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

House of Lords

back to previous amendments

 

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

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

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;"
 

After Clause 354

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

217Insert the following new Clause—
  "Review of OFCOM's decisions under Part 3
(1)  It shall be the duty of OFCOM to establish a procedure for the review of its decisions made—
(a)  under sections 211, 212, 213, 214, 216, 217, 218, 219, 229, 224, 225, 232, 233, 234, 235, 236, 247, 249, 250, 251, 322 and 325;
(b)  pursuant to the procedures set out in section 318 for the handling of complaints about the observance of standards set out under section 312;
(c)  under Part 5 of the Broadcasting Act 1996 (c. 55).
(2)  Before establishing a procedure under subsection (1) OFCOM must publish, in such manner as they think fit, a draft of the proposed procedure.
(3)  After publishing the draft procedure, and before establishing it as the review procedure for those decisions mentioned in subsection (1), OFCOM must consult every person who holds a relevant licence and such of the following as they think fit—
(a)  persons appearing to OFCOM to represent the interests of those who watch television programmes;
(b)  persons appearing to OFCOM to represent the interests of those who make use of teletext service; and
(c)  persons appearing to OFCOM to represent the interests of those who listen to sound programmes.
(4)  If it appears to OFCOM that a body exists which represents the interests of a number of the persons who hold relevant licences, they may perform their duty under subsection (3) of consulting such persons, so far as it relates to the persons whose interests are so represented, by consulting that body.
(5)  Where OFCOM establishes a procedure under subsection (1) they must publish the procedure in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the procedure."
 

Clause 355

 

THE LORD McINTOSH OF HARINGEY

218Page 310, line 45, leave out "(except in the expression "digital additional sound service")"
219Page 311, line 14, at end insert—
 ""the BBC Charter and Agreement" means the following documents, or any one or more of them, so far as they are for the time being in force—
(a)  a Royal Charter for the continuance of the BBC;
(b)  supplemental Charters obtained by the BBC under such a Royal Charter;
(c)  an agreement between the BBC and the Secretary of State entered into (whether before or after the passing of this Act) for purposes that include the regulation of activities carried on by the BBC."
220Page 314, line 13, leave out "or"
221Page 314, line 14, at end insert—
"(g)  a digital additional television service or a digital additional sound service,"
 

After Clause 365

 

THE LORD RAZZALL
THE LORD McNALLY

222Insert the following new Clause—
  "Duty to establish and maintain Competition Panel
(1)  It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish and maintain a committee to be known as "the Competition Panel".
(2)  The Competition Panel shall have such functions as OFCOM, in exercise of their powers under the Schedule to the Office of Communications Act 2002, may confer on the Panel.
(3)  The functions conferred on the Panel must include, to such extent and subject to such restrictions and approvals as OFCOM may determine—
(a)  to advise OFCOM on the exercise of its functions under section 364,
(b)  to give an opinion to OFCOM on guidelines and decisions which OFCOM propose to adopt in the exercise of OFCOM's functions under section 364, including as to whether OFCOM or the Office of Fair Trading should investigate.
(4)  The Competition Panel shall as soon as practicable after the end of each calendar year make to the chairman of OFCOM a report on its activities during that year which shall be published by OFCOM.
(5)  The Competition Panel shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(6)  The chairman of the Competition Panel must be a non-executive member of OFCOM but is not to be the chairman of OFCOM.
(7)  In appointing a person for the purposes of subsection (2)(b), OFCOM must have regard to their expertise in the area of competition law or economics (or both).
(8)  The Competition Panel must include at least one member who is a member of the Board of the Office of Fair Trading.
(9)  Before appointing a person to be the chairman or another member of the Competition Panel, OFCOM must satisfy themselves that he will not have any financial or other interest which would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the Competition Panel.
(10)  A person is not to be taken to have such an interest by reason only that he is or will be a member or employee of OFCOM.
(11)  Every person whom OFCOM propose to appoint to be the chairman or another member of the Competition Panel, shall, whenever requested to do so by OFCOM, furnish OFCOM with any information they consider necessary for the performance of their duty under subsection (9)."

 
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23 June 2003