|
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 |
| (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.'.
Test for setting or modifying conditions or directions
Mr Andrew Lansley
NC42
To move the following Clause:—
'(1) When exercising any of their Broadcasting Act powers for a competition purpose as defined in section 305, OFCOM must not—
| (a) | set a condition or issue a direction; or |
| (b) | modify such a condition or direction, |
unless they are satisfied that the condition or direction or (as the case may be) the modification satisfies the test in subsection (2).
(2) That test is that the condition, direction or modification is—
| (a) | objectively justifiable in relation to the services to which it relates; |
| (b) | not such as to discriminate unduly against particular persons or against a particular description of persons; |
| (c) | proportionate to what it is intended to achieve; and |
| (d) | in relation to what it is intended to achieve, transparent.'. |
|
