Vote Bundle Text (930114-07)

Amendments proposed to the Communications Bill - continued	House of Commons

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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.'.

Mr Stephen Timms
Dr Kim Howells

273

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

Mr Stephen Timms
Dr Kim Howells

445

Schedule 18, page 521, line 7, at end insert—

'Applications for extension of pre-transfer licences

41A (1) Section 247(2B)(a) does not prevent the determination by OFCOM of a day falling less than one year after the making of the determination where—

(a) OFCOM consider that the day by which they would need to publish a notice is a day which is not more than 15 months after the commencement date; and

(b) the determination of that day is made as soon as practicable after the commencement date.

(2) Where the day determined by OFCOM for the purposes of paragraph (b) of section 247(2A) is a day in the period of three months beginning with the day after the determination, that paragraph shall have effect as if for the words "three months before" there were substituted "on".

(3) In this paragraph, the "commencement date" is the date on which section 247 comes into force.

Applications for renewal of licences under 1990 Act and 1996 Act

41B (1) A provision set out in sub-paragraph (2) does not prevent the determination by OFCOM of a date falling less than one year after the making of the determination where—

(a) OFCOM consider that the relevant date for the purposes of the section in question is a date which is not more than 15 months after the commencement date; and

(b) the determination of the relevant date is made as soon as practicable after the commencement date.

(2) Those provisions are—

(a) section 53(12) of the 1990 Act;

(b) section 103A(12) of the 1990 Act;

(d) section 16(12A) of the 1996 Act;

(e) section 58(12A) of the 1996 Act.

(3) An application which is made before the commencement date in accordance with a provision set out in sub-paragraph (5) shall be treated after that date as if it had been made in accordance with that provision as amended by this Act.

(4) Where, in a case where a provision set out in sub-paragraph (5) applies, the relevant date for the purposes of the section in question is a date in the period of three months beginning with—

(a) the commencement date, or

(b) the day after the day on which the relevant date is determined,

that provision shall have effect as if the words "the day falling three months before" were omitted.

(5) Those provisions are—

(a) section 53(2) of the 1990 Act;

(b) section 103A(2) of the 1990 Act;

(d) section 16(3) of the 1996 Act;

(e) section 58(3) of the 1996 Act.

(6) In this paragraph, the "commencement date", in relation to any provision set out in sub-paragraph (2) or (5) is the date on which the provision of Schedule 15 inserting or amending that provision comes into force.'.

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

270

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

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

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

'Section 32(9).'.

Mr Stephen Timms
Dr Kim Howells

446

Schedule 19, page 531, line 19, column 2, at end insert—

½ 'In section 53(4), the words "before the relevant date".'.

Mr Stephen Timms
Dr Kim Howells

447

Schedule 19, page 532, line 6, column 2, after 'subsection (3),', insert 'the words "before the relevant date",'.

Mr Stephen Timms
Dr Kim Howells

448

Schedule 19, page 532, line 7, column 2, at end insert—

½ '(aa) in subsection (8), the words from "(whether because" to "any other reason)";'.

Nick Harvey
Mr Richard Allan

408

Schedule 19, page 533, leave out lines 28 to 30.

Nick Harvey
Mr Richard Allan

409

Schedule 19, page 533, line 31, leave out '(2) and'.

Nick Harvey

433

Schedule 19, page 533, line 32, leave out '(2) and (3)'.

Mr Andrew Lansley

170

Schedule 19, page 533, leave out line 40.

Mr Stephen Timms
Dr Kim Howells

449

Schedule 19, page 535, line 18, column 2, at end insert—

½ 'In section 16(6), the words "before the relevant date".'.

Mr Stephen Timms
Dr Kim Howells

450

Schedule 19, page 535, line 39, column 2, leave out 'Section 58(5).' and insert—

½ 'In section 58—

(a) subsection (5);

(b) in subsection (6), the words "before the relevant date".'.

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.'.