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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Second Marshalled List]


 

After Clause 257

 

THE LORD McINTOSH OF HARINGEY

Insert 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 261

 

THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY

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

Clause 266

 

THE LORD McNALLY

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

Clause 298

 

THE LORD McINTOSH OF HARINGEY

Page 265, line 8, leave out subsection (2) and insert—
"(1A)  The code must include provision for securing that every provider of a service to which this section applies ensures that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.
(2)  The code must also require that, from the fifth and tenth anniversaries of the relevant date, the obligations in subsections (2A) and (3), respectively, must be fulfilled by reference to averages computed over each of the following—
(a)  the twelve month period beginning with the anniversary in question; and
(b)  every twelve month period ending one week after the end of the previous period for which an average fell to be computed.
(2A)  The obligation to be fulfilled from the fifth anniversary of the relevant date is that at least 60 per cent. of so much of every service which—
(a)  is a service to which this section applies, and
(b)  has a relevant date after the passing of this Act,
  as consists of programmes that are not excluded programmes must be accompanied by subtitling."
 

THE LORD ASHLEY OF STOKE

Page 265, line 8, leave out "tenth" and insert "fifth"
 

THE LORD McINTOSH OF HARINGEY

Page 265, line 14, leave out "Those obligations" and insert "The obligations to be fulfilled from the tenth anniversary of the relevant date"
Page 265, line 15, leave out "in every week"
Page 265, line 18, leave out "in every week"
Page 265, line 21, leave out "in every week"
Page 265, line 25, leave out "in every week"
Page 265, line 29, after "in" insert "subsection (2A) or in"
Page 265, line 31, after "that" insert "subsection or"
Page 265, line 33, after "to" insert "subsection (2A) and"
Page 265, line 35, after "that" insert "subsection or"
Page 266, line 8, leave out from "(9)," to "and" in line 9 and insert "from dates falling before an anniversary mentioned in subsection (2);
(   )  requirements on persons providing such services to meet further targets from dates falling after the anniversary mentioned in subsection (3);"
Page 266, line 16, leave out from "(2)" to end of line 17
Page 266, line 28, leave out paragraph (f)
 

Clause 300

 

THE LORD McINTOSH OF HARINGEY

Page 267, line 18, at end insert "or"
Page 267, line 19, leave out from "service" to end of line 21
 

Clause 301

 

THE LORD McINTOSH OF HARINGEY

Page 267, line 34, at end insert—
"(   )  Where it appears to the Secretary of State, in the case of services of a particular description, that the obligation specified in section 298(2A) has been or is likely to be fulfilled in their case before the anniversary so specified, he may by order modify section 298 so as to do one or both of the following—
(a)  increase the percentage so specified in relation to services of that description;
(b)  substitute a different anniversary for the anniversary by which that obligation must be fulfilled in the case of such services."
Page 267, line 37, leave out "specified in subsection (2) of that section" and insert "by which the obligations specified in subsection (3) of that section must be fulfilled."
Page 267, line 39, leave out "different" and insert "higher"
Page 267, line 40, leave out "subsection (3) of that section" and insert "that subsection."
Page 267, line 41, leave out "virtue of subsection (1)" and insert "an order under this section"
Page 268, line 4, leave out "subsection (1)" and insert "this section"
 

Clause 306

 

THE LORD McINTOSH OF HARINGEY

Page 270, line 23, at end insert—
    "(1B)  The matters to which OFCOM must have regard in determining for the purposes of this section the character of a service provided under a local licence include, in particular, the selection of spoken material and music in programmes included in the service.""
 

After Clause 306

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Consultation about change of character of local services
  After section 106 of the 1990 Act there shall be inserted—
    "106ZA
    (1)  Before deciding for the purposes of a condition imposed under section 106(1A) whether to consent to a departure from the character of a service provided under a local licence, OFCOM must publish a notice specifying—
    (a)  the proposed departure; and
    (b)  the period in which representations may be made to OFCOM about the proposal.
    (2)  That period must end not less than 28 days after the date of publication of the notice.
    (3)  The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the departure.
    (4)  OFCOM—
    (a)  are not required to publish a notice under this section, and
    (b)  may specify a period of less than 28 days in such a notice as the period for representations,
      if they consider that the publication of the notice, or allowing a longer period for representations, would result in a delay that would be likely prejudicially to affect the interests of the licence holder.
    (5)  OFCOM are not required under this section—
    (a)  to publish any matter that is confidential in accordance with subsection (5) or (6); or
    (b)  to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.
    (6)  A matter is confidential under this subsection if—
    (a)  it relates specifically to the affairs of a particular body; and
    (b)  its publication would or might, in OFCOM's opinion, seriously and prejudicially affect the interests of that body.
    (7)  A matter is confidential under this subsection if—
    (a)  it relates specifically to the private affairs of an individual; and
    (b)  its publication would or might, in OFCOM's opinion, seriously and prejudicially affect the interests of that individual.""
 

Clause 307

 

THE LORD McINTOSH OF HARINGEY

Page 271, line 6, after "services" insert "but, in the case of each such service, only if and to the extent (if any) that OFCOM consider appropriate in that case"
Page 271, line 7, leave out from "that" to end of line 8 and insert ",where such programmes are included in such a service, what appears to OFCOM to be a suitable proportion of them consists of locally-made programmes."
Page 271, line 10, leave out "a code giving"
Page 271, line 12, leave out "code" and insert "guidance"
Page 271, line 14, leave out subsections (3) and (4)
Page 271, line 31, leave out "code may make different provision" and insert "guidance may be different"
Page 271, line 32, leave out "code" and insert "guidance"
Page 271, line 33, leave out "code" and insert "guidance"
Page 271, line 39, leave out "code and every revision of the code" and insert "guidance and every revision of it"
Page 271, line 42, leave out from beginning to end of line 2 on page 272
Page 272, line 4, leave out "(including news)"
Page 272, line 10, at end insert "or a part of it"
Page 272, line 13, at end insert—
 ""material" includes news, information and other spoken material and music; and
 "programme" does not include an advertisement."
Page 272, line 14, leave out second "in" and insert "within"
 

After Clause 339

 

THE LORD McINTOSH OF HARINGEY

Insert 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."

 
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©Parliamentary copyright 2003
27 June 2003