Amendments proposed to the Communications Bill - continued	House of Commons
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Mr Simon Thomas

349

Page     231,     line     46,     leave out Clause 263.

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Brian White

503

Clause     60,     page     60,     line     25,     after 'form', insert ', is comprised in the Home Services as defined in the BBC Charter'.

   

Mr Simon Thomas

212

Clause     60,     page     60,     line     31,     at end insert—

'(g)	television services for the deaf and visually impaired so far as provided in digital form.'.

   

Brian White

491

Clause     60,     page     60,     line     31,     at end insert—

'(g)	any local digital television service;

(h)	any access radio service'.

   

Brian White

504

Clause     60,     page     61,     leave out lines 4 and 5 and insert—

'(a)	the extent to which the service contributes to the purposes of public service television broadcasting;'.

   

Brian White

505

Clause     60,     page     61,     line     16,     at end insert—

'(e)

in determining whether it is appropriate for the purposes of subsection (6) to add a service to the list of must-carry services, the Secretary of State must, in having regard to the matters specified in subsection (7)(c) and subsection (7)(d), have regard to any representations made by a provider of a network to which conditions set in accordance with this section apply concerning the ability of that provider to use the capacity for broadcasting or transmitting the service by means of that network for another purpose and, in particular, the ability of that provider to derive income from the use of the capacity for another purpose.'.

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Nick Harvey
Mr Richard Allan

527

Clause     71,     page     70,     line     11,     at end insert—

    '(2A)   It shall be the duty of OFCOM, when setting access-related conditions under section 69(5), and ensuring that the conditions are set in accordance with subsection (2)(b) (and in particular the first indent to sub-paragraph (b) of Part 1 to Annex 1 to the Access Directive), that the factors listed in subsection (2B) are taken into account.

    (2B)   The factors referred to in subsection (2A) are—

(a)

achievement of any of the three objectives specified in section 264 or 265 or of any corresponding objectives in relation to the BBC, or the imposition of any obligation pursuant to section 264 or 265, or any corresponding obligation imposed on the BBC, whether (in the case of the BBC) corresponding objectives or corresponding obligations arise under such an agreement as is referred to in section 193 or otherwise;

(b)	the extent, if any, to which a person to whom such a conditional access system is to be provided requires the use of such a system—

(i)	to achieve an objective or to secure the discharge of an obligation of the kind referred to in paragraph (a); or

(ii)	to achieve objectives or secure the discharge of an obligation imposed on it pursuant to its licence or, in the case of the BBC, pursuant to objectives or obligations laid down in its Charter or pursuant to the agreement referred to in section 193; and

(c)	the extent, if any, to which the use of such a system by the person to whom such a system is to be supplied confers a benefit on the provider of such a system or on any other person having a commercial interest in such provider.'.

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

452

Clause     264,     page     234,     line     14,     at end add—

    '(11)   Any agreement made (whether before or after the coming into force of this section) between the BBC and Secretary of State to regulate the provision of the BBC's services shall contain such conditions as the Secretary of State considers appropriate for securing the three objectives set out in this section in respect of every service of television programmes provided by the BBC.'.

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

595

*Clause     265,     page     234,     line     26,     leave out 'to be broadcast'.

   

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

596

*Clause     265,     page     234,     line     26,     leave out 'that is' and insert 'over which broadcasts are'.

   

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

597

*Clause     265,     page     234,     line     33,     leave out 'broadcast so as to be'.

   

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

598

*Clause     265,     page     235,     line     29,     after 'form', insert 'in the United Kingdom'.

   

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

453

Clause     265,     page     235,     line     33,     at end add—

    '(9)   Any agreement made (whether before or after the coming into force of this section) between the BBC and Secretary of State to regulate the provision of the BBC's services shall contain such conditions as the Secretary of State considers appropriate for securing the three objectives set out in this section in respect of every service of television programmes provided by the BBC.'.

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

451

Clause     266,     page     237,     line     15,     leave out subsection (11) and insert—

    '(11)   An order under section 395 must not appoint a day for provisions of this section to come into force that falls—

(a)	less than six months after the day on which the order is made;

(b)	more than six months before digital switchover.

    (12)   In this section a reference to digital switchover is a reference to the date fixed by the Secretary of State for the purposes of this section as the date which appears to him to be the date after which none of the licensed public service channels will broadcast to any significant extent in analogue form.'.

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Mr Stephen Timms
Dr Kim Howells

529

*Clause     269,     page     238,     line     10,     leave out 'subsection (1)' and insert 'this section'.

   

Mr Stephen Timms
Dr Kim Howells

530

*Clause     269,     page     238,     line     11,     leave out 'the' and insert 'a'.

   

Mr Stephen Timms
Dr Kim Howells

531

*Clause     269,     page     238,     line     14,     leave out 'that subsection' and insert 'this section'.

   

Mr Stephen Timms
Dr Kim Howells

532

*Clause     269,     page     238,     line     15,     leave out 'the' and insert 'a'.

   

Mr Stephen Timms
Dr Kim Howells

533

*Clause     269,     page     238,     line     18,     leave out 'that subsection' and insert 'this section'.

   

Mr Stephen Timms
Dr Kim Howells

534

*Clause     269,     page     238,     line     19,     leave out 'the' and insert 'a'.

   

Mr Stephen Timms
Dr Kim Howells

535

*Clause     269,     page     238,     line     24,     at end insert—

    '(3A)   The Secretary of State may also by order provide for the regulatory regime for every licensed public service channel to include conditions falling within subsection (3B), either instead of or as well as those falling within subsection (1).

    (3B)   The conditions falling within this subsection are those that OFCOM consider appropriate for securing that, in each year, not less than the percentage specified in the order of the programming budget for that year for that channel is applied in the acquisition of independent productions.

    (3C)   The power to make an order under subsection (3A) includes power to provide that conditions that have previously ceased under such an order to be included in the regulatory regime for every licensed public service channel are again so included, in addition to or instead of the conditions already so included (apart from the exercise of that power) by virtue of this section.

    (3D)   The Secretary of State is not to make an order for the regulatory regime of every licensed public service channel to include or exclude conditions falling within subsection (1) or conditions falling within subsection (3B) unless—

(a)	OFCOM have made a recommendation to him for those conditions to be included or excluded; and

(b)	the order gives effect to that recommendation.

    (3E)   The regulatory regime for every licensed public service channel also includes a condition requiring the provider of the channel to comply with directions given to him by OFCOM for the purpose of—

(a)	carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in his compliance with the requirements of conditions imposed by virtue of subsection (1) or (3A); and

(b)	thereby increasing the percentage applicable for the purposes of those conditions to the subsequent year or years.

    (3F)   For the purposes of conditions imposed by virtue of this section—

(a)	the amount of the programming budget for a licensed public service channel for a year, and

(b)	the means of determining the amount of that budget that is applied for any purpose,

are to be computed in accordance with such provision as may be set out in an order made by the Secretary of State, or as may be determined by OFCOM in accordance with such an order.

    (3G)   The powers of the Secretary of State to make orders under this section do not include—

(a)	power to specify different percentages for the purposes of subsection (1), or of a condition falling within subsection (3B), for different regional Channel 3 services or for different national Channel 3 services; or

(b)	power to make different provision for different licensed public service channels as to whether conditions falling within subsection (1) or conditions falling within subsection (3B), or both, are included in the regulatory regimes for those services.'.

Prepared 16 Jan 2003