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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 25

 

THE LORD McINTOSH OF HARINGEY

Page 24, line 21, leave out "fair treatment of" and insert "equalisation of opportunities for"
 

Clause 92

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

Page 89, line 2, at end insert—
"(   )  Where OFCOM receive a complaint, or otherwise become aware, that a person may be in contravention or have contravened a condition set under section 43, they shall inform that person in writing of the nature of the suspected contravention and that they are conducting an assessment of available evidence, which may lead to that person being given a notification under section 92(2)."
 

Clause 157

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

Page 145, line 27, at end insert—
"(   )  OFCOM shall carry out an impact assessment in line with section 7, prior to any introduction of recognised spectrum access, having due regard to the international implications of such a measure."
 

THE LORD McINTOSH OF HARINGEY

Page 146, line 12, leave out paragraphs (b) and (c)
 

Clause 239

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

Page 216, line 9, at end insert—
"(   )  When making an order under this section the Secretary of State shall require OFCOM to—
(a)  do what it can to sustain the availability of a digital frequency for an existing analogue Restricted Services Licences channel;
(b)  consult with existing local television channel Restricted Services Licences licencees about transitional arrangements for broadcasting on Digital Terrestrial Television in their local area; and
(c)  begin the digital local television licensing process prior to digital switch-over."
 

Clause 333

 

THE LORD McINTOSH OF HARINGEY

Page 295, line 3, leave out "fair treatment of" and insert "equalisation of opportunities for"
 

After Clause 405

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Modifications consequential on regulations implementing Directives
(1)  This section applies if it appears to the Secretary of State that regulations under section 2 of the European Communities Act 1972 (c. 68) for giving effect to Community obligations imposed by the Communications Directives have come into force before the passing of this Act.
(2)  The Secretary of State may by order—
(a)  repeal any relevant provision of this Act which appears to him to be unnecessary, or to have become spent, in consequence of the regulations;
(b)  make such other modifications of the relevant provisions of this Act as he considers appropriate in consequence of the regulations;
(c)  revoke provision made by the regulations; and
(d)  make transitory or transitional provision in relation to anything done by or under the regulations.
(3)  The Secretary of State's power under this section includes power to make consequential amendments of enactments not contained in this Act.
(4)  In this section—
 "the Communications Directives" means—
(a)  the Access Directive, that is to say, Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities;
(b)  the Authorisation Directive, that is to say, Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services;
(c)  the Framework Directive, that is to say, Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services;
(d)  the Universal Service Directive, that is to say, Directive 2002/22/EC of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services;
 "relevant provision of this Act" means a provision contained in—
(a)   Part 1, 2 or 6; or
(b)  Chapter 1 of Part 5.
(5)  No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Schedule 12

 

THE LORD McINTOSH OF HARINGEY

Page 423, line 8, leave out "fair treatment of" and insert "equalisation of opportunities for"
 

Schedule 14

 

THE LORD McNALLY

Page 436, line 28, 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."

 
 
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4 July 2003