Amendments proposed to the Communications Bill - continued House of Commons

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Changes of control of Channel 5

   

Mr Stephen Timms
Dr Kim Howells

NC39

To move the following Clause:—

    '(1)   The regulatory regime for Channel 5 includes, in every case where it is provided by a body corporate—

      (a) a condition requiring the licence holder to give OFCOM advance notification of any proposals known to the body that may give rise to a relevant change of control; and

      (b) a condition requiring the licence holder to provide OFCOM, in such manner and at such times as they may reasonably require, with such information as they consider necessary for the purposes of exercising their functions under this section and section [Action following review under s. [Changes of control of Channel 5]].

    (2)   OFCOM must carry out a review where—

      (a) they receive notification, in accordance with a condition of the licence to provide Channel 5, of proposals that may give rise to a relevant change of control; or

      (b) a relevant change of control takes place (whether or not that change has been previously notified to OFCOM).

    (3)   The review shall be a review of the effects or likely effects, in relation to the matters mentioned in subsections (4) and (5), of—

      (a) the change to which the proposals may give rise; or

      (b) the change that has taken place.

    (4)   The matters mentioned in this subsection are—

      (a) the extent to which time available for broadcasting programmes included in Channel 5 is allocated to programmes of each of the following descriptions—

      (i) original productions;

      (ii) news programmes; and

      (iii) current affairs programmes;

      (b) the extent to which programmes of each of those descriptions that are included in that Channel are broadcast at peak viewing times.

    (5)   The matters mentioned in this subsection are—

      (a) the extent to which programmes made in the United Kingdom that are included in the service are programmes made outside the M25 area;

      (b) the range of programmes made in the United Kingdom outside that area that are included in Channel 5;

      (c) the extent to which the expenditure of the provider of Channel 5 on programmes made in the United Kingdom is referable to programme production at different production centres outside the M25 area;

      (d) the range of different such production centres to which that expenditure is referable.

    (6)   Where OFCOM carry out a review under subsection (2), they must publish a report of that review—

      (a) setting out their conclusions; and

      (b) specifying any steps which they propose to take under section [Action following review under s. [Changes of control of Channel 5]].

    (7)   In this section—

"expenditure", in relation to a programme, means—

      (a) expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or

      (b) expenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast;

"original production" has the same meaning as in section 270;"peak viewing time"—

      (a) in relation to original productions, means a time determined by OFCOM for the purposes of section 270 to be a peak viewing time for Channel 5; and

      (b) in relation to news programmes or current affairs programmes, means a time so determined for the purposes of section 271;

"relevant change of control" means a change in the persons having control over—

      (a) a body holding a licence to provide Channel 5; or

      (b) any body which—

      (i) is connected with a body holding such a licence; and

      (ii) appears to OFCOM to be involved, to any extent, in the provision of programmes for inclusion in that channel, or to be likely to be so involved.

    (8)   Expressions used in this section and in Part 1 of Schedule 2 to the 1990 Act (restrictions on licence holders) have the same meanings in this section as in that Part.'.


Action following review under s. [Changes of control of Channel 5]

   

Mr Stephen Timms
Dr Kim Howells

NC40

To move the following Clause:—

    '(1)   If, on a review under subsection (2) of section [Changes of control of Channel 5], it appears to OFCOM that the relevant change of control is or would be prejudicial to one or more of the matters mentioned in subsections (4) and (5) of that section, they shall vary the licence in accordance with subsection (2).

    (2)   The variation—

      (a) must be made with a view to ensuring that the relevant change of control is not prejudicial to any of the matters so mentioned; and

      (b) must be a variation for the inclusion in the licence of such conditions relating to any of those matters as they consider appropriate.

    (3)   Subject to subsection (4), any new or varied condition imposed under this section in relation to any matter may be more onerous than the conditions relating to that matter having effect before the relevant change of control.

    (4)   A variation under this section must not provide for the inclusion of a new or varied condition in a licence unless the new condition, or the condition as varied, is one which (with any necessary modifications) would have been satisfied by the licence holder throughout the twelve months immediately before the relevant date.

    (5)   In subsection (4) "the relevant date" is the date of the relevant change of control or, if earlier, the date on which OFCOM exercise their powers under this section.

    (6)   A variation of a licence under this section shall be effected by the service of a notice of the variation on the licence holder.

    (7)   OFCOM are not to serve a notice of a variation under this section unless they have given the body on whom it is served a reasonable opportunity, after the publication of the report of the review under section [Changes of control of Channel 5], of making representations to them about the variation.

    (8)   Where, in a case of a proposed change of control, a notice varying a licence under this section is served before the change to which it relates takes place, the variation is not to take effect until the change takes place.

    (9)   A condition included in a licence by a variation under this section may be further varied by OFCOM either—

      (a) with the consent of the licence holder; or

      (b) in any other case, after complying with the requirements of section 3(4)(b) of the 1990 Act (variation after giving opportunity for representations by the licence holder).

    (10)   Expressions used in this section and section [Changes of control of Channel 5] have the same meanings in this section as in that.'.


Local content of local sound broadcasting services

   

Brian White

NC41

*To move the following Clause:—

    '(1)   It shall be the duty of OFCOM to secure that appropriate local content is included in the programmes broadcast by local sound broadcasting services.

    (2)   In carrying out its duty in subsection (1), OFCOM shall—

      (a) take all local sound broadcasting services receivable in any area together as a whole; and

      (b) take into account the results of research carried out under subsection (7)(a); and

      (c) take into account the extent to which the expectations of listeners for local content (under subsection (7)(a)) are being met by other services receivable within the area; and

      (d) take into account the degree to which any action taken by OFCOM pursuant to this section may affect competition between local sound broadcasting services and any other class of service.

    (3)   OFCOM must draw up or agree a code giving guidance as to how the requirements of subsection (1) should be satisfied and, in doing so, shall have particular regard to the desirability referred to in section 3(3)(c) of promoting and facilitating the development and use of effective forms of self regulation.

    (4)   The code may, in particular include guidance as to the relevance of different descriptions of local content included in local sound broadcasting services.

    (5)   From time to time, OFCOM may revise the code or direct that it should be revised.

    (6)   The code and every revision of the code should be published in such manner as OFCOM considers appropriate.

    (7)   Before drawing up or revising the code, OFCOM must—

      (a) conduct research into listeners' expectations of local sound broadcasting services and other services receivable within any area concerned, including the extent to which they expect local content to be broadcast; and

      (b) consult with persons holding licences to provide local sound broadcasting services or persons appearing to represent such persons, or both.

    (8)   In this section, "local content", in relation to a local sound broadcasting service, means content (including news or information) which is of particular interest—

      (a) to persons living or working within the area or locality for which the service is provided; or

      (b) to persons living or working within a part of that area or locality; or

      (c) to particular communities living or working within that area or locality.

    (9)   References in this section to persons living or working in an area or locality include references to persons undergoing education or training in that area or locality.

    (10)   A code drawn up as a result of subsection (3) shall not have the effect of varying an existing sound broadcasting licence.'.


NEW SCHEDULE

   

Nick Harvey
Mr Richard Allan

NS1

To move the following Schedule:—

'Enforcement of sections [notification requirements for satellite
packagers] and [conditions applying to satellite packagers]

Part 1

Failure to notify under section [notification requirements for satellite packagers]

    Notification of failure    1 (1)   Where OFCOM determine that there are reasonable grounds for believing that a person has failued to give a notification that he is required to give by section [notification requirements for satellite packagers], they may give him a notification under this paragraph.

    (2)   A notification under this paragraph is one which—

      (a) sets out the determination made by OFCOM; and

      (b) specifies the period during which the person notified has an opportunity of doing the things specified in sub-paragraph (4).

    (3)   That period must be a reasonable period.

    (4)   Those things are—

      (a) making representations about the determination; and

      (b) providing OFCOM with the information which the notified person should have provided for the purposes of section [notification requirement for satellite packagers] but has not.

    (5)   A notification under this paragraph—

      (a) may be given in respect of more than one contravention of section [notification requirements for satellite packages]; and

      (b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

    (6)   Where a notification under this paragraph has been given to any person in respect of a particular contravention of section [notification requirements for satellite packagers], OFCOM may give a further notification in respect of that contravention if, and only if—

      (a) the subsequent notification is in respect of so much of a period during which the contravention in question was continuing as falls after any period to which the earlier notification relates; or

      (b) the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.

    Enforcement notification for failure    2 (1)   This paragraph applies where—

      (a) a person ("the notified packager") has been given a notification under paragraph 1;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the notified determination; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may give the notified packager an enforcement notification if they are satisfied—

      (a) that he is or has been in contravention, in any of the respects notified, of section [notification requirements for satellite packagers]; and

      (b) that he has not himself, during the period allowed under paragraph 1, taken all such steps as OFCOM consider appropriate for providing them with the information which he should have provided to them but has not.

    (3)   An enforcement notification is a notification which imposes a requirement on the notified packager to take all such steps for providing OFCOM with that information as may be specified in the notification.

    (4)   A decision of OFCOM to give an enforcement notification to any person must fix a reasonable period for the taking of the steps required by the notification.

    (5)   It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

    (6)   That duty shall be enforceable in civil proceedings by OFCOM for an injunction, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36), or for any other appropriate remedy or relief.

    Penalty for failure    3 (1)   This paragraph applies (in addition to paragraph 2) where—

      (a) a person ("the notified packager") has been given a notification under paragraph 1;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the matters notified; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may impose a penalty on the notified packager if he has been in contravention, in any of the respects notified, of section [notification requirements for satellite packagers].

    (3)   Where a notification under paragraph 1 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

    (4)   Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period specified in the notification during which that contravention continued.

    (5)   OFCOM may also impose a penalty on the notified packager if he has contravened, or is contravening, a requirement of an enforcement notification given in respect of the notified contravention.

    (6)   The amount of a penalty imposed under this paragraph is to be such amount not exceeding £10,000 as OFCOM, having regard to the matters mentioned in sub-paragraph (7), determine to be—

      (a) appropriate; and

      (b) proportionate to the contravention in respect of which it is imposed.

    (7)   Those matters are—

      (a) any representations made to OFCOM by the notified packager, and

      (b) any steps taken by him towards complying with his obligations under section [notification requirements for satellite packagers].

    (8)   Where OFCOM impose a penalty on a person under this paragraph they shall—

      (a) notify the person penalised; and

      (b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

    (9)   A penalty imposed under this paragraph—

      (a) must be paid to OFCOM; and

      (b) if not paid within the period fixed by them, is to be recoverable by them accordingly.

    (10)   The Secretary of State may by order amend this paragraph so as to substitute a different maximum penalty for the maximum penalty for the time being specified in sub-paragraph (6).

Part 2

Contravention of must-distribute obligations

    Notification of failure    4 (1)   Where OFCOM determine that there are reasonable grounds for believing that a person has contravened or is contravening a must-distribute obligation, they may give him a notification under this paragraph.

    (2)   A notification under this paragraph is one which—

      (a) sets out the determination made by OFCOM;

      (b) specifies the obligation and contravention in respect of which that determination has been made; and

      (c) specifies the period during which the person notified has an opportunity of doing the things specified in sub-paragraph (4).

    (3)   That period must be a reasonable period.

    (4)   Those things are—

      (a) making representations about the matters notified;

      (b) complying with notified obligations of which he remains in contravention; and

      (c) remedying the consequences of notified contraventions.

    (5)   A notification under this paragraph—

      (a) may be given in respect of more than one contravention; and

      (b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

    (6)   Where a notification under this paragraph has been given to any person in respect of a particular contravention, OFCOM may give a further notification in respect of that contravention if, and only if—

      (a) the contravention is in respect of so much of a period during which the contravention in question was continuing as falls after any period to which the earlier notification relates; or

      (b) the earlier notification has been withdrawn without a penalty having been imposed with respect to the notified contravention.

    Enforcement notification for failure    5 (1)   This paragraph applies where—

      (a) a person ("the notified packager") has been given a notification under paragraph 4;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the matters notified; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may give the notified packager an enforcement notification if they are satisfied—

      (a) that he is or has been in contravention, in any of the respects notified, of an obligation notified in the notification under paragraph 4; and

      (b) that he has not himself, during the period allowed under that paragraph, taken all such steps as OFCOM consider appropriate for—

      (i) complying with that obligation; and

      (ii) remedying the consequences of the notified contravention of that obligation.

    (3)   An enforcement notification is a notification which imposes one or more of the following requirements on the notified packager—

      (a) a requirement to take such steps for complying with the notified obligation as may be specified in the notification;

      (b) a requirement to take such steps for remedying the consequences of the notified contravention as may be so specified.

    (4)   A decision of OFCOM to give an enforcement notification to any person must fix a reasonable period for the taking of the steps required by the notification.

    (5)   It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

    (6)   That duty shall be enforceable in civil proceedings by OFCOM for an injunction, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36), or for any other appropriate remedy or relief.

    Penalty for failure    6 (1)   This paragraph applies (in addition to paragraph 5) where—

      (a) a person ("the notified packager") has been given a notification under paragraph 4;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the matters notified; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may impose a penalty on the notified packager if he is, or has been, in contravention, in any of the respects notified, of an obligation notified in the notification under paragraph 4.

    (3)   Where a notification under paragraph 4 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

    (4)   Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period specified in the notification during which that contravention continued.

    (5)   OFCOM may also impose a penalty on the notified packager if he has contravened, or is contravening, a requirement of an enforcement notification given in respect of the notified contravention.

    (6)   Where OFCOM impose a penalty on a person under this paragraph they shall—

      (a) notify the person penalised; and

      (b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

    (7)   A penalty imposed under this paragraph—

      (a) must be paid to OFCOM; and

      (b) if not paid within the period fixed by them, is to be recoverable by them accordingly.

    Amount of penalty    7 (1)   The amount of a penalty imposed under paragraph 6 is to be such amount not exceeding ten per cent. of the turnover of the notified packager's relevant business for the relevant period as OFCOM, having regard to the matters mentioned in sub-paragraph (2), determine to be—

      (a) appropriate; and

      (b) proportionate to the contravention in respect of which it is imposed.

    (2)   Those matters are—

      (a) any representations made to OFCOM by the notified packager;

      (b) any steps taken by him towards complying with the obligation contraventions of which have been notified to him under paragraph 4; and

      (c) any steps taken by him for remedying the consequences of those contraventions.

    (3)   For the purposes of this paragraph—

      (a) the turnover of a person's relevant business for any period shall be calculated in accordance with such rules as may be set out by order made by the Secretary of State; and

      (b) provision may also be made by such an order for determining what is to be treated as the business by reference to which the calculation of that turnover falls to be made.

    (4)   No order is to be made containing provision authorised by sub-paragraph (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

    (5)   The Secretary of State may by order amend this paragraph so as to substitute a different percentage for the percentage for the time being specified in sub-paragraph (1).

    (6)   In this paragraph—

       "relevant business" means (subject to the provisions of any order under sub-paragraph (3)) so much of any business carried on by the person in respect of whose contravention the penalty is imposed as consists in the supply of satellite packages to members of the public;

       "relevant period", in relation to a contravention by any person of a must-distribute obligation, means—

      (a) except in a case falling within paragraph (b) or (c), the period of one year ending with the 31st March next before the time when notification of the contravention was given under paragraph 4;

      (b) in the case of a person who at that time, has been carrying on that business for a period of less than a year, the period, ending with that time, during which he has been carrying it on; and

      (c) in the case of a person who at that time has ceased to carry on that business, the period of one year ending with the time when he ceased to carry it on.

    (7)   In this paragraph "the notified packager" has the same meaning as in paragraph 6.

    Suspending or restricting entitlement for contravention of must-distribute obligations    8 (1)   OFCOM may give a direction under this paragraph to a person who is a satellite packager ("the contravening packager") if they are satisifed—

      (a) that he is or has been in serious and repeated contravention of a must-distribute obligation;

      (b) that the imposition of penalties and the giving of enforcement notifications under paragraph 5 have failed to secure compliance by that person with the obligation that he has contravened; and

      (c) that the giving of the direction is both appropriate and proportionate to the contraventions in respect of which it is imposed.

    (2)   A direction under this paragraph is—

      (a) a direction that the entitlement of the contravening packager to act as a satellite packager is suspended (either generally or in particular respects); or

      (b) a direction that that entitlement is restricted in the respects set out in the direction.

    (3)   A direction under this paragraph—

      (a) must specify the activities to which it relates; and

      (b) except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.

    (4)   A direction under this paragraph—

      (a) in providing for the effect of a suspension or restriction to be postponed may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and

      (b) in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening packager as appear to OFCOM to be appropriate for the purpose of protecting the packager's customers.

    (5)   Those conditions may include a condition requiring the making of payments by way of compensation for loss or damage, or for any annoyance, inconvenience or anxiety, that is suffered by the contravening packager's customers as a result of the direction.

    (6)   Where OFCOM give a direction under this paragraph, they shall, as soon as practicable after doing so, provide that person with an opportunity of—

      (a) making representations about the effect of the direction; and

      (b) proposing steps for remedying the situation.

    (7)   If OFCOM consider it appropriate to do so (whether in consequence of any representations or proposals made to them under sub-paragraph (6) or otherwise), they may revoke a direction under this paragraph—

      (a) with effect from such time as they may direct;

      (b) subject to compliance with such requirements as they may specify; and

      (c) to such extent and in relation to such activities as they may determine.

    (8)   For the purposes of this paragraph there have, in any person's case, been repeated contraventions of must-distribute obligations if—

      (a) more than one notification under paragraph 4 has been given to that person in respect of the same contravention or in respect of different contraventions of the same obligation; and

      (b) the latest of those notifications was given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of paragraph 5 or 6 that the contravention to which the earliest notification related did occur.

    Enforcement of directions under paragraph 8    9 (1)   A person is guilty of an offence if he acts as a satellite packager—

      (a) while his entitlement to do so is suspended by a direction under paragraph 8; or

      (b) in contravention of any restriction contained in such a direction.

    (2)   A person guilty of an offence under sub-paragraph (1) shall be liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum;

      (b) on conviction on indictment, to a fine.

    (3)   Paragraphs 4 to 7 apply in relation to a contravention of conditions imposed by a direction under paragraph 8 as they apply in relation to a contravention of a must-distribute obligation.

    Civil liability for contravention of must-distribute obligations    10 (1)   The obligation of a person to comply with—

      (a) a must-distribute obligation applying to him,

      (b) a requirement imposed on him by an enforcement notification under paragraph 5, and

      (c) the conditions of a direction under paragraph 8,

       shall be a duty owed to every person who may be affected by a contravention of the condition or requirement.

    (2)   Where a duty is owed by virtue of this paragraph to any person—

      (a) any breach of the duty that causes that person to sustain loss or damage, and

      (b) any act which by inducing a breach of the duty or interfering with its performance causes that person to sustain loss or damage and which is done wholly or partly for achieving that result,

       shall be actionable at the suit or instance of that person.

    (3)   In any proceedings brought against a person by virtue of sub-paragraph (2)(a), it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the obligation requirement or condition in question.

Part 3

Information Provisions

    Power to require information    11 (1)   OFCOM may require a person appearing to them to be a satellite packager to provide them with all such information as they consider necessary for the purpose of ascertaining whether any person is contravening or has contravened—

      (a) a requirement to give notification under section [notification requirements for satellite packages]; or

      (b) a must-distribute obligation.

    (2)   OFCOM may also require a satellite packager to provide them with information for statistical purposes.

    (3)   OFCOM shall not require the provision of any information under this paragraph except—

      (a) by a demand for the information that describes the required information and sets out OFCOM's reasons for requiring it; and

      (b) where the making of a demand for that information is proportionate to the use to which the information is to be put in the carrying out of OFCOM's functions.

    (4)   The reasons for requiring information for statistical purposes must define the statistical purposes for which the information is required.

    (5)   A person required to provide information under this paragraph must provide it in such manner and within such reasonable period as may be specified by OFCOM.

    Application of Part 2 of Schedule to enforcement of information requirements    12 (1)   Subject to sub-paragraph (2), Part 2 of this Schedule applies for the enforcement of a requirement imposed under paragraph 11 as it applies for the enforcement of a must-distribute obligation.

    (2)   The amount of a penalty imposed under paragraph 6 by virtue of this paragraph must not exceed £50,000.

    (3)   The Secretary of State may by order amend this paragraph so as to substitute a different sum for the sum for the time being specified in sub-paragraph (2).

    (4)   For the purposes of paragraph 8 (as applied by this paragraph) there have, in any person's case, been repeated contraventions of requirements imposed under paragraph 11 if—

      (a) more than one notification under paragraph 4 (as applied) has been given to that person in respect of the same contravention or in respect of contraventions of different requirements; and

      (b) the latest of those notifications was given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of paragraph 5 or 6 (as applied) that the contravention to which the earliest notification related did occur.

    Offences    13 (1)   A person who fails to provide information in accordance with any requirement of OFCOM under paragraph 11 is guilty of an offence and shall be liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum;

      (b) on conviction on indictment, to a fine.

    (2)   In proceedings against a person for an offence under sub-paragraph (1) it shall be a defence for that person to show—

      (a) that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but

      (b) that he has taken all reasonable steps to provide the required information after the end of that period.

    (3)   A person is guilty of an offence if—

      (a) in pursuance of any requirement under paragraph 11, he provides any information that is false in any material particular; and

      (b) at the time he provides it, he either knows it to be false or is reckless as to whether or not it is false.

    (4)   A person guilty of an offence under sub-paragraph (3) shall be liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum;

      (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

    (5)   No proceedings for an offence under sub-paragraph (1) are to be brought unless—

      (a) OFCOM have given the person a notification, in relation to the contravention in question, under paragraph 4 (as applied by paragraph 12);

      (b) the period allowed under paragraph 4 for the provision of the information to which the contravention relates has expired without the information being provided; and

      (c) OFCOM are satisfied that the case is not one in which it would be appropriate to impose a financial penalty under paragraph 6 (as so applied).

    Statement of policy on information gathering    14 (1)   It shall be the duty of OFCOM to prepare and publish a statement of their general policy with respect to—

      (a) the exercise of their powers under paragraph 11; and

      (b) the uses to which they are proposing to put information obtained under that paragraph.

    (2)   OFCOM may from time to time revise that statement as they think fit.

    (3)   Where OFCOM make or revise their statement of policy under this paragraph, they shall publish that statement or, as the case may be, the revised statement in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

    (4)   It shall be the duty of OFCOM, in exercising the powers conferred on them by this Part of this Schedule to have regard to the statement for the time being in force under this paragraph.

    Obligation of OFCOM to provide information    15 (1)   On application made for the purpose by any person, OFCOM must comply with any request contained in that application—

      (a) to notify the applicant whether or not any notification is required to be submitted by him under section [notification requirements for satellite packagers]; and

      (b) to notify the applicant whether any notification submitted by him for the purposes of that section satisfies the requirements of that section.

    (2)   An application for the purposes of this paragraph must be made in such manner and form as OFCOM may require.

    (3)   OFCOM shall not be required to comply with a request contained in an application under this section if (without having been asked to do so) they have already given that person the notification or information for which he is asking.

    (4)   Any notification or information which under sub-paragraph (1) must be given or provided by OFCOM must be given or provided before the end of the period of one week beginning with the day on which the application for the notification or information was made to OFCOM.

Part 4

Interpretation of Schedule

    16 (1)   In this Schedule "must-distribute obligation", in relation to any person means an obligation imposed by a condition applied to him under section [conditions applying to satellite packagers].

    (2)   For the purposes of this Schedule, where there is a contravention of an obligation that requires a person to do anything within a particular period or before a particular time that contravention shall be taken to continue after the end of that time, until that thing is done.

    (3)   References in this Schedule to remedying the consequences of a contravention include references to paying an amount to any person by way of compensation for loss or damage suffered by that person, or in respect of any annoyance, inconvenience or anxiety to which he has been put.

    (4)   In determining for the purposes of any provision of this Schedule whether a contravention is a repeated contravention for any purposes, a notification of a contravention under any such provision shall be disregarded if it has been withdrawn before the imposition of a penalty in respect of the matters notified.'.


ORDER OF THE HOUSE [3rd DECEMBER 2002]

That the following provisions shall apply to the Communications Bill—

Committal

(1) The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

(2) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 6th February 2003.

(3) The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

(6) Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords amendments or any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [10th DECEMBER 2002]

That—

    (1)   during proceedings on the Communications Bill (in addition to its first meeting at half-past Ten o'clock on Tuesday 10th December 2002) the Standing Committee do meet—

      (a) on Tuesday 10th December 2002 at half-past Four o'clock;

      (b) on Thursday 12th December 2002 at five minutes to Nine o'clock and at half-past Two o'clock;

      (c) on Tuesday 17th December 2002 at half-past Ten o'clock and at half-past Four o'clock;

      (d) on Thursday 19th December 2002 at five minutes to Nine o'clock;

      (e) on Tuesday 7th January 2003 at half-past Four o'clock; and

      (f) thereafter on Tuesdays and Thursdays at five minutes to Nine o'clock and at half-past Two o'clock;

    (2)   the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (3)   the proceedings which under paragraph (2) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (4)   paragraph (2) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (2) if previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for conclusion of proceedings
1stClauses 1 and 2, Schedule 1, Clauses 3 to 26, Schedule 2 and Clause 27
2ndClauses 1 and 2, Schedule 1, Clauses 3 to 26, Schedule 2 and Clause 27 (so far as not previously concluded)
3rdClauses 1 and 2, Schedule 1, Clauses 3 to 26, Schedule 2 and Clause 27 (so far as not previously concluded)11.25 a.m.
4thClauses 28 to 59 and Clauses 61 to 68
5thClauses 28 to 59 and Clauses 61 to 68 (so far as not previously concluded)1 p.m.
6thClauses 69 and 70, Clauses 73 to 102, Schedule 3, Clauses 103 to 114, Schedule 4 and Clauses 115 to 146
7thClauses 69 and 70, Clauses 73 to 102, Schedule 3, Clauses 103 to 114, Schedule 4 and Clauses 115 to 146 (so far as not previously concluded)
8thClauses 69 and 70, Clauses 73 to 102, Schedule 3, Clauses 103 to 114, Schedule 4 and Clauses 115 to 146 (so far as not previously concluded)7 p.m.
9thClauses 147 to 152, Clause 154, Schedule 5, Clauses 155 to 157, Clauses 159 to 169, Clauses 173 to 175, Schedule 6, Clauses 176 and 177, Schedule 7, Clauses 178 to 187, Schedule 8 and Clauses 188 to 192
10thClauses 147 to 152, Clause 154, Schedule 5, Clauses 155 to 157, Clauses 159 to 169, Clauses 173 to 175, Schedule 6, Clauses 176 and 177, Schedule 7, Clauses 178 to 187, Schedule 8 and Clauses 188 to 192 (so far as not previously concluded)5 p.m.
11thClauses 193 and 194, Schedule 9, Clauses 195 to 214, Schedule 10, Clauses 215 to 237, Clause 153, Clauses 170 to 172 and Clause 238
12thClauses 193 and 194, Schedule 9, Clauses 195 to 214, Schedule 10, Clauses 215 to 237, Clause 153, Clauses 170 to 172 and Clause 238 (so far as not previously concluded)
13thClauses 193 and 194, Schedule 9, Clauses 195 to 214, Schedule 10, Clauses 215 to 237, Clause 153, Clauses 170 to 172 and Clause 238 (so far as not previously concluded)11.25 a.m.
14thClauses 239 to 263, Clause 60, Clauses 71 and 72, Clauses 264 to 275
15thClauses 239 to 263, Clause 60, Clauses 71 and 72, Clauses 264 to 275 (so far as not previously concluded)
16thClauses 239 to 263, Clause 60, Clauses 71 and 72, Clauses 264 to 275 (so far as not previously concluded)5 p.m.
17thClauses 276 to 284, Schedule 11, Clauses 285 to 326, Schedule 12, Clauses 327 to 333, Schedule 13 and Clause 334
18thClauses 276 to 284, Schedule 11, Clauses 285 to 326, Schedule 12, Clauses 327 to 333, Schedule 13 and Clause 334 (so far as not previously concluded)
19thClauses 276 to 284, Schedule 11, Clauses 285 to 326, Schedule 12, Clauses 327 to 333, Schedule 13 and Clause 334 (so far as not previously concluded)11.25 a.m.
20thClauses 335 to 337, Schedule 14, Clauses 338 to 346, Schedule 15, Clauses 347 to 354
21stClauses 335 to 337, Schedule 14, Clauses 338 to 346, Schedule 15, Clauses 347 to 354 (so far as not previously concluded)
22ndClauses 335 to 337, Schedule 14, Clauses 338 to 346, Schedule 15, Clauses 347 to 354 (so far as not previously concluded)5 p.m.
23rdClauses 355 to 375 and Schedule 16
24thClauses 355 to 375 and Schedule 16 (so far as not previously concluded)5 p.m.
25thClauses 376 to 386, Clause 158, Clauses 387 to 391, Schedules 17 to 19, Clauses 392 to 395, New Clauses, New Schedules and remaining proceedings on the Bill
26thClauses 376 to 386, Clause 158, Clauses 387 to 391, Schedules 17 to 19, Clauses 392 to 395, New Clauses, New Schedules and remaining proceedings on the Bill (so far as not previously concluded)5 p.m.


ORDER OF THE COMMITTEE [12TH DECEMBER]

That the Order of the Committee of 10th December be amended as follows—

      (a) in the Table, in respect of the third sitting, in the third column, the words '11.25 a.m.' be omitted;

      (b) in the Table, in respect of the fourth sitting, the words in the second column be omitted and the following words be inserted—

       'Clauses 1 and 2, Schedule, 1, Clauses 3 to 26, Schedule 2 and Clause 27 (so far as not previously concluded)';

      (c) in the Table, in respect of the fourth sitting, in the third column, the words '5.00 p.m.' be inserted.


 
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