| Amendments proposed to the Communications Bill, As Amended - continued | House of Commons |
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Secretary Tessa Jowell 260 Page 522, line 27 [Schedule 18], at end insert—
Secretary Tessa Jowell 261 Page 522, line 44 [Schedule 18], leave out from 'identify' to end of line 3 on page 523 and insert 'the market by reference to which SMP conditions replacing the licence condition would have to be set; and
(b) in the case of any other condition, may identify that market.'.
Secretary Tessa Jowell 262 Page 523, line 3 [Schedule 18], at end insert—
Secretary Tessa Jowell 263 Page 523, line 18 [Schedule 18], at end insert—
(a) have given a person a continuation notice in relation to a condition falling within sub-paragraph (2)(b), and
(b) the notice has not already ceased to have effect as a result of a notice under paragraph (6), it shall be their duty to secure that an analysis of the relevant market is carried out as soon as reasonably practicable.'.
Secretary Tessa Jowell 264 Page 523, line 25 [Schedule 18], at end insert—
Secretary Tessa Jowell 265 Page 523, line 29 [Schedule 18], at end insert—
'Pre-commencement proposals relating to market power determinations
(a) the identification of a market,
(b) the making of a market power determination, or
(c) the setting of conditions by reference to a proposal for a market power determination,
(a) in the case of a proposal for identifying a market, as an identification of a services market in accordance with and for the purposes of section 75;
(b) in the case of a proposal for the making of a market power determination, as a market power determination made in accordance with and for the purposes of Chapter 1 of Part 2 of this Act; and
(c) in the case of a proposal for setting conditions, as if the conditions were SMP services conditions set under section 41 of this Act and applied to the same person as the condition in the proposal.
(a) that appeal is to be stayed or sisted as from the commencement of the section; but
(b) the appellant is to have a new right of appeal under the section against the decision (as it has effect by virtue of this paragraph) as if—
Secretary Tessa Jowell 266 Page 524, line 7 [Schedule 18], at end insert—
Secretary Tessa Jowell 267 Page 527, line 20 [Schedule 18], at end insert—
'Saving for guarantees of liabilities of telecommunications code operators
(a) is a person to whom the telecommunications code applies in respect of the running of a telecommunications system by him ("the operator's system"); and
(b) in pursuance of a condition of his licence imposed for the purpose of securing that sufficient funds are available to meet code-related liabilities specified in the licence, is a party to any guarantee arrangements.
(a) references in those arrangements to the code-related liabilities specified in the licence; and
(b) (subject to sub-paragraph (5)(a)) references, for the purposes of any provision identifying the circumstances in which payments are to be made under the arrangements, to events specified in the licence.
(a) as if references (directly or indirectly) to the revocation, or to the expiration without renewal, of the operator's licence were references to the giving of a direction under this Act by virtue of which the operator is prohibited from providing the whole or a part of the his network; and
(b) as if references to the telecommunications code were references to the electronic communications code.
(a) by reason of the application to him of the telecommunications code;
(b) by reason of its ceasing to apply to him; or
(c) otherwise in respect of activities carried on by him in connection with running the operator's system.
"the electronic communications code" has the same meaning as in Chapter 1 of Part 2 of this Act; "the operator's network" means so much of any electronic communications network provided by the operator as is a network in relation to which the electronic communications code applies in the operator's case by virtue of paragraph 13(3)(a) of this Schedule; "the telecommunications code" means the code set out in Schedule 2 to the 1984 Act (as it had effect immediately before the abolition of licensing).'.
Secretary Tessa Jowell 268 Page 529, line 6 [Schedule 18], at end insert—
Secretary Tessa Jowell 269 Page 529, line 6 [Schedule 18], at end insert—
'Appeals against wireless telegraphy and telecommunications decisions
(a) a decision was made before the commencement of section 187;
(b) the decision has effect after the commencement of a provision of this Act as a decision made by OFCOM, or is a decision not to do something which (if done) would so have had effect; and
(c) the decision is one against which an appeal was or could have been brought under—
(a) has been brought against the decision, but
(b) has not been concluded before the commencement of section 187 of this Act, the court in which it was brought may stay or sist the appeal as from the commencement of that section of this Act.
(a) for requiring steps taken and things done for the purposes of that appeal to be taken into account, to the extent set out in the rules, in the case of an appeal brought by virtue of sub-paragraph (4); and
(b) for enabling the Tribunal in an appeal under sub-paragraph (4) to give directions to OFCOM as to the carrying out of functions of theirs that are the same as or correspond to those in the course of carrying out which the maker of the appealed decision made that decision.
(a) it must determine the appeal in the manner in which the Tribunal is required under section 190 of this Act to determine an appeal under section 187; but
(b) its powers on determining the appeal include a power to give directions to OFCOM as to the carrying out of any functions of theirs that correspond to those in the course of which the appealed decision was made.
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