|Amendments proposed to the Communications Bill - continued||House of Commons|
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NC33To 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
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
Development of community media
NC34To move the following Clause:
(1) The Secretary of State may by order provide for
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
(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
NC35To 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
(4) The Fund may be applied by the Foundation in the making of grants for
(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
Community radio (No. 2)
NC36To move the following Clause:
'(1) In subsection (2) of section 84 of the 1990 Act after paragraph (a)(iii) there shall be inserted
(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 the extent to which
Disputes arising under conditions imposed under section 71
NC37To move the following Clause:
'(1) This section applies where
(2) In carrying out their duties under section 183(2), OFCOM shall have regard to the following matters, in addition to any other matters which they consider it is appropriate for them to have regard in making a determination for resolving the dispute
(3) In this section "conditional access system" and "protected programme service" have the same meaning as in section 71.'.
Local content of local sound broadcasting services
NC41To 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
(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
(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
(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.'.