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Mr. Ian Taylor: Government, as we know, is a seamless web. However, when a complex piece of legislation goes through we sometimes need to table new clauses, amendments and new schedules. I apologise to the hon. Member for Ashfield (Mr. Hoon) for leaving the new clause until late in the day, but I think that he will agree that it is better late than never.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Mr. Ian Taylor:
I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker:
With this, it will be convenient to discuss also the following: New clause 16--Common technical standards for digital television--
New clause 43--Power of Commission to adopt technical licensing requirements for digital television services--
New clause 44--Amendment of section 6(1) of 1990 Act (Technical licensing requirements)--
New clause 45--Amendment of section 73(3) of 1990 Act (Licensing of local delivery services)--
New clause 46--Amendment of Schedule 12 to 1990 Act (Cable services)--
'(1) The Independent Television Commission (in this section referred to as "the Commission") shall do all that they can to secure that every licensed service uses a transmission system complying with Article 2 of Council Directive 95/47/EC on the use of standards for the transmission of television signals ("the Directive").
(2) In this section "Community digital standard" means any of the alternatives permitted within the mandatory parts of the standards to be met by a transmission system for the purpose of complying with Article 2(c) of the Directive (which relates to television services that are fully digital).
(3) The Commission may, after consultation with the persons specified in subsection (6), specify particular Community digital standards to be met in the provision of licensed services which are fully digital.
(4) In deciding whether, and if so how, to exercise their powers under subsection (3), the Commission shall, in particular--
(a) have regard to the desirability of promoting--
(i) mutual technical compatibility between digital television services, and
(ii) the development of digital television broadcasting, and
(b) consider whether it would be reasonably practicable for persons providing licensed services which are fully digital to use transmission systems meeting the Community digital standards in question.
(5) Where the Commission have exercised their powers under subsection (3), they shall--
(a) publish notice of their determination in such manner as they think fit, and
(6) The persons referred to in subsection (3) are--
(a) every person providing a licensed service,
(b) the BBC,
(c) the Welsh Authority,
(d) the Secretary of State,
(e) the Director General of Telecommunications,
(f) the Director General of Fair Trading,
(g) such persons appearing to them to represent manufacturers of television broadcasting or receiving equipment as they think fit,
(h) such persons appearing to them to represent viewers as they think fit, and
(j) such other persons as they think fit.
(7) In this section--
"licensed service" means any service licensed by the Commission under Part I of this Act or Part I or II of the 1990 Act or provided under a relevant cable licence, but does not include any service which is only broadcast or transmitted for reception outside the European Economic Area;
"relevant cable licence" means a relevant licence within the meaning of Part III of Schedule 12 to the 1990 Act (transitional provisions relating to existing cable services).'--[Mr. Ian Taylor.]
Brought up, and read the First time.
'.-(1) The Secretary of State may by order provide for additional powers for the Independent Television Commission ("the Commission") to adopt technical licensing requirements for digital television services as he may consider appropriate for the purpose of ensuring the greatest practicable mutual technical compatibility of those services.
(2) Before making an order under subsection (1), the Secretary of State shall consult--
(a) every person who is the holder of a licence to provide a digital television service;
(b) every independent analogue broadcaster as defined in section 2(1) of this Act providing a qualifying service as defined in section 2(2) of this Act;
(c) such other providers and potential providers of digital television services as he thinks fit;
(d) such bodies or persons appearing to him to represent manufacturers and producers of equipment used for receiving digital television services as he thinks fit;
(e) such other bodies or persons who are concerned with technical licensing requirements for digital television services as he thinks fit.
(3) An order under subsection (1) may not be made unless a draft of the order has been laid before and approved by a resolution of both Houses of Parliament.'.
'.--(1) After section 2 of the 1990 Act there is inserted--
"2A. (1) The Commission may adopt such technical licensing requirements for digital television services as it may consider appropriate for the purpose of ensuring the greatest practicable mutual technical compatibility of those services.
(2) Before the Commission adopt any such licensing requirements as are referred to in subsection (1), they shall consult--
(a) every person who is the holder of a licence to provide a digital television service;
(b) every independent analogue broadcaster as defined in section 2(1) of the Broadcasting Act 1996 providing a qualifying service as defined in section 2(2) of that Act;
(c) such other providers and potential providers of digital television services as the Commission think fit;
(d) such bodies or persons appearing to the Commission to represent manufacturers and producers of equipment used for receiving digital television services as the Commission think fit;
(e) such other bodies or persons who are concerned with technical licensing requirements for digital television services as the Commission think fit.
(3) Each of the following is a digital television service for the purposes of this Part and of Part I of the Broadcasting Act 1996--
(a) A multiplex service, as defined in section 1 of the Broadcasting Act 1996;
(b) A digital programme service, as defined in section 1(4) of that Act;
(c) A qualifying service, as defined in section 2(2) of that Act;
(d) A digital additional service, as defined in section 21(1) of that Act;
(e) An ancillary service, as defined in section 21(2) of that Act;
(f) An electronic programme guide service, that is to say the service of providing, whether in conjunction with a television programme service or otherwise and whether directly or indirectly, television programme information by broadcasting, transmitting or otherwise conveying that information (whether by wireless telegraphy, by means of a telecommunications system or otherwise) to equipment which is capable of receiving and/or processing the information, where that service is provided in digital form;
(g) A domestic satellite service transmitted in digital form;
(h) A non-domestic satellite service transmitted in digital form;
(i) A licensable programme service provided in digital form;
(j) A local delivery service, as defined in section 72, where that service or any of the programmes comprised in it is delivered in digital form;
(k) A diffusion service (within the meaning of Part I of the Cable and Broadcasting Act 1984), whether prescribed or otherwise, which falls to be regulated by the Commission under section 134 of, and Schedule 12 to, this Act and which is provided in digital form.'.".
'After subsection (1)(e) of section 6 of the 1990 Act (general requirements as to licensed services) there is inserted--
"(f) where the licensed service is a digital television service, that it complies with any licensing requirements adopted by the Commission under section 2A.".'.
(1) Section 73 of the 1990 Act is amended as follows.
(2) For subsection (3) there is substituted--
"(3) Subject to subsection (4), sections 3, 4, 5 and 6(1)(f) shall apply to local delivery licences as they apply to licences granted by the Commission under Part I of this Act."
(3) After subsection 4(c) there is inserted--
"(d) the reference in section 6(1)(f) to 'every licensed service' shall be construed as including a reference to licensed local delivery services.".'.
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