Notification requirements for satellite packagers
Nick Harvey
Mr Richard Allan
NC10
To move the following Clause:—
'(1) A person shall not act as a designated satellite packager unless, before beginning to do so, he has given a notification to OFCOM of his intention to do so.
(2) For the purposes of this section—
| (a) | a person acts as a designated satellite packager if he acts as a satellite packager of a description for the time being designated by OFCOM for those purposes; and |
| (b) | such a description may be framed by reference to any one or more of the following— |
| (i) | the manner in which a satellite packager acts as such; |
| (ii) | the circumstances of his so acting; |
| (iii) | the characteristics of the services included in his package; |
| (iv) | the programmes included in those services; and |
| (v) | any other factors that OFCOM consider appropriate. |
(3) Where a person has given a notification for the purposes of subsection (1), he must, before ceasing to act as a designated satellite packager, give a notification to OFCOM of his intention to do so.
(4) A notification for the purposes of this section must—
| (a) | be sent to OFCOM in such manner and form as OFCOM may require; and |
| (b) | contain all such information as OFCOM may require. |
(5) Before—
| (a) | making or withdrawing a designation for the purposes of this section, |
| (b) | imposing requirements under subsection (4), or |
| (c) | modifying requirements imposed under that subsection, |
OFCOM must consult such of the persons who, in their opinion, are likely to be affected by it as they think fit.
(6) OFCOM is only required to consult under subsection (5) about modifications that appear to them to be likely to have a significant impact on persons affected by them.
(7) Before making or withdrawing a designation for the purposes of this section OFCOM must also consult the Secretary of State.
(8) The way in which a designation for the purposes of this section or a requirement under subsection (4)—
| (a) | is to be made or imposed, or |
| (b) | may be withdrawn or modified, |
is by a notice published in such manner as OFCOM consider appropriate for bringing the designation, requirement, withdrawal or modification to the attention of the persons who, in their opinion, are likely to be affected by it.
(9) Requirements imposed under subsection (4) may make different provision for different cases.
(10) Where a description of satellite packager is designated for the purposes of this section at a time when a person is already acting as such a packager—
| (a) | his obligation under this section to give a notification before beginning to act as such a packager shall have effect as an obligation to give a notification within such period after the coming into force of the designation as may be specified in the notice in which the designation is contained; and |
| (b) | that notification is to be one stating that that person is already acting as a designated satellite packager (rather than it is his intention to do so).'. |
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.'.
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