Register of designations and satellite packagers
Nick Harvey
Mr Richard Allan
NC11
To move the following Clause:—
'(1) It shall be the duty of OFCOM to establish and maintain a register for the purposes of section [notification requirements for satellite packagers].
(2) OFCOM shall record in the register—
| (a) | every designation by them for the purposes of section [notification requirements for satellite packagers]; |
| (b) | every withdrawal by them of such a designation; and |
| (c) | every notification given to them under that section. |
(3) Information recorded in the register must be so recorded in such manner as OFCOM consider appropriate.
(4) OFCOM shall make the register available for public inspection—
| (a) | during such hours; and |
| (b) | on payment of such fees, |
as they may by order prescribe.
(5) Section 388 applies to the power of OFCOM to make an order under subsection (4).
(6) It shall be the duty of OFCOM to publish a notification setting out—
| (a) | the times at which the register is for the time being available for public inspection; and |
| (b) | the fees that must be paid for, or in connection with, an inspection of the register. |
(7) The publication of a notification under subsection (6) 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 it.'.
Conditions applying to satellite packagers
Nick Harvey
Mr Richard Allan
NC12
To move the following Clause:—
'(1) OFCOM may set such conditions applying to satellite packagers as OFCOM think fit for the purpose set out in subsection (2).
(2) That purpose is securing that satellite packages supplied by those packagers in the course of acting as designated satellite packagers (within the meaning of section [notification requirements for satellite packagers]) include, in the case of every package, an entitlement to receive—
| (b) | in an intelligible form, and |
| (c) | by means of the satellite television service to which the package relates, |
the services included in the list of must-distribute services. (3) An entitlement to receive a must-distribute service is made available free of charge only if no charge attributable (whether directly or indirectly) to the conferring of that entitlement is imposed for or in connection with the supply of the satellite package in which the entitlement is comprised.
(4) The list of must-distribute services is as follows—
| (a) | any service of television programmes provided by the BBC so far as it is provided in digital form and is a service in relation to which OFCOM have functions; |
| (b) | a Channel 3 service so far as provided in digital form; |
| (c) | Channel 4 so far as provided in digital form; |
| (d) | Channel 5 so far as provided in digital form; |
| (f) | the public teletext service. |
(5) Conditions under this section that require an entitlement to be conferred as respects a service included in the list of must-distribute services must, to such extent as OFCOM consider appropriate—
| (a) | require the same entitlement to be conferred as respects every service which is an ancillary service by reference to a service included in that list; and |
| (b) | provide for the services as respects which the entitlement is conferred to be treated, in relation to particular satellite packages, as constituting such services comprised in or provided with the listed service as may be determined by OFCOM. |
(6) Before setting, revoking or modifying a condition under this section, OFCOM must consult—
| (a) | the Secretary of State; and |
| (b) | such of the following as OFCOM think fit— |
| (i) | the persons who are likely, in OFCOM's opinion, to be affected by the condition, revocation or modification; and |
| (ii) | the persons who appear to OFCOM to represent such persons. |
(7) The way in which conditions under this section are to be set or modified is by the publication of a notification setting out the conditions or modifications.
(8) The way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.
(9) The publication of a notification under subsection (7) or (8) must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of the persons who, in OFCOM's opinion, are likely to be affected by its contents.
(10) The Secretary of State may by order modify the list of must-distribute services.'.
Enforcement of sections [notification requirements for satellite packagers] and [conditions applying to satellite packagers]
Nick Harvey
Mr Richard Allan
NC13
To move the following Clause:—
'Schedule [Enforcement of sections [notification requirements for satellite packagers] and [conditions applying to satellite packagers]] shall have effect.'.
Power to modify satellite packager notification provisions
Nick Harvey
Mr Richard Allan
NC14
To move the following Clause:—
'(1) The Secretary of State may by order to modify sections [definition of satellite packagers], [notification requirements for satellite packagers] and [register of designations and satellite packagers] and Part 1 of Schedule [Enforcement of sections [notification requirements for satellite packagers] and [conditions applying to satellite packagers]] in such manner as he thinks fit.
(2) The power to make such an order is not to be exercised at any time after the commencement of section [notification requirements for satellite packagers].
(3) Before making such an order the Secretary of State must consult—
| (b) | providers of the must-distribute services or persons appearing to him to represent those providers or both; and |
| (c) | such persons not falling within the preceding paragraphs as appear to the Secretary of State to be, or to represent, persons likely to be particularly affected by the proposed order. |
(4) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Conditions to secure access to audio-description
Mr Simon Thomas
NC15
To move the following Clause:—
'(1) It shall be the duty of OFCOM to set such general conditions as they consider appropriate for securing that audio-described television programmes, so far as provided in digital form, are—
| (a) | broadcast or otherwise transmitted; and |
| (b) | made available for reception in an intelligible form, |
by means of the electronic communications networks described in the conditions.'.
Duties of BBC as respects independent productions for radio
Michael Fabricant
Mr Andrew Lansley
NC16
To move the following Clause:—
'(1) It shall be the duty of the BBC to secure that, in each relevant period, not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes in the radio broadcasting services provided by them is allocated to the broadcasting of a range and diversity of independent productions.
(2) In subsection (1)—
| (a) | the reference to prescribed percentage is a reference to the percentage which the Secretary of State may by order specify; |
| (b) | the reference to qualifying programmes is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be qualifying programmes for the purposes of that section; |
| (c) | the reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of that subsection; and |
| (d) | the reference to a range of independent productions is a reference to a range of programmes in terms of cost of acquisition as well as in terms of the types of programme involved. |
(3) Before making an order under subsection (2) above the Secretary of State shall consult with OFCOM.
(4) OFCOM shall, in each relevant period, make a report to the Secretary of State on the extent to which the BBC have performed their duty under subsection (1) above in that period.'.
Irish language television programmes
Mr Simon Thomas
NC17
To move the following Clause:—
'.—(1) The Secretary of State—
| (a) | may, for the financial year beginning with 1st April 2004, and |
| (b) | shall, for each subsequent financial year, |
pay to OFCOM such amount as he may, with the approval of the Treasury, determine to be appropriate for the purposes of this section.
(2) Any amount received by OFCOM under subsection (1) shall be carried by them to the credit of a fund established by them under this section, to be known as the Irish Language Television Fund (and any such amount shall accordingly not be regarded as forming part of the revenues of OFCOM).
(3) The Fund shall be under the management of a body established for the purposes of this section, which shall be called Coiste Teilifise Gaeilge (the Irish Language Television Committee).
(4) Coiste Teilifise Gaeilge shall consist of no more than 10 members, the members and Chairman of the Committee are to be appointed by OFCOM.
(5) The committee shall include members nominated by the following bodies—
| (a) | Foras na Gaeilge (Irish Language Agency, Cross-Border Language Body); |
| (e) | The Northern Ireland Film and Television Commission. |
(6) OFCOM must secure, so far as practicable, that the membership of the Committee is such that the interests of the following are adequately represented—
| (a) | the independent television production sector in Northern Ireland; |
| (b) | other persons and bodies concerned with the promotion of the Irish language in Northern Ireland; |
| (c) | other persons and bodies concerned with Irish-medium education and the teaching of Irish in the English-medium educational sector in Northern Ireland. |
(7) When appointing members of the Committee, OFCOM must have regard to—
| (a) | the desirability of having members of the committee who are proficient in written and spoken Irish; |
| (b) | any guidance issued by the Secretary of State for the purposes of this section. |
(8) The Fund may be applied by the Committee—
| (a) | in the making of grants for the following purposes, namely— |
| (i) | financing the making of television programmes in the Irish language primarily with a view to the broadcasting of such programmes by TG4 and/or other appropriate broadcasters for reception in Northern Ireland and elsewhere; |
| (ii) | financing the training of persons employed or to be employed in connection with the making of such programmes; and |
| (iii) | other purposes connected with or related to the making of such programmes; and |
| (b) | in financing the undertaking of research into the types of television programmes in the Irish language that members of the Irish-speaking community in Northern Ireland would like to be broadcast. |
(9) When making any grant out of the Fund in pursuance of subsection (8) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.
(10) The Committee shall perform their functions under this section with respect to the making of grants out of the Fund in such manner as they consider will secure that a wide range of high quality television programmes in the Irish language are broadcast for reception in Northern Ireland.
(11) Any sums required by the Secretary of State under subsection (1) shall be paid out of money provided by Parliament.
(12) In this section:
| | "OFCOM" means the Office of Communications; |
| | "the Committee" means the body esablished under subsection (3) above; |
| | "TG4" means the dedicated Irish language station broadcasting from the Republic of Ireland and cited as "Teilifis na Gaeilge" in the Belfast Agreement, Rights, Safeguards and Equality of Opportunity: Economic, Social and Cultural Issues, Paragraph 4.'. |
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