Amendments proposed to the Communications Bill, As Amended - continued House of Commons

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Secretary Tessa Jowell
Ms Secretary Hewitt

260

Page     522,     line     27     [Schedule     18],     at end insert—

 '( ) Section 187 applies to a decision by OFCOM to give a notification under this paragraph as it applies to a decision by them under Part 2 of this Act.'.

   

Secretary Tessa Jowell
Ms Secretary Hewitt

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
Ms Secretary Hewitt

262

Page     523,     line     3     [Schedule     18],     at end insert—

 '( ) OFCOM are not to give a continuation notice in relation to a licence condition falling within sub-paragraph (2)(b) except to the extent that it appears to them that the condition has effect in relation to the supply of electronic communications apparatus of a description supplied in the market identified in the notice as the market by reference to which SMP conditions replacing that condition would have to be set.'.

   

Secretary Tessa Jowell
Ms Secretary Hewitt

263

Page     523,     line     18     [Schedule     18],     at end insert—

 '( ) Where OFCOM—

(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
Ms Secretary Hewitt

264

Page     523,     line     25     [Schedule     18],     at end insert—

 '( ) Section 187 applies to a decision by OFCOM to give a notice under this paragraph as it applies to a decision by them under Part 2 of this Act.'.

   

Secretary Tessa Jowell
Ms Secretary Hewitt

265

Page     523,     line     29     [Schedule     18],     at end insert—

'Pre-commencement proposals relating to market power determinations

6A (1) Where a proposal for—

(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,

 has been confirmed under regulation 8 of the Electronic Communications (Market Analysis) Regulations 2003 (S.I.2003/330), the proposal is to have effect, after the commencement of section 41 of this Act, in accordance with sub-paragraph (2).

(2) The proposal is to have effect as follows—

(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.

(3) Where an appeal under regulation 11 of those regulations against a decision under them has been brought but not concluded before the commencement of section 187 of this Act—

(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—

(i) it were the corresponding decision made by OFCOM under Chapter 1 of Part 2 of this Act; and

(ii) it had been made immediately after the commencement of the section.

(4) Tribunal rules (within the meaning of Chapter 3 of Part 2 of this Act) may, in relation to an appeal stayed or sisted under sub-paragraph (3), make transitional provision 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 paragraph (b) of that sub-paragraph.'.


   

Secretary Tessa Jowell
Ms Secretary Hewitt

266

Page     524,     line     7     [Schedule     18],     at end insert—

 '( ) Section 187 applies to a decision by OFCOM to give a notice under this paragraph as it applies to a decision by them under Part 2 of this Act.'.


   

Secretary Tessa Jowell
Ms Secretary Hewitt

267

Page     527,     line     20     [Schedule     18],     at end insert—

'Saving for guarantees of liabilities of telecommunications code operators

13A (1) This paragraph applies where, immediately before the abolition of licensing, a person holding a licence under section 7 of the 1984 Act ("the operator") —

(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.

(2) Arrangements are guarantee arrangements for the purposes of this paragraph if they are arrangements under which a person (the "guarantor") is obliged, in circumstances specified in the arrangements, to make payments in respect of a failure by the operator to meet a code-related liability specified in the licence.

(3) The guarantor's obligation to make payments under the guarantee arrangements is not to arise by reason only of the abolition of licensing.

(4) In relation to times after the abolition of licensing, the guarantee arrangements are to have effect, notwithstanding the operator's licence having ceased to have effect on the abolition of licensing and subject to sub-paragraph (6), as if the following references continued to have effect—

(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.

(5) In relation to such times, those arrangements are also to have effect—

(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.

(6) The guarantor is not to be liable in respect of any liability arising in connection with or as a result of activities carried on after the abolition of licensing except in so far as those activities are activities carried on for the purposes of providing the operator's network.

(7) In this paragraph "code-related liabilities", in relation to the operator, means liabilities arising or incurred by him—

(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.

(8)  In this paragraph—

"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
Ms Secretary Hewitt

268

Page     529,     line     6     [Schedule     18],     at end insert—

 '( ) Section 187 applies to a decision by OFCOM to give a notice under this paragraph as it applies to a decision by them under Part 2 of this Act.'.

   

Secretary Tessa Jowell
Ms Secretary Hewitt

269

Page     529,     line     6     [Schedule     18],     at end insert—

'Appeals against wireless telegraphy and telecommunications decisions

17A (1) This paragraph applies where—

(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—

(i) section 1F of the Wireless Telegraphy Act 1949 (c.54); or

(ii) section 46B of the 1984 Act.

(2) If no such appeal has been brought before the commencement of section 187 of this Act, that section applies to the decision as it applies to decisions by OFCOM under Part 2 of this Act (or that Act of 1949), but as if that section had been in force when the decision was made.

(3) If an appeal under section 1F of that Act of 1949 or section 46B of the 1984 Act—

(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.

(4) If the court stays or sists the appeal under sub-paragraph (3), the appellant is to have a new right of appeal under section 187 against the decision as if (subject to sub-paragraph (7)) it were a decision to which that section applies that had been made immediately after the commencement of that section.

(5) Tribunal rules (within the meaning of Chapter 3 of Part 2 of this Act) may, in relation to an appeal stayed or sisted under sub-paragraph (3), make transitional provision—

(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.

(6) If, in a case falling within sub-paragraph (3), the court does not stay or sist the appeal—

(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.

(7) On an appeal brought or continued under this paragraph against a decision, the court or the Tribunal, in determining what was the appropriate action for the maker of the decision to take, must determine that question according to the law in force at the time when the decision was made.'.



 
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Prepared 4 Mar 2003