S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 17th December 2002
New Amendments handed in are marked thus *
STANDING COMMITTEE E
COMMUNICATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th December].
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
85
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
86
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
95
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
96
Clause 98, page 93, line 4, leave out 'or contravening supplier'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
97
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
98
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
99
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
245
*Clause 116, page 107, line 27, after 'content', insert ', promotion'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
246
*Clause 116, page 108, line 3, leave out first 'service' and insert 'network'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
247
*Clause 116, page 108, line 5, at end insert 'and'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
248
*Clause 116, page 108, line 8, leave out from 'provided' to end of line 10.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
249
*Clause 116, page 108, leave out lines 23 to 27 and insert—
| '(c) | he is the provider of an electronic communications network used for the transmission of communications comprised in the service.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
250
*Clause 118, page 110, leave out line 8 and insert—
| '(ee) | power to provide for such a person to impose fines not exceeding £250,000 or to require the barring of access to particular premium rate services or to a range of premium rate services; |
| (ef) | power to provide for such a person to enforce, or to participate in the enforcement of, any such impositions or requirements made under such an order; and'. |
