Vote Bundle Text (930130-06)

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.'.

Broadcasting public interest considerations

Mr Andrew Lansley
Nick Harvey

NC1

To move the following Clause:—

'(1) Section 58 of the Enterprise Act (c. 40) (specified considerations) shall be amended as follows.

(2) After subsection (2), there shall be inserted—

"(2A) The need for—

(a) accurate and impartial presentation of news and factual content in television and radio programming; and

(b) free expression of opinion in broadcast television and radio services

is specified in this section.

(2B) The need for, to the extent that it is reasonable and practicable, a plurality of views in broadcasting television and radio services is specified in this section.".'.

Duty to establish and maintain Competition Board

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC2

To move the following Clause:—

'(1) It shall be the duty of OFCOM to establish and maintain a committee to be known as "the Competition Board".

(2) The Competition Board shall consist of—

(a) a chairman appointed by OFCOM; and

(b) such number of other members appointed by OFCOM as OFCOM may determine.

(3) In appointing a person OFCOM must have regard to the desirability of ensuring that the persons appointed are experts, both users and suppliers of electronic communications, working in the industry who have a commercial knowledge of the market.

(4) Before appointing a person to be chairman or another member of the Competition Board, OFCOM must satisfy themselves that he will not have any direct financial or other interest which would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the Competition Board.'.

Functions of the Competition Board

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC3

To move the following Clause:—

'(1) The functions conferred on the Competition Board must include, to such an extent and subject to such restrictions and approvals as OFCOM may determine, the carrying out on OFCOM's behalf of—

(a) functions in relation to ensuring that there is a constant process of evaluating the level of competition in the market, assessing possible moves to self-regulation, and between ex ante and ex post regulation;

(b) functions in relation to determining the matters to which a regulatory impact assessment should relate; and

(c) functions in relation to addressing and managing the issues of concurrent powers between OFCOM and the Office of Fair Trading.

(2) The power of OFCOM to determine the Competition Board's functions includes power to authorise the Board to establish committees and panels to advise the Board on the carrying out of some or all of the Board's functions.'.

Duty to establish and maintain Economic Panel

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC4

To move the following Clause:—

'(1) It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) to establish and maintain a committee to be known as "the Economic Panel" to give advice to OFCOM on economic theory and practice in relation to the exercise of their functions under this Act and, in particular, in relation to the following matters—

(a) the nature and operation of markets for electronic networks, electronic communications services and associated facilities;

(b) the interests of providers of such networks, services and facilities as well as those of consumers;

(d) economic regulatory policy.

(2) The arrangements made by OFCOM under this section must also secure that the Economic Panel are able, in addition to giving advice on the matters mentioned in subsection (1), to make arrangements for the carrying out of such research relevant to the giving of that advice as they think fit.

(3) It shall be the duty of OFCOM, in the carrying out of their functions, to consider and, to such extent as they think appropriate, to have regard to—

(a) any advice given to OFCOM by the Economic Panel; and

(b) any results notified to OFCOM of any research undertaken by that Panel.'.