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

House of Lords

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"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."
 

Clause 340

 

THE LORD McINTOSH OF HARINGEY

193A*Page 295, leave out line 6
 

THE LORD CRICKHOWELL
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 LORD McINTOSH OF HARINGEY

195A*Page 295, line 8, leave out from "States);" to end of line 9 and insert "shall cease to have effect"
 

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)
 

Clause 342

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY

199APage 297, line 38, at end insert—
"(1A)  No order may be made under section 403(2) for the coming into force of subsection (1) in relation to the matters specified in subsection (1B) until after an order has been made under section 279 of the Enterprise Act (c. 40) (commencement) for the commencement of section 58(2C) of that Act.
(1B)  The matters specified in this subsection are the provisions of Part 4 of Schedule 2 to the 1990 Act insofar as they relate to Channel 5."
 

Schedule 14

 

THE LORD McNALLY
THE LORD CRICKHOWELL
THE LORD PUTTNAM
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
THE LORD McNALLY

205Page 305, line 6, after "programmes" insert "(and in particular diversity of elements within such programmes)"
 

THE LORD McINTOSH OF HARINGEY

205APage 305, line 9, at end insert—
"(   )  The matters to which OFCOM must have regard in determining for the purposes of this section the character of a local sound broadcasting service, include, in particular, the selection of spoken material and music in programmes included in the service."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

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 351

 

THE LORD McINTOSH OF HARINGEY

209APage 307, line 37, at end insert—
"(   )  the extent to which any guidance given by OFCOM under section 307 has been followed during that period;"
 

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)."

 
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1 July 2003