Vote Bundle Text (921212-05)

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

201

Clause 83, page 80, line 20, at end insert—

'(9A) In relation to SMP conditions authorised by subsection (9), the burden of proof that charges are cost-orientated shall be with the dominant provider.'.

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

Clause 83, page 80, line 40, leave out 'access' and insert 'services'.

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

Clause 86, page 82, line 43, at end add 'with a facility to override that selection on any occasion by dialling a code determined by OFCOM'.

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

103

Clause 89, page 84, line 24, after 'apparatus', insert 'in that market'.

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

104

Clause 89, page 84, line 26, leave out from 'section' to end of line 29 and insert 'are—

(a)	conditions requiring the dominant supplier to maintain such a separation for accounting purposes between matters relating to the supply of electronic communications apparatus in that apparatus market and the rest of the supplier's business as a whole as may be described in the conditions; and

(b)	conditions imposing price controls in relation to the supply (whether by sale or hire) of telephones for hardwiring to an electronic communications network.'.

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

Page 84, line 18, leave out Clause 89.

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

105

Clause 90, page 84, line 41, leave out from 'OFCOM' to second 'that' and insert 'find, on the basis of an investigation in which the undertaking has had a proper opportunity in which to make representations'.

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

106

Clause 90, page 85, line 8, leave out 'making representations' and insert 'stating his views'.

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

107

Clause 90, page 86, line 8, after 'condition', insert 'consisting of the same behaviour'.

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

236

*Clause 91, page 86, line 14, leave out subsections (1) and (2) and insert—

'(1) If, after following the procedure in section 90, OFCOM then proposes to give the notified provider an enforcement notification, it shall first—

(a)	give written notice of its proposed action stating the matters to which they have taken objection, the action they propose and their reasons for it;

(b)	inform the notified provider that any oral or written representations made to OFCOM within the period specified in the notice will be considered, and give the notified provider a reasonable opportunity to make such representations; and

(c)	subject to subsection (2), if so requested by the notified provider, give the notified provider or its authorised representatives an opportunity to inspect the documents in OFCOM's file relating to the proposed decision.

(2) OFCOM may give the notified provider an enforcement notification if the notified provider—

(a)	is or has been in contravention, in any of the respects notified, of a condition specified in the notification under section 90;

(b)	has not taken the necessary steps to remedy the contravention; and

(c)	has received a notice under subsection (1) and been afforded the opportunities to make representations and to access OFCOM's file as set out in that subsection.'.

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

233

*Page 87, line 4, leave out Clause 92.

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

232

*Clause 93, page 87, line 38, leave out 'ten' and insert 'five'.

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

234

*Page 87, line 36, leave out Clause 93.

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

108

Clause 94, page 89, line 43, leave out from 'direction' to end of line 47.

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

109

Clause 95, page 90, line 19, leave out fourth 'the' and insert 'a'.

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

110

Clause 95, page 90, line 22, leave out 'the' and insert 'a'.

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

111

Clause 95, page 90, line 23, leave out from second 'that' to end of line 24 and insert 'a direction was justified, they may confirm the direction with or without modifications'.

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

Page 91, line 44, leave out Clause 97.

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

115

Clause 98, page 93, line 3, leave out 'or 97'.

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

Clause 98, page 93, line 4, leave out 'or contravening supplier'.

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

Clause 98, page 93, line 10, leave out 'or the contravening supplier'.

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

116

Clause 98, page 93, line 14, leave out 'or 97'.

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

Clause 98, page 93, line 15, leave out 'or contravening supplier'.

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

117

Clause 98, page 93, line 23, leave out 'or 97'.

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

Clause 98, page 93, line 32, leave out 'or contravening supplier'.

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

118

Clause 98, page 93, line 39, leave out from '96' to end of line 40.

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

112

Clause 100, page 94, line 14, leave out paragraph (a).

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

113

Clause 100, page 94, line 31, at end add—

'(4) Any proceedings brought against a person by virtue of subsection (2)(a) shall be suspended pending the outcome of any appeal under section 187 in respect of any decision of OFCOM in relation to the breach or alleged breach which is the subject matter of the proceedings and the outcome of such appeal shall be binding in relation to those proceedings.'.

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

100

Clause 131, page 120, line 42, leave out paragraph (e).

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

114

Clause 133, page 122, line 46, at end add—

'(7) In a case where a requirement for information under section 131 or 132 indicates a requirement for any person to answer a question, make a statement or provide an opinion, whether orally or in writing, such answer, statement or opinion shall not be used by OFCOM in relation to any action to be taken against that person under section 33, 37, 92, 108, 126 or 135 without the consent in writing of that person.'.

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

102

Page 126, line 20, leave out Clause 137.

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

101

Clause 139, page 128, line 24, leave out subsection (2).

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

119

Clause 146, page 131, line 38, leave out from 'apparatus"' to end of line 39 and insert 'means (except where the extended definition in the electronic communications code applies) apparatus constructed or adapted for use in transmitting, conveying (including switching or routing) or receiving signals (as defined in section 28(10)) which are to be or have been conveyed by means of a transmission system described in section 28(1)(a).'.