Public Services Fund
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
NC30
To move the following Clause:—
'(1) The Secretary of State shall by order make provision for the establishment of a Fund to be known as the Public Services Broadcasting Fund.
(2) There shall be at least three trustees of the Fund and the order shall make provision for the terms of their appointment, including their remuneration.
(3) The primary function of the Trustees shall be the making of financial contributions to groups or organisations which make or propose to make programmes of local, regional or sectional interest for inclusion in a programme service.
(4) The Trustees shall have such other powers as may be conferred on them by the order.
(5) The BBC shall pay to the Trustees of the Fund in January of each calendar year in accordance with the provisions of the order made under subsection (1) an amount equal to 1 per cent. of the licence fee received by the BBC in the preceding calendar year.
(6) An order under this section shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Community radio
Mr Richard Allan
NC32
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—
| (a) | the extent to which the service would confer significant benefits on the public or on the particular community for which it is proposed to be provided; |
| (b) | the extent to which the proposed service is supported by the public or the particular community for which it is proposed to be provided; |
| (c) | the extent to which the proposed service includes provision for public access to training, production and broadcast facilities; and |
| (d) | the extent to which 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." |
(4) After section 49 of the 1996 Act there shall be inserted—
"49A Reservation of digital capacity for community radio services (1) In exercising their powers to grant local radio multiplex licences, OFCOM shall reserve such digital capacity as they consider appropriate for digital sound programming and additional services which are operated 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 ("digital community services").
(2) In performing their duty under subsection (1) OFCOM shall endeavour to ensure that every community radio service which is licensed to broadcast other than in digital form is also able to be received in digital form.
(3) Where a local multiplex licence is granted in respect of a locality in which digital capacity is reserved in pursuance of this section, the licence shall include such conditions as appear to OFCOM to be appropriate for the purpose of securing that the holder of the licence uses such digital capacity for the broadcasting of such services."
(5) In subsection (2) of section 50 of the 1996 Act, after paragraph (d) there shall be inserted—
| "(dd) | stating whether in pursuance of a direction under section 49A any digital capacity on the frequency or frequencies in that locality is to be reserved for digital community services".'. |
Community television
Brian White
NC33
To move the following Clause:—
'After section 42B of the 1990 Act there is inserted—
"42C Community television services
In this Part "community service" means a service which—
| (a) | consists in the broadcasting of television programmes 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"), and |
| (b) | is provided on a frequency or frequencies assigned to OFCOM under section 65. |
42D Licences for Community television services
.—(1) An application for a licence to provide a community service shall be made in such manner as OFCOM may determine, and shall be accompanied by such fee (if any) as OFCOM may determine.
(2) 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—
| (a) | the extent to which the service would confer significant benefits on the public or on the particular community for which it is proposed to be provided; |
| (b) | the extent to which the proposed service is supported by the public or the particular community for which it is proposed to be provided; |
| (c) | the extent to which the proposed service includes provision for public access to training, production and broadcast facilities; and |
| (d) | the extent to which 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.".' |
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).'. |
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