Vote Bundle Text (921212-07)

Amendments proposed to the Communications Bill - continued	House of Commons

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Mr Andrew Lansley

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

Nick Harvey
Mr Richard Allan

210

Clause 348, page 299, line 10, at end insert—

'"must-distribute services" means the services for the time being listed in section [conditions applying to satellite packagers];'

Nick Harvey
Mr Richard Allan

211

Clause 348, page 300, line 8, at end insert—

'"satellite package" and "satellite packager" are to be construed in accordance with section [definition of satellite packaging];'

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

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

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

Mr Andrew Lansley
Nick Harvey

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—

"	Office of Communications".'.

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

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—

(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.'.

Function of promoting inclusive design

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

NC5

To move the following Clause:—

'(1) It shall be the duty of OFCOM to take such steps, and to enter into such arrangements, as appear to them calculated—

(a)	to bring about a better awareness and understanding of inclusive design principles, techniques and standards among—

(i)	the designers and manufacturers of apparatus designed or adapted for use in connection with electronic communications services or associated facilities; and

(ii)	the providers of electronic communications services;

(b)	to encourage the designers, manufacturers and service providers mentioned in paragraph (a) to adopt inclusive design principles and techniques in the development of new apparatus, facilities and services; and

(c)	to bring about a better public awareness and understanding of inclusive design in relation to electronic communications apparatus, facilities and services.

(2) References in this section to "inclusive design" are references to designs which result in apparatus and services which are accessible to, and usable by, as many people as reasonably possible and to the greatest extent possible without the need for special adaptation or specialised design.

(3) References in this section to electronic communications services includes websites.'.

Duty to publish and meet openness standards

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

NC6

To move the following Clause:—

'(1) It shall be the duty of OFCOM to publish a statement setting out the standards they are proposing to meet with respect to openness in—

(a)	the carrying out of their different functions; and

(b)	providing reasons for any decision made to persons who, in their opinion, are likely to be affected by the matters to which it relates.

(2) OFCOM may, if they think fit, at any time revise the statement for the time being in force under this section.

(3) It shall be the duty of OFCOM in carrying out their functions to have regard to the statement for the time being in force under this section.

(4) Where OFCOM revise a statement under this section, they must publish the revision as soon as practicable.

(5) The publication under this section of a statement, or of a revision of a statement, must be in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the matters to which it relates.

(6) OFCOM's report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) (annual report) for each financial year must contain a statement by OFCOM summarising the extent to which they have complied during that year with the standards set out under this section.'.