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

House of Lords

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Clause 205

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS MICHIE OF GALLANACH

113Page 182, line 42, at end insert—
 `the retail prices index' shall have the same meaning as in section 19(10) of the Broadcasting Act 1990 (c. 42) (additional payments to be made in respect of Channel 3 licences);"
 

After Clause 206

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS MICHIE OF GALLANACH

114Insert the following new Clause—
  "Provision of programmes in Gaelic
  After section 183A of the 1990 Act there shall be inserted—
"183BProvision of programmes to the Gaelic Media Service
(1)  The Secretary of State may by order require each of the persons mentioned in subsection (2) ("the suppliers") to provide the Service with programmes in Gaelic amounting to such a minimum number of transmission hours as may be specified in the order in relation to each of the suppliers but so that the number of transmission hours to be provided by each of the suppliers under any such order shall not be less than thirty hours in each year.
(2)  The suppliers are—
(a)  the BBC;
(b)  the Channel Four Television Corporation;
(c)  any holder of a Channel 3 licence to provide a regional Channel 3 service (within the meaning of Part 1 of this Act) for reception wholly in Scotland; and
(d)  such other persons providing television broadcasting services as may be specified by order by the Secretary of State.
(3)  The Service may broadcast or otherwise transmit any programme provided by virtue of subsection (1) on one occasion only.
(4)  The Service shall consult with the suppliers about the schedules proposed for the broadcast or other transmission by the Service of programmes provided by virtue of subsection (1).
(5)  Programmes provided by the suppliers by virtue of subsection (1)—
(a)  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;
(b)  shall be provided free of charge and in a manner which does not involve the Service in incurring any charge to the suppliers or to any third parties in connection with the broadcasting or other transmission of the programmes by the Service.
(6)  In this section—
 "the Fund" means the Gaelic Broadcasting Fund maintained under section 183;
 "Gaelic" has the same meaning as in section 183;
 "the Service" has the same meaning as in section 183"."
 

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.
1112(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
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 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."
 

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

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 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—
(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"
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

133A*Page 232, line 40, at beginning insert "In addition to the requirements of section 260,"
 

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

 

THE LORD ALLI

140Page 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"
141Page 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."

 
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23 June 2003