|
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
655
Schedule 18, page 506, line 26, after '(b)', insert 'provides'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
656
Schedule 18, page 506, line 28, at end insert 'or refers to any relevant licence.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
657
Schedule 18, page 506, line 41, at end insert—
'(3A) Reference to any relevant licence in any agreement shall be construed as including references to any notification made pursuant to section 29 of this Act, any approval of OFCOM or activity which is otherwise authorised or permitted under this Act and accordingly the repeal of section 7 of the Telecommunications Act 1984 shall not, of itself, have any effect on any such agreements, deeds or arrangements.'.
Mr Stephen Timms
Dr Kim Howells
273
Schedule 18, page 508, line 15, leave out '17' and insert '16'.
Mr Stephen Timms
Dr Kim Howells
445
Schedule 18, page 521, line 7, at end insert—
'Applications for extension of pre-transfer licences
| 41A | (1) | Section 247(2B)(a) does not prevent the determination by OFCOM of a day falling less than one year after the making of the determination where— |
(a) OFCOM consider that the day by which they would need to publish a notice is a day which is not more than 15 months after the commencement date; and
(b) the determination of that day is made as soon as practicable after the commencement date.
| (2) | Where the day determined by OFCOM for the purposes of paragraph (b) of section 247(2A) is a day in the period of three months beginning with the day after the determination, that paragraph shall have effect as if for the words "three months before" there were substituted "on". |
| (3) | In this paragraph, the "commencement date" is the date on which section 247 comes into force. |
Applications for renewal of licences under 1990 Act and 1996 Act
| 41B | (1) | A provision set out in sub-paragraph (2) does not prevent the determination by OFCOM of a date falling less than one year after the making of the determination where— |
(a) OFCOM consider that the relevant date for the purposes of the section in question is a date which is not more than 15 months after the commencement date; and
(b) the determination of the relevant date is made as soon as practicable after the commencement date.
| (2) | Those provisions are— |
(a) section 53(12) of the 1990 Act;
(b) section 103A(12) of the 1990 Act;
(c) section 104A(14) of the 1990 Act;
(d) section 16(12A) of the 1996 Act;
(e) section 58(12A) of the 1996 Act.
| (3) | An application which is made before the commencement date in accordance with a provision set out in sub-paragraph (5) shall be treated after that date as if it had been made in accordance with that provision as amended by this Act. |
| (4) | Where, in a case where a provision set out in sub-paragraph (5) applies, the relevant date for the purposes of the section in question is a date in the period of three months beginning with— |
(a) the commencement date, or
(b) the day after the day on which the relevant date is determined,
that provision shall have effect as if the words "the day falling three months before" were omitted.
| (5) | Those provisions are— |
(a) section 53(2) of the 1990 Act;
(b) section 103A(2) of the 1990 Act;
(c) section 104A(3) of the 1990 Act;
(d) section 16(3) of the 1996 Act;
(e) section 58(3) of the 1996 Act.
| (6) | In this paragraph, the "commencement date", in relation to any provision set out in sub-paragraph (2) or (5) is the date on which the provision of Schedule 15 inserting or amending that provision comes into force.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
270
Schedule 18, page 525, line 11, leave out 'and OFCOM'.
Mr Stephen Timms
Dr Kim Howells
381
Schedule 19, page 527, leave out lines 37 to 39.
Mr Stephen Timms
Dr Kim Howells
617
Schedule 19, page 530, line 20, column 2, at beginning insert—
| 'In section 69(2), the word "or" at the end of paragraph (b). |
| In Schedule 2, the word "or" at the end of paragraph 17(2)(b).'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
45
Schedule 19, page 531, line 7, at end insert—
'Section 32(9).'.
Mr Stephen Timms
Dr Kim Howells
446
Schedule 19, page 531, line 19, column 2, at end insert—
½ 'In section 53(4), the words "before the relevant date".'.
Mr Stephen Timms
Dr Kim Howells
447
Schedule 19, page 532, line 6, column 2, after 'subsection (3),', insert 'the words "before the relevant date",'.
Mr Stephen Timms
Dr Kim Howells
448
Schedule 19, page 532, line 7, column 2, at end insert—
| ½ '(aa) | in subsection (8), the words from "(whether because" to "any other reason)";'. |
Nick Harvey
Mr Richard Allan
408
Schedule 19, page 533, leave out lines 28 to 30.
Nick Harvey
Mr Richard Allan
409
Schedule 19, page 533, line 31, leave out '(2) and'.
Nick Harvey
433
Schedule 19, page 533, line 32, leave out '(2) and (3)'.
Mr Andrew Lansley
170
Schedule 19, page 533, leave out line 40.
Mr Stephen Timms
Dr Kim Howells
449
Schedule 19, page 535, line 18, column 2, at end insert—
| | ½ 'In section 16(6), the words "before the relevant date".'. |
Mr Stephen Timms
Dr Kim Howells
450
Schedule 19, page 535, line 39, column 2, leave out 'Section 58(5).' and insert—
½ 'In section 58—
| (b) | in subsection (6), the words "before the relevant date".'. |
NEW CLAUSES
Meaning of 'initial expiry date'
Mr Stephen Timms
Dr Kim Howells
NC28
To move the following Clause:—
'(1) Subject to any postponement under this section, the date which is the initial expiry date for the purposes of this Part is 31st December 2014.
(2) The Secretary of State may (on one or more occasions) by order postpone the initial expiry date.
(3) The Secretary of State's power to postpone the initial expiry date—
| (a) | is to be exercisable before 30th June 2013 only if he has fixed a date after 30th June 2013 as the date for digital switchover; and |
| (b) | is not to be exercisable on or after 30th June 2013 if he has fixed 30th June 2013 or an earlier date as the date for digital switchover. |
(4) Where the Secretary of State makes an order under this section at a time after he has fixed a date for digital switchover, the date to which the initial expiry date is postponed must be a date not less than eighteen months after the date for digital switchover.
(5) The Secretary of State must exercise his power to postpone the initial expiry date if it at any time appears to him that that date would otherwise fall within the period of eighteen months immediately following the date fixed for digital switchover.
(6) Where an order under this section extends a licensing period for which a licence has been granted in accordance with section 209 or 214, the 1990 Act and this Part shall have effect (subject to subsection (7)) as if the licence had originally been granted for the extended period.
(7) Where an order under this section extends the period for which a licence is to continue in force—
| (a) | that order shall not affect the earliest time at which an application for the renewal of that licence may be made in accordance with section 211(2)(a) or 217(2)(a); |
| (b) | as soon as reasonably practicable after making the order, OFCOM must make such modification of any determination made by them in the case of that licence for the purposes of section 211(2)(b) or 217(2)(b) as they consider appropriate in consequence of the extension; and |
| (c) | neither section 211(3)(a) nor section 217(3)(a) applies to the making of that modification. |
(8) In this section a reference to the date for digital switchover is a reference to the date fixed by the Secretary of State for the purposes of this section as the date which appears to him, in consequence of directions given by him for the purposes of the conditions of the licences for the relevant public broadcasting services, to be the date after which none of those services will be broadcast to any significant extent in analogue form.
(9) In this section "the relevant public broadcasting service" means any of the following—
| (a) | the services comprised in Channel 3; and |
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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