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Lord Evans of Temple Guiting: My Lords, the amendment would replace the existing clause concerning grants for access radio with a new clause that would establish a community media fund to be administered by a foundation appointed by Ofcom. The foundation would make grants to support community media projects, giving particular priority to economically disadvantaged areas.

We have already discussed similar amendments. We cannot support the extension of the access fund to all community media projects. We all know that running a television channel is much more expensive than running a radio station. If we fund radio, television and Internet with the same pot of money it is unlikely that we would be able to secure sufficient grants for each project. The result of spreading our resources so thinly could well be that we fail to gain any benefit from the scheme.

In addition, I hardly think that the sums of money likely to be available will justify the degree of bureaucracy that the amendment would entail. In order to maximise the proportion of the available funds that reach the stations and avoid frittering them away on excessive administration, it is better for Ofcom to administer any funds directly.

As we have made clear throughout our debate on the subject, the Government view the growth of local media operations as a positive and important development, but it is one that must be managed carefully. Let us try to secure sufficient funds to make

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a success of access radio before we consider what should be the next step. I hope that the noble Viscount, Lord Falkland, will withdraw his amendment.

Viscount Falkland: My Lords, I thank the Minister for his thorough reply and understand what he said. That will be disappointing to many who are working hard to develop community television, in particular. They will feel that the ability to fund those developments is not running apace with their technology. I understand the Minister's view, and will return to those who briefed us on the amendments, who will clearly have something to say. They will read carefully what the Minister said. I reserve the right to return to the matter at the next stage, if necessary. In the meantime, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 15 [Amendments of Broadcasting Acts]:

Lord McIntosh of Haringey moved Amendments Nos. 210A and 210B:


    Page 437, line 12, leave out from "fees)," to end of line 16 and insert "the words from "and the amount" onwards shall be omitted."


    Page 447, line 10, leave out from "fees)," to end of line 14 and insert "the words from "and the amount" onwards shall be omitted."

On Question, amendments agreed to.

[Amendments Nos. 211 and 212 not moved.]

Lord McIntosh of Haringey moved Amendment No. 212A:


    Page 458, line 18, at end insert—


"( ) In paragraph 1(6) of Part 1 (meaning of "more than a 20 per cent. interest"), for "20 per cent.", wherever occurring, there shall be substituted "5 per cent."."

On Question, amendment agreed to.

[Amendment No. 213 not moved.]

Lord McIntosh of Haringey moved Amendments Nos. 213ZA, 213A and 213B:


    Page 461, line 12, leave out from "fees)," to end of line 16 and insert "the words from "and the amount" onwards shall be omitted."


    Page 463, line 36, at end insert—


"( ) for "a multiplex licence", in each place, there shall be substituted "a television multiplex service or a general multiplex service";
( ) for "the multiplex service to which the licence relates", in each place, there shall be substituted "that multiplex service";"
Page 464, line 40, at end insert "; and


(b) for "a multiplex licence" there shall be substituted "a television multiplex service or a general multiplex service"."

On Question, amendments agreed to.

[Amendments Nos. 214 to 216 not moved.]

Lord McIntosh of Haringey moved Amendments No. 216ZA, 216A, 216B, 216C and 216D:


    Page 471, line 6, leave out sub-paragraph (4) and insert—


"( ) In subsection (2), sub-paragraph (ii) of paragraph (b) and the word "or" immediately preceding it shall be omitted.

2 Jul 2003 : Column 964


( ) In subsection (3) (fixing of fees), the words from "and the amount" onwards shall be omitted."
Page 474, line 28, leave out paragraph 116 and insert—


"116 (1) Section 56 of the 1996 Act (multiplex revenue) shall be amended as follows.
(2) In subsection (1)—
(a) for "section 55(1)" there shall be substituted "this Part";
(b) for "the holder of a national radio multiplex licence" there shall be substituted "the person who is the multiplex provider in relation to a national radio multiplex service";
(c) in paragraph (a)(i), "to which the licence relates" shall be omitted;
(d) in paragraphs (c) and (d), for "the holder of the radio multiplex licence" there shall be substituted "the multiplex provider".
(3) In subsections (2) to (8)—
(a) for "the holder of the radio multiplex licence", "the licence holder" and "the holder of the multiplex licence", wherever occurring, there shall be substituted, in each case, "the multiplex provider"; and
(b) for "the Authority", wherever occurring, there shall be substituted "OFCOM".
(4) In subsection (9)—
(a) for "a national radio multiplex licence", in each place, there shall be substituted "a national radio multiplex service";
(b) for "the radio multiplex service to which the licence relates", in each place, there shall be substituted "that radio multiplex service";
(c) after the definition of "additional services provider" there shall be inserted—
"'multiplex provider'—
(a) in relation to a national radio multiplex service for which a person holds a licence under this Part, means the licence holder; and
(b) in relation to a national radio multiplex service which is not licensed under this Part, means the person who provides that service.""
Page 474, line 32, leave out paragraph 117 and insert—


"117 (1) Section 57 of the 1996 Act (attribution of radio multiplex revenue) shall be amended as follows.
(2) In subsection (1)—
(a) for "the holder of a national radio multiplex licence" there shall be substituted "the person who is the multiplex provider in relation to a national radio multiplex service"; and
(b) for "the holder of the national radio multiplex licence" there shall be substituted "the multiplex provider".
(3) In subsection (2), for "the holder of the radio multiplex licence", wherever occurring, there shall be substituted "the multiplex provider".
(4) In subsection (3)—
(a) for "the Authority" there shall be substituted "OFCOM"; and
(b) for "the holder of the national radio multiplex licence" there shall be substituted "the multiplex provider".
(5) In subsection (4)—
(a) after "'additional services provider'" there shall be inserted ", 'multiplex provider'"; and

2 Jul 2003 : Column 965


(b) for "a national radio multiplex licence" there shall be substituted "a national radio multiplex service"."
Page 476, line 7, at end insert—


"( ) In subsection (4), for the words from "national radio multiplex service" onwards there shall be substituted "relevant multiplex service, means the last accounting period of the multiplex provider".
( ) In subsection (5)—
(a) for "national radio multiplex service" there shall be substituted "relevant multiplex service";
(b) for "holder of the national radio multiplex licence" there shall be substituted "multiplex provider"; and
(c) for "the radio multiplex service" and "that radio multiplex service" there shall be substituted "that relevant multiplex service".
( ) After subsection (5A) (inserted by Schedule 13) there shall be inserted—
"(5B) For the purposes of this section, a service is a relevant multiplex service if it is—
(a) a national radio multiplex service;
(b) a television multiplex service; or
(c) a general multiplex service.
(5C) In this section, "multiplex provider"—
(a) in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
(b) in relation to a television multiplex service or a general multiplex service, means the multiplex provider within the meaning of section 14.""
Page 476, line 31, at end insert—


"( ) In subsection (4), for "national radio multiplex service" there shall be substituted "relevant multiplex service".
( ) In subsection (5), for the words from "national radio multiplex service" onwards there shall be substituted "relevant multiplex service, means the last accounting period of the multiplex provider".
( ) In subsection (6)—
(a) for "national radio multiplex service" there shall be substituted "relevant multiplex service";
(b) for "holder of the national radio multiplex licence" there shall be substituted "multiplex provider"; and
(c) for "the radio multiplex service" and "that radio multiplex service" there shall be substituted "that relevant multiplex service".
( ) After subsection (6A) (inserted by Schedule 13) there shall be inserted—
"(6B) For the purposes of this section, a service is a relevant multiplex service if it is—
(a) a national radio multiplex service; or
(b) a general multiplex service.
(6C) In this section, "multiplex provider"—
(a) in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
(b) in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.""

On Question, amendments agreed to.

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Clause 354 [Meaning of "available for reception by members of the public"]:


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