to a broadcaster—
(i)  in which the producer has a shareholding greater than 25 per cent, or
(ii)  which has a shareholding in the producer greater than 25 per cent or, together with any other broadcaster, have an aggregate shareholding in the producer greater than 50 per cent,
(f)  a reference to a person having a percentage shareholding in a body corporate is a reference to a person who holds or is beneficially entitled to those shares or possesses that percentage of the voting power in that body or being so entitled, whether alone or jointly with one or more other persons and whether directly or through one or more nominees;
(g)  a person is connected to a producer if he—
(i)  controls the producer,
(ii)  is an associate of the producer or an associate of a person who controls the producer,
(iii)  is controlled by the producer or by an associate of the producer; and
(h)  an "associate" of a producer or of a person who controls the producer means—
(i)  a director of the producer or that person,
(ii)  a body corporate that controls or is controlled by the producer or that person, or
(iii)  a body corporate that is controlled by the same person who controls the producer or that person."

 
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©Parliamentary copyright 2003
1 July 2003