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Digital Economy Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


      The amendments have been marshalled in accordance with the Order of 25th February 2010, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 1

 

EARL OF ERROLL

1Insert the following new Clause—
  "Duty to establish scheme to deal with complaints, faults and requests regarding broadband and its associated data and signal carrying cables
(1)  The Communications Act 2003 is amended as follows.
(2)  After section 27 insert—
"27ADuty to establish scheme to deal with complaints, faults and requests regarding broadband and its associated data and signal carrying cables
(1)  It shall be the duty of OFCOM to establish a scheme for the reporting of complaints about, and requests for repairs to, broadband and associated data and signal carrying cables, and services.
(2)  When establishing the scheme under subsection (1), OFCOM must ensure that the scheme—
(a)  allows for the reporting of complaints about the quality of broadband services (including faults and complaints about capacity to carry data or signalling) by registered subscribers, whether or not the subscribers are an end user for that service;
(b)  places responsibility for every complaint or request with either the broadband service provider or the owner of the communication cable (depending on the nature of the complaint, fault or request), and ensures that in no case should a complaint, fault or request not be attached such responsibility;
(c)  requires all repairs or alterations to the communication cables to be carried out in such a way as to accommodate and facilitate reasonably anticipated upgrades to the broadband and associated services,
(d)  requires a broadband service provider or an owner or owners of the communication cables to carry out necessary repairs or upgrades to the same or a better standard than that pertained prior to the complaint or request.""
 

Clause 4

 

LORD WHITTY

 

EARL OF ERROLL

2Page 7, line 40, after "subscriber" insert "which have been the subject of notifications sent after the effective date of an order made by the Secretary of State under section 124H"
 

Clause 8

 

LORD MANDELSON

3Page 12, line 12, leave out from "relate" to end of line 13
4Page 12, line 23, after "disputes;" insert—
"(   )  that there are adequate arrangements under the code for OFCOM to obtain any information or assistance from internet service providers or copyright owners that OFCOM reasonably require for the purposes of administering and enforcing the code;"
 

Clause 10

 

LORD MANDELSON

5Page 14, line 24, leave out from "subscriber" to end of line 25 and insert ", within the meaning of section 124B(3), in relation to the provider of the service and one or more copyright owners."
 

EARL OF ERROLL

 

LORD WHITTY

6Page 14, line 32, after "service;" insert—
"(   )  an economic and social impact assessment as to whether any application of the technical measures will be proportionate to its likely effect on, inter alia, subscribers, households, businesses, users of wi-fi networks, not-for-profit organisations, libraries, educational establishments and the internet network;"
 

Clause 12

 

LORD MANDELSON

7Page 15, line 38, leave out "made"
 

Clause 13

 

LORD MANDELSON

8Page 16, line 41, after "disputes;" insert—
"(   )  that there are adequate arrangements under the code for OFCOM to obtain any information or assistance from internet service providers or copyright owners that OFCOM reasonably require for the purposes of administering and enforcing the code;"
 

Clause 14

 

LORD MANDELSON

9Page 18, line 5, after "done" insert "(or, if there is more than one such report, as respects each of them)"
10Page 19, line 15, leave out "or abandoned any appeal"
11Page 19, line 17, after "determined" insert ", abandoned"
 

Clause 16

 

LORD WHITTY

 

EARL OF ERROLL

12Page 20, line 18, at end insert—
  "and shall, in relation to any provision for payment by subscribers and the funding of their own costs, first be subject to an economic and social impact assessment confirming that relevant subscribers are not in practice, by reason of such provision(s) or the incidence of costs, prohibited from effectively exercising their rights under section 124K (subscriber appeals)"
 

Clause 17

 

LORD MANDELSON

13Page 21, line 46, leave out "for the time being"
 

Clause 18

 

LORD CLEMENT-JONES

 

LORD RAZZALL

14Page 22, line 16, at end insert—
"(1A)  The copyright owner applying for an injunction under subsection (1) shall first have given notice to the service provider in accordance with subsections (1B) to (1F).
(1B)  The notice must be in writing, deliverable electronically, contain the name, registered address and contact details of the copyright owner claiming infringement, and prove, by digital signature or otherwise, that it comes from the said copyright owner.
(1C)  The notice must be addressed to the address or agent designated by the service provider for the receipt of such requests.
(1D)  The copyrighted work of the owner claimed to have been infringed must be stated, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list given of such works at that site.
(1E)  Information must be included reasonably sufficient to permit the service provider to locate the online location to be blocked.
(1F)  The copyright owner must also take reasonable steps to deliver a copy of the notice to the operator of the online location."
 

EARL OF ERROLL

15*Page 22, line 20, at end insert "and, in the case of online search service providers, the extent to which inclusion of, or access to, copyright infringing content is incidental to the main purpose of the search service,"
 

LORD CLEMENT-JONES

 

LORD RAZZALL

 

EARL OF ERROLL

16Page 22, line 20, at end insert—
"(   )  the extent to which granting the injunction would disproportionately prejudice legitimate uses and legitimate users of the online location,"
 

EARL OF ERROLL

17*Page 22, line 21, at beginning insert "subject to regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002,"
18*Page 22, line 26, at beginning insert "subject to regulation 17 of the Electronic Commerce (EC Directive) Regulations 2002,"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

19*Page 22, leave out line 28
 

EARL OF ERROLL

20*Page 22, line 30, at end insert—
"(   )  the public benefit of any search service, or other lawful service, offered from the specified online location,"
 

LORD CLEMENT-JONES

 

LORD RAZZALL

21Page 22, line 38, lave out from beginning to end of line 4 on page 23 and insert—
"(4)  Where the Court grants an injunction under subsection (1), the Court shall make an order as to costs having regard to all relevant considerations."
22Page 23, line 4, at end insert—
"(4A)  Where a service provider has blocked access to an online location in response to a notice under subsection (1A)—
(a)  any person aggrieved may apply to the court on notice to the copyright owner and service provider to require the service provider to remove or vary the nature of the block; and
(b)  on an application made under paragraph (a), the court must order that the block be removed if it considers that it would not have made such an order, had an application been made under subsection (1).
(4B)  Where a court makes an order under subsection (4A)(b), it may also on request make an order if it sees fit requiring the copyright owner to imburse any loss or damages, including costs and legal fees, incurred by the applicant in subsection (4A)(a), or by the service provider, as the result of the service provider being asked to block the online location by the copyright owner."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

23*Page 23, line 4, at end insert—
"(   )  The Court shall not make an order pursuant to subsection (1) where the Secretary of State has provided evidence that national security would disproportionately be prejudiced if such an order were made."
 

Clause 20

 

LORD MANDELSON

 

EARL OF ERROLL

24Page 26, line 16, leave out "any" and insert "one or more"
 

Clause 39

 

EARL OF ERROLL

25*Page 46, line 35, after "licence" insert—
"(i)"  
26*Page 46, line 36, after "licences;" insert—
"(ii)  to divest frequencies whose use was or is authorised by that other licence;"
 

Clause 43

 

LORD MANDELSON

27Page 52, line 14, leave out "(within the meaning of section 116)"
28Page 52, line 21, at end insert—
2"(   )  The regulations must provide for the factors to be taken into account in deciding whether to authorise a licensing body to grant copyright licences in respect of works to include—
(a)  the likely effect of the authorisation on—
(i)  authors of the works,
(ii)  members of the body,
(iii)  copyright owners on whose behalf the licensing body would be entitled to act pursuant to the authorisation, and
(iv)  licensees and potential licensees of the aspects of copyright that would be the subject of the authorisation, and
14(b)  the extent to which the licensing body is entitled to negotiate or grant copyright licences in respect of similar works, other than under an authorisation under this section."
 

LORD CLEMENT-JONES

 

LORD RAZZALL

 

VISCOUNT BRIDGEMAN

 

[As an amendment to amendment 28]

29Line 2, leave out from "provide" to end of line 14 and insert "that no extended licence under a scheme authorised by subsection (1) shall be granted if a substantial proportion of copyright owners and of authors affected by such a licence object to it."
 

VISCOUNT BRIDGEMAN

 

LORD CLEMENT-JONES

30*Page 52, line 21, at end insert—
"(   )  When exercising the powers under this section, the Secretary of State must be satisfied that—
(a)  the licensing body is representative of authors, performers and rightsholders, as appropriate, of the type of works or recordings for which the licence is to be granted;
(b)  the licensing body has a fiduciary duty to the authors, performers and rightsholders on whose behalf it issues licences;
(c)  the licensing body has solicited views through an open consultation with authors, performers and rightsholders who are not members of the licensing body but would be affected by such a licence and has taken account of such views; and
(d)  the licensing body seeking authorisation has the approval of its membership, through its governing body."
 

LORD MANDELSON

31Page 52, line 24, at end insert—
"(   )  In this section—
 "copyright licence" has the same meaning as in section 116;
 "member", in relation to a licensing body, means —
(a)  a copyright owner on whose behalf the body is authorised to negotiate or grant licences, other than under an authorisation under this section, and
(b)  a person other than the copyright owner who is or would be entitled to royalties or other sums paid in respect of a copyright licence granted by the body."
 

Schedule 2

 

LORD MANDELSON

32Page 63, line 1, at beginning insert "by regulations"
33Page 63, line 42, at end insert—
"(3)      In this paragraph "member", in relation to a licensing body, has the same meaning as in section 116B."
 

VISCOUNT BRIDGEMAN

34*Page 63, line 42, at end insert—
"(3)      Regulations under paragraph 1 must provide for such a code equally to apply to licensees, including provisions relating to their obligations to licensing bodies."
 

LORD MANDELSON

35Page 65, line 25, leave out "(within the meaning of paragraph 1)"
36Page 65, line 32, at end insert—
2"(   )  The regulations must provide for the factors to be taken into account in deciding whether to authorise a licensing body to grant licences in relation to a performer's property rights to include—
(a)  the likely effect of the authorisation on—
(i)  the performer,
(ii)  members of the body,
(iii)  owners of rights on whose behalf the licensing body would be entitled to act pursuant to the authorisation, and
(iv)  licensees and potential licensees of the aspects of rights that would be the subject of the authorisation, and
14(b)  the extent to which the licensing body is entitled to negotiate or grant performers' property right licences in relation to similar rights, other than under an authorisation under this paragraph."
 

LORD CLEMENT-JONES

 

LORD RAZZALL

 

[As an amendment to amendment 36]

37Line 2, leave out from "provide" to end of line 14 and insert "that no extended licence under a scheme authorised by subsection (1) shall be granted if a substantial proportion of copyright owners and of performers affected by such a licence object to it."
 

LORD MANDELSON

38Page 65, line 35, at end insert—
"(   )      In this paragraph—
 "member", in relation to a licensing body, means—
(a)  an owner of a performer's property rights on whose behalf the body is authorised to negotiate or grant licences, other than under an authorisation under this paragraph, and
(b)  a person other than the owner of a performer's property rights who is or would be entitled to royalties or other sums paid in respect of a licence in relation to the rights granted by the body;
 "performers' property right licences" has the same meaning as in paragraph 1."
39Page 65, line 37, leave out "in accordance with regulations"
40Page 66, leave out line 9 and insert—
"(   )  public funding bodies;
(   )  trade unions and trade associations;"
41Page 66, line 10, leave out "works" and insert "recordings"
42Page 66, line 23, leave out "copyright owner" and insert "owner of the interest"
43Page 67, line 24, leave out "(6)" and insert "(3)"
44Page 67, line 30, after "rights," insert—
"(   )  as if the reference in paragraph 3(3) to section 116B were a reference to paragraph 1B,"

 
 
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15 March 2010