Amendments proposed to the Communications Bill - continued House of Commons

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Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

43

Clause     193,     page     171,     line     17,     at end insert 'and to enforce the terms of the BBC Fair Trading Commitment as currently drafted'.

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

149

Clause     193,     page     171,     line     23,     at end insert—

    '(2A)   In exercising their functions under this section OFCOM shall consult with and have regard to the views of persons providing services and facilities other than the BBC who, in their opinion, are likely to be affected by the BBC's services.'.


   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

121

Clause     231,     page     202,     line     44,     at end insert—

    '(2A)   The amount of the penalty under this section is to be such an amount as OFCOM determine to be—

      (a) appropriate; and

      (b) proportionate to the contravention in respect of which it is imposed.'.


   

Mr Simon Thomas

191

*Clause     299,     page     258,     line     35,     at end insert—

    '(2A)   In Wales, due prominence means parity of access to the full range of S4C digital programmes.'.


   

Mr Simon Thomas

192

*Clause     322,     page     278,     line     6,     at end insert—

      '(d) It shall be allowable for a service provider to enter into a contractual obligation with a third party in pursuance of compliance with paragraph (a) above.


   

Mr Simon Thomas

194

*Schedule     12,     page     387,     line     33,     at end insert—

    '(2A)   In paragraph (2)(b), "mainly" means at least 75 per cent.'.


   

Mr Simon Thomas

193

*Clause     329,     page     282,     line     41,     leave out '£250,000' and insert '£10,000'.


   

Mr Andrew Lansley
Nick Harvey

21

Clause     335,     page     285,     line     12,     leave out paragraph (b).


   

Mr Andrew Lansley

20

Page     286,     line     41,     leave out Clause 336.


   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

44

Clause     338,     page     288,     line     24,     leave out subsections (1) and (2) and insert—

    '(1)   Subsection (9) of section 32 of the 1990 Act (limits on participation in nominated news providers) shall cease to have effect.'


   

Mr Andrew Lansley

17

Clause     347,     page     296,     line     38,     leave out 'three' and insert 'two'.

   

Mr Andrew Lansley

18

Clause     347,     page     296,     line     38,     leave out 'to (5)' and insert 'and (4)'.

   

Mr Andrew Lansley

19

Clause     347,     page     296,     line     43,     leave out 'a selection' and insert 'a sequence of at least two selections'.

   

Mr Andrew Lansley

16

Clause     347,     page     297,     line     3,     leave out subsection (5).


   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

122

Clause     355,     page     307,     line     7,     at end add—

    '(4)   OFCOM's competition functions should form part of the review of regulatory burdens by OFCOM as described in section 6.'.


   

Mr Andrew Lansley

24

Clause     364,     page     312,     line     41,     at end insert—

    '(3CC)   The condition in subsection (3C) will not be satisfied if, in relation to the supply of newspapers of any description considered, the total circulation of those newspapers does not exceed 50,000 on a daily or a weekly basis as appropriate.'.


   

Mr Andrew Lansley
Nick Harvey

25

Clause     377,     page     320,     line     25,     at end insert 'and broadcast radio and television services'.

   

Mr Andrew Lansley
Nick Harvey

26

Clause     377,     page     320,     line     36,     at end insert—

    '(4A)   Any report to the Secretary of State on a review carried out prior to the coming into force of section [broadcasting public interest considerations] must set out OFCOM's recommendations on whether that section ought to be brought into force.

    (4B)   Any report to the Secretary of State on a review carried out after the coming into force of section [broadcasting public interest considerations] must set out OFCOM's recommendations on the exercise by the Secretary of State of his powers under Part 3 of the Enterprise Act in connection with broadcast radio and television services.'.


   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

123

Schedule     17,     page     472,     line     42,     at end insert—

'Parliamentary Commissioner Act 1967

    36A   In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), there shall be inserted (at the appropriate place in alphabetical order) the following entry—

      "(i) Office of Communications".'.


   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

45

Schedule     19,     page     531,     line     7,     at end insert—

       'Section 32(9).'.

   

Mr Andrew Lansley

170

Schedule     19,     page     533,     leave out line 40.


NEW CLAUSES

Broadcasting public interest considerations
   

Mr Andrew Lansley
Nick Harvey

NC1

To move the following Clause:—

    '(1)   Section 58 of the Enterprise Act (c. 40) (specified considerations) shall be amended as follows.

    (2)   After subsection (2), there shall be inserted—

          "(2A)   The need for—

          (a) accurate and impartial presentation of news and factual content in television and radio programming; and

          (b) free expression of opinion in broadcast television and radio services

        is specified in this section.

          (2B)   The need for, to the extent that it is reasonable and practicable, a plurality of views in broadcasting television and radio services is specified in this section.".'.


Duty to establish and maintain Competition Board

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC2

To move the following Clause:—

    '(1)   It shall be the duty of OFCOM to establish and maintain a committee to be known as "the Competition Board".

    (2)   The Competition Board shall consist of—

      (a) a chairman appointed by OFCOM; and

      (b) such number of other members appointed by OFCOM as OFCOM may determine.

    (3)   In appointing a person OFCOM must have regard to the desirability of ensuring that the persons appointed are experts, both users and suppliers of electronic communications, working in the industry who have a commercial knowledge of the market.

    (4)   Before appointing a person to be chairman or another member of the Competition Board, OFCOM must satisfy themselves that he will not have any direct financial or other interest which would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the Competition Board.'.


Functions of the Competition Board

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC3

To move the following Clause:—

    '(1)   The functions conferred on the Competition Board must include, to such an extent and subject to such restrictions and approvals as OFCOM may determine, the carrying out on OFCOM's behalf of—

      (a) functions in relation to ensuring that there is a constant process of evaluating the level of competition in the market, assessing possible moves to self-regulation, and between ex ante and ex post regulation;

      (b) functions in relation to determining the matters to which a regulatory impact assessment should relate; and

      (c) functions in relation to addressing and managing the issues of concurrent powers between OFCOM and the Office of Fair Trading.

    (2)   The power of OFCOM to determine the Competition Board's functions includes power to authorise the Board to establish committees and panels to advise the Board on the carrying out of some or all of the Board's functions.'.


Duty to establish and maintain Economic Panel
   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC4

To move the following Clause:—

    '(1)   It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) to establish and maintain a committee to be known as "the Economic Panel" to give advice to OFCOM on economic theory and practice in relation to the exercise of their functions under this Act and, in particular, in relation to the following matters—

      (a) the nature and operation of markets for electronic networks, electronic communications services and associated facilities;

      (b) the interests of providers of such networks, services and facilities as well as those of consumers;

      (c) the promotion of competition between such providers; and

      (d) economic regulatory policy.

    (2)   The arrangements made by OFCOM under this section must also secure that the Economic Panel are able, in addition to giving advice on the matters mentioned in subsection (1), to make arrangements for the carrying out of such research relevant to the giving of that advice as they think fit.

    (3)   It shall be the duty of OFCOM, in the carrying out of their functions, to consider and, to such extent as they think appropriate, to have regard to—

      (a) any advice given to OFCOM by the Economic Panel; and

      (b) any results notified to OFCOM of any research undertaken by that Panel.'.

 
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Prepared 6 Dec 2002