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

268

Page     317,     line     7,     leave out Clause 370.

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

269

Page     317,     line     25,     leave out Clause 371.

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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.'.

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Mr Stephen Timms
Dr Kim Howells

309

Schedule     17,     page     465,     line     45,     at end insert—

'( )	In subsection (4), for "specified under subsection (3) shall include" there shall be substituted "must include provision for".'.

   

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 Stephen Timms
Dr Kim Howells

310

Schedule     17,     page     498,     line     18,     at end insert—

'( )   in subsection (2)(b), for "the issue or renewal of the licence" there shall be substituted "the issue of the licence or the making of the grant";'.

   

Mr Stephen Timms
Dr Kim Howells

311

Schedule     17,     page     498,     line     20,     leave out 'and'.

   

Mr Stephen Timms
Dr Kim Howells

312

Schedule     17,     page     498,     line     22,     at end insert 'and

( )   in subsection (5), at the end there shall be inserted "or any grant of recognised spectrum access made in accordance with regulations under section 3A".'.

   

Mr Andrew Lansley

305

Schedule     17,     page     498,     line     40,     at end insert—

    '(2A)   The provisions of subsection (2) shall not apply to charges in respect of grants of recognised spectrum access.'.

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Mr Stephen Timms
Dr Kim Howells

273

Schedule     18,     page     508,     line     15,     leave out '17' and insert '16'.

   

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

270

Schedule     18,     page     525,     line     11,     leave out 'and OFCOM'.

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Mr Stephen Timms
Dr Kim Howells

381

*Schedule     19,     page     527,     leave out lines 37 to 39.

   

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.

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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.".'.

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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.'.

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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.'.

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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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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.'.

Prepared 9 Jan 2003