Development of community media
Brian White
NC34
To move the following Clause:—
(1) The Secretary of State may by order provide for—
| (a) | any of the provisions of Part 2 or Part 3 (apart from this section), or |
| (b) | any provision of Part 1, Part 2 or Part 3 of the 1990 Act or of Part 1 or Part 2 of the 1996 Act |
to have effect, in relation to services of such descriptions as may be set out in an order under this section, with such modifications as he considers necessary or appropriate for services of that description.
(2) The Secretary of State shall not make an order under this section in relation to any description of services unless—
| (a) | the description is of services to be provided primarily for the benefit of members of the public or of a particular community and not operated by the BBC or for commercial purposes; |
| (b) | he considers that the provision of services of that description confers, or would confer, significant benefits on the public or on the particular community for which they are provided. |
(3) The power, by order under this section, to make incidental, supplemental or consequential provision in connection with provision authorised by subsection (1) includes power to make incidental, supplemental or consequential provision modifying provisions of the 1990 Act, the 1996 Act or this Act that are not mentioned in that subsection.
(4) No order is to be made containing provision the making of which is authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Grants to community media
Brian White
NC35
To move the following Clause:—
'.—(1) OFCOM shall make such payments as they consider appropriate to the credit of a fund established under this section, to be known as the Community Media Fund.
(2) The Fund shall be under the management of a body established for the purposes of this section, which shall be called the Community Media Foundation.
(3) The Community Media Foundation shall consist of—
| (a) | a chairman appointed by OFCOM, and |
| (b) | such number of other members appointed by OFCOM, not being less than four nor more than eight, as they may from time to time determine. |
(4) The Fund may be applied by the Foundation in the making of grants for—
| (a) | the establishment and development of community media, |
| (b) | the making of programmes to be carried by community media, |
| (c) | the training of persons connected with community media, |
| (d) | the provision of support services to community media, |
| (e) | other related purposes. |
(5) When making any grant out of the Fund in pursuance of subsection (4) the Foundation may impose such conditions as they think fit, including conditions requiring the grant to be repaid in certain circumstances.
(6) The Foundation 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 a range and diversity of community media throughout the United Kingdom taking account of the greater need of areas and localities which are economically disadvantaged.
(7) OFCOM shall so exercise their power under subsection (3) to appoint the members of the Foundation as to secure that a majority of the members are persons who appear to them to represent a broad range of knowledge and experience of community media.
(8) Any sums required by OFCOM under subsection (1) may be paid out of money received in respect of wireless telegraphy licences, broadcast licences, administrative charges for electronic communications networks and services, and any other charges including financial penalties imposed on licensees.
(9) In this section "community media" means communications services provided primarily for the benefit of members of the public in a defined geographical locality or in a particular community and not operated by the BBC or for commercial purposes.
(10) In subsection (9) "communications services" includes—
| (a) | radio and television broadcasting; |
| (b) | electronic communications networks and services; and |
| (c) | content services carried by services falling within paragraphs (a) or (b).'. |
Community radio (No. 2)
Brian White
NC36
To move the following Clause:—
'—(1) In subsection (2) of section 84 of the 1990 Act after paragraph (a)(iii) there shall be inserted—
| (iv) | for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes (a "community service")". |
(2) In subsection (6) of section 104 of the 1990 Act in paragraph (b) after "satellite" there shall be inserted ", community".
(3) After that subsection there shall be inserted—
"(6A) In determining whether or to whom to grant a licence to provide a community service and the duration of such licence OFCOM shall have regard to the extent to which—
| (a) | the service would confer significant benefits on the public or on the particular community for which it is proposed to be provided; |
| (b) | the proposed service demonstrates evidence of support by the public or the particular community for which it is proposed to be provided; |
| (c) | the proposed service includes provision for public access to training, production and broadcast facilities; |
| (d) | the proposed service includes measures to ensure accountability to and participation by the public or the particular community for which it is proposed to be provided; and |
| (e) | the proposed service would be distinctive from local sound broadcasting services licensed to cover over 50 per cent. of the proposed service's coverage area.".'. |
Disputes arising under conditions imposed under section 71
Brian White
NC37
To move the following Clause:—
'(1) This section applies where—
| (a) | a dispute has arisen between the provider of a conditional access system and the provider of a protected programme service; |
| (b) | the dispute concerns the price at which any service capable of being made available by means of the conditional access system is to be provided and is a dispute which relates to the subject matter of a condition set under section 71(2); and |
| (c) | OFCOM have decided under section 181(2) that it is appropriate for them to handle the dispute. |
(2) In carrying out their duties under section 183(2), OFCOM shall have regard to the following matters, in addition to any other matters which they consider it is appropriate for them to have regard in making a determination for resolving the dispute—
| (a) | any extent to which the protected programme service contributes to the purposes of public service broadcasting; |
| (b) | the public benefit to be secured by ensuring that as many members of the public in the United Kingdom as possible have access to the protected programme service; and |
| (c) | any benefit to the provider of the conditional access system or any other body to whom a service by means of the conditional access sytem is provided or is to be provided of making available the service requested other than a benefit which relates solely to the ability of that provider to charge a price for the provision of the service. |
(3) In this section "conditional access system" and "protected programme service" have the same meaning as in section 71.'.
Code relating to programme commissioning
Mr Stephen Timms
Dr Kim Howells
NC38
*To move the following Clause:—
'(1) The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that the provider of the channel draws up and from time to time revises a code of practice setting out the principles he will apply when agreeing terms for the commissioning of independent productions.
(2) That regime also includes the conditions that OFCOM consider appropriate for securing that the provider of every licensed public service channel—
| (a) | at all times complies with a code of practice which has been drawn up by him by virtue of this section and is for the time being in force; and |
| (b) | exercises his power to revise his code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this section. |
(3) The conditions imposed under this section must ensure that the code for the time being in force in the case of every licensed public service channel secures, in the manner described in guidance issued by OFCOM—
| (a) | that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement; |
| (b) | that there is what appears to OFCOM to be sufficient clarity, when an independent production is commissioned, about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of; |
| (c) | that there is what appears to OFCOM to be sufficient transparency about the amounts to be paid in respect of each category of rights; |
| (d) | that what appear to OFCOM to be satisfactory arrangements are made about the duration and exclusivity of those rights; |
| (e) | that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it; |
| (f) | that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM; |
| (g) | that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate. |
(4) The conditions imposed under this section must also ensure that the drawing up or revision of a code by virtue of this section is in accordance with guidance issued by OFCOM as to—
| (a) | the times when the code is to be drawn up or reviewed with a view to revision; |
| (b) | the consultation to be undertaken before a code is drawn up or revised; and |
| (c) | the publication of every code or revised code. |
(5) The provision that may be included in a condition imposed under this section includes—
| (a) | provision requiring a draft of a code or of any revision of a code to be submitted to OFCOM for approval; |
| (b) | provision for the code or revision to have effect only if approved by OFCOM; and |
| (c) | provision for a code or revision that is approved by OFCOM subject to modifications to have effect with those modifications. |
(6) OFCOM—
| (a) | must issue and may from time to time revise guidance for the purposes of this section; |
| (b) | must ensure that there is always guidance for those purposes in force; |
| (c) | must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and the Welsh Authority; and |
| (d) | must publish their guidance or revised guidance in such manner as they think appropriate. |
(7) Guidance issued by OFCOM for the purposes of this section must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates.
(8) Conditions imposed under this section requiring a code to be drawn up or approved may include transitional provision for treating a code drawn up before the imposition of the condition —
| (a) | as satisfying the requirements of that condition; and |
| (b) | as a code approved by OFCOM for the purposes of conditions so imposed. |
(9) In this section "independent production" has the same meaning as in section 269.'.
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