|Amendments proposed to the Communications Bill - continued||House of Commons|
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Changes of control of Channel 5|
Mr Stephen Timms
NC39To move the following Clause:
'(1) The regulatory regime for Channel 5 includes, in every case where it is provided by a body corporate
(2) OFCOM must carry out a review where
(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
(4) The matters mentioned in this subsection are
(5) The matters mentioned in this subsection are
(6) Where OFCOM carry out a review under subsection (2), they must publish a report of that review
(7) In this section
"expenditure", in relation to a programme, means
"original production" has the same meaning as in section 270;"peak viewing time"
"relevant change of control" means a change in the persons having control over
(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
NC40To 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
(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
(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
NC1To 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
(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
NC2To 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
(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
NC3To 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
(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
NC4To 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
(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
|©Parliamentary copyright 2003||Prepared 30 Jan 2003|