S.C.E.
Amendment Paper as at
Tuesday 21st January 2003
STANDING COMMITTEE E
New Amendments handed in are marked thus *
COMMUNICATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th December].
Mr Richard Allan
Mr Simon Thomas
Nick Harvey
465
Clause 256, page 223, line 38, after 'services' insert 'and related internet information services'.
Mr Richard Allan
Mr Simon Thomas
Nick Harvey
466
Clause 256, page 224, line 11, after 'together)' insert 'and related internet information services'.
Nick Harvey
Mr Richard Allan
506
Clause 256, page 224, line 22, at end insert 'that complies with the impartiality requirements of section 308 relating to television broadcasting services and teletext services'.
John Robertson
Mr Parmjit Dhanda
392
Clause 256, page 224, line 41, leave out from 'include' to 'proportion' in line 42 and insert 'a wide range and a substantial'.
Mr Simon Thomas
346
Clause 256, page 224, leave out lines 42 and 43 and insert 'a wide range and substantial proportion of programmes made in the regions and nations of the United Kingdom outside the M25 area'.
Mr Andrew Lansley
Mr Simon Thomas
303
Clause 257, page 225, line 43, leave out subsection (2) and insert
'(2) The public service remit for every Channel 3 service is the provision of a range of high quality and diverse programming which, in particular, makes a significant contribution to meeting the need for the licensed public service channels to reflect the tastes and interests of different communities and cultural traditions within nations and regions of the United Kingdom.
(2A) The public service remit for Channel 5 is the provision of a range of high quality and diverse programming.'.
Mr Richard Allan
Mr Simon Thomas
Nick Harvey
467
Clause 257, page 225, line 43, leave out subsection (2) and insert
'(2) The public service remit for every Channel 3 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which
(a) | satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and |
(b) | reflects the regional diversity of the United Kingdom.'. |
Mr Simon Thomas
347
Clause 257, page 225, line 46, at end insert 'including, in respect of Channel 3, a substantial proportion of programmes made in the regions and nations of the United Kingdom outside the M25 area'.
John Robertson
Mr Parmjit Dhanda
393
Clause 257, page 225, line 46, at end insert 'including, in respect of Channel 3, a substantial proportion of programmes made outside the M25 area'.
Nick Harvey
Mr Richard Allan
528
Clause 257, page 225, line 46, at end insert
'(2A) In fulfilling the public service remit under subsection (2), every Channel 3 service shall have regard to the need for Channel 3 services (taken together as a network) to provide distinct regional programming, including regional programme production.'.
Nick Harvey
Mr Richard Allan
507
Clause 258, page 226, line 29, leave out 'and'.
Nick Harvey
Mr Richard Allan
508
Clause 258, page 226, line 31, and end insert '; and
(c) the provider will comply with the standards set by OFCOM's code under section 307 relating to the impartiality requirements of section 308.'.
Nick Harvey
Mr Richard Allan
513
Clause 258, page 226, line 35, at end insert
'(3A) Every report prepared under subsection (3) shall include
(a) | an account of the handling and resolution of all complaints received by the provider of the channel that are not handled or resolved by procedures established by OFCOM in accordance with section 313(2); and |
(b) | a particular account of the handling and resolution of complaints specified in paragraph (a) about compliance with the standards set by OFCOM's code under section 307 relating to the impartiality requirements of section 308.'. |
Mr Simon Thomas
Mr Richard Allan
Nick Harvey
348
Clause 262, page 230, line 24, leave out from 'serious' to 'and' in line 25.
Mr Simon Thomas
349
Page 231, line 46, leave out Clause 263.
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.'. |
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.'. |
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.'.
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'.