S.C.E.
Amendment Paper as at
Thursday 6th February 2003
STANDING COMMITTEE E
COMMUNICATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th December].
Mr Andrew Lansley
Nick Harvey
25
Clause 377, page 320, line 25, at end insert 'and broadcast radio and television services'.
Mr Andrew Lansley
Nick Harvey
26
Clause 377, page 320, line 36, at end insert
'(4A) Any report to the Secretary of State on a review carried out prior to the coming into force of section [broadcasting public interest considerations] must set out OFCOM's recommendations on whether that section ought to be brought into force.
(4B) Any report to the Secretary of State on a review carried out after the coming into force of section [broadcasting public interest considerations] must set out OFCOM's recommendations on the exercise by the Secretary of State of his powers under Part 3 of the Enterprise Act in connection with broadcast radio and television services.'.
Mr Stephen Timms
Dr Kim Howells
668
Clause 377, page 320, line 44, leave out 'members' and insert 'persons'.
Nick Harvey
Mr Richard Allan
524
Clause 378, page 321, line 4, after 'in', insert
(a) | entertaining a complaint that may lead to a penalty; |
(b) | considering such a complaint; |
(c) | determining whether a penalty should be imposed; |
Mr Andrew Lansley
680
Clause 378, page 321, line 14, leave out 'and' and insert
'(aa) | the Office of Fair Trading; and'. |
Nick Harvey
Mr Richard Allan
525
Clause 378, page 321, line 19, after 'determining', insert
(a) | whether to entertain a complaint that may lead to a penalty; |
(b) | the consideration of such a complaint; |
(c) | whether a penalty should be imposed; |
Mr Andrew Lansley
681
Clause 378, page 321, line 22, at end add 'and to any decision made by the Competition Appeal Tribunal as regards the application of the guidelines and the imposition of penalties, as OFCOM consider relevant.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
693
Clause 384, page 327, line 1, leave out paragraph (b).
Mr Stephen Timms
Dr Kim Howells
309
Schedule 17, page 465, line 45, at end insert
'( ) | In subsection (4), for "specified under subsection (3) shall include" there shall be substituted "must include provision for".'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
123
Schedule 17, page 472, line 42, at end insert
'Parliamentary Commissioner Act 1967
36A In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), there shall be inserted (at the appropriate place in alphabetical order) the following entry
" | Office of Communications".'. |
Mr Stephen Timms
Dr Kim Howells
672
Schedule 17, page 480, line 20, after '2003' insert 'and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network.'.
Mr Stephen Timms
Dr Kim Howells
673
Schedule 17, page 480, line 22, leave out 'services' and insert 'networks'.
Mr Stephen Timms
Dr Kim Howells
674
Schedule 17, page 480, line 25, leave out 'services' and insert 'networks'.
Mr Stephen Timms
Dr Kim Howells
682
Schedule 17, page 481, line 14, at end insert
| '74A | In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead apparatus), for "paragraph 24(4)(a)" there shall be substituted "paragraph 24(2A)(a)".'. |
Mr Stephen Timms
Dr Kim Howells
613
Schedule 17, page 485, line 9, leave out 'section 322(3) of' and insert 'paragraph 18A of Schedule 12 to'.
Mr Stephen Timms
Dr Kim Howells
614
Schedule 17, page 485, line 14, at end insert
'(d) after paragraph (c) there shall be inserted
"(d) | section 322(3) of the Communications Act 2003.".'. |
Mr Stephen Timms
Dr Kim Howells
615
Schedule 17, page 486, line 8, leave out 'section 322(3) of' and insert 'paragraph 18A of Schedule 12 to'.
Mr Stephen Timms
Dr Kim Howells
616
Schedule 17, page 486, line 13, at end insert
'(d) after paragraph (c) there shall be inserted
"(d) | section 322(3) of the Communications Act 2003.".'. |
Mr Stephen Timms
Dr Kim Howells
310
Schedule 17, page 498, line 18, at end insert
'( ) in subsection (2)(b), for "the issue or renewal of the licence" there shall be substituted "the issue of the licence or the making of the grant";'.
Mr Stephen Timms
Dr Kim Howells
311
Schedule 17, page 498, line 20, leave out 'and'.
Mr Stephen Timms
Dr Kim Howells
312
Schedule 17, page 498, line 22, at end insert 'and
( ) in subsection (5), at the end there shall be inserted "or any grant of recognised spectrum access made in accordance with regulations under section 3A".'.
Mr Andrew Lansley
305
Schedule 17, page 498, line 40, at end insert
'(2A) The provisions of subsection (2) shall not apply to charges in respect of grants of recognised spectrum access.'.
Mr Stephen Timms
Dr Kim Howells
667
Schedule 17, page 504, line 15, at end insert
| '() | After paragraph 14(3) (executive committees of OFCOM to include member or employee of OFCOM) there shall be inserted |
| "(3A) | Sub-paragraph (3) has effect in the case of a committee of OFCOM which |
(a) is not the Content Board, but
(b) has functions that are confined to functions falling within section 12(2) of the Communications Act 2003 (functions within the Content Board's remit),
as if the reference in that sub-paragraph to a member of OFCOM included a reference to a member of the Content Board who is not a member of OFCOM."'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
652
Schedule 18, page 506, line 22, after 'agreement', insert 'or licence granted under any enactment, deed or other legally enforceable arrangement ("the agreement")'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
653
Schedule 18, page 506, line 24, leave out 'provides'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
654
Schedule 18, page 506, line 25, after '(a)', insert 'provides'.
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 John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
685
Schedule 18, page 508, line 9, leave out from 'notice' to end of line 12.
Mr Stephen Timms
Dr Kim Howells
273
Schedule 18, page 508, line 15, leave out '17' and insert '16'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
686
Schedule 18, page 508, line 18, leave out from beginning to 'may' in line 22.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
687
Schedule 18, page 508, line 30, at end insert 'but a condition referred to in sub-paragraph (2)(a) shall remain in force only in relation to the market identified under sub-paragraph (4)(b), and a condition referred to in sub-paragraph (2)(b) shall remain in force only in relation to the market identified under sub-paragraph (4)(a)'.