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LORDS AMENDMENTS TO THE

COMMUNICATIONS BILL

[The page and line are refer to HL Bill 41 as first printed for the Lords.]

Clause 3

1

Page 3, line 3, leave out subsection (1) and insert—

 

     “(1)       It shall be the principal duty of OFCOM, in carrying out their functions—

 

           (a)           to further the interests of citizens in relation to communications

 

matters; and

 

           (b)           in that context, to further the interests of consumers in relevant

 

markets;

 

            and to do so where appropriate by promoting competition.

 

     (1A)       Where it appears to OFCOM, in relation to the carrying out of any of their

 

functions under Chapter 1 of Part 2, that the requirement specified in

 

subsection (1)(a) conflicts with the requirement specified in subsection

 

(1)(b), they may give priority to the requirement specified in subsection

 

(1)(b).”

2

Page 3, line 18, after “a” insert “sufficient”

3

Page 3, line 29, at end insert—

 

           “( )              the desirability of encouraging the best means of access to systems

 

of delivery of high speed data transfer throughout the United

 

Kingdom, and, as appropriate, encouraging competitive markets in

 

such systems;”

4

Page 3, line 31,     leave out “particular” and insert “all cases to—

 

           (a)           the principles under which regulatory activities should be

 

transparent, accountable, proportionate, consistent and targeted

 

only at cases in which action is needed; and

 

           (b)           any other principles appearing to OFCOM to represent the best

 

regulatory practice.

 

     (3A)       OFCOM must also have regard, in performing those duties”

5

Page 3, line 32, at end insert—

 

           “( )              the desirability of promoting the fulfilment of the purposes of

 

public service television broadcasting in the United Kingdom;”

 
 
Bill 14653/2

 
 

    (  2  )

6

Page 3, line 34,     leave out paragraph (b)

7

Page 3, line 39,     leave out paragraph (d)

8

Page 4     , line 9, leave out “and of those” and insert “, of the different ethnic

 

communities within the United Kingdom and of persons”

9

Page 4, line 39, at end insert—

 

  ““citizens” means all members of the public in the United Kingdom;”

Clause 7

10

Page 8     , line 41, at end insert—

 

     “(3A)       An assessment under subsection (3)(a) must set out how, in OFCOM’s

 

opinion, the performance of their general duties (within the meaning of

 

section 3) is secured or furthered by or in relation to what they propose.”

After Clause 9

11

Insert the following new Clause—

 

       “Duty to encourage availability of easily usable apparatus

 

     (1)    It shall be the duty of OFCOM to take such steps, and to enter into such

 

arrangements, as appear to them calculated to encourage others to secure—

 

           (a)           that domestic electronic communications apparatus is developed

 

which is capable of being used with ease, and without modification,

 

by the widest possible range of individuals (including those with

 

disabilities); and

 

           (b)           that domestic electronic communications apparatus which is

 

capable of being so used is as widely available as possible for

 

acquisition by those wishing to use it.

 

     (2)    It shall be the duty of OFCOM from time to time to review whether they

 

need to take further steps, or to enter into further arrangements, for the

 

purpose of performing their duty under this section.

 

     (3)    OFCOM must not do anything under this section that would be

 

inconsistent with the Community requirements set out in section 4.

 

     (4)    In this section “electronic communications apparatus” means apparatus

 

that is designed or adapted for a use which consists of or includes the

 

sending or receiving of communications or other signals that are

 

transmitted by means of an electronic communications network.

 

     (5)    For the purposes of this section electronic communications apparatus is

 

domestic electronic communications apparatus except to the extent that it

 

is designed or adapted for use solely for the purposes of, or in connection

 

with, a business.

 

     (6)    In this section “signal” includes—

 

           (a)           anything comprising speech, music, sounds, visual images or

 

communications or data of any description; and

 

           (b)           signals serving for the impartation of anything between persons,

 

between a person and a thing or between things, or for the actuation

 

or control of apparatus.”


 
 

    (  3  )

 

Clause 11

12

Page 11     , line 35, at end insert—

 

     “( )       At least one of the other members of the Content Board must also be a non-

 

executive member of OFCOM other than the chairman of OFCOM.”

13

Page 12     , line 6, leave out from beginning to “to” in line 8

Clause 15

14

Page 17, line 5, leave out “matters that concern” and insert “any matter that

 

concerns”

15

Page 17, line 46, at end insert—

 

     “( )       The Consumer Panel must—

 

           (a)           as soon as practicable after the end of the period of twelve months

 

beginning with the commencement of this section, and

 

           (b)           as soon as practicable after the end of each subsequent period of

 

twelve months,

 

            prepare a report on the carrying out of their functions in that period.

 

     ( )       The Consumer Panel must publish each report—

 

           (a)           as soon as practicable after its preparation is complete; and

 

           (b)           in such manner as they consider appropriate.”

After Clause 18

16

Insert the following new Clause—

 

       “Advisory committees for different parts of the United Kingdom

 

     (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) (committees of OFCOM)

 

to establish and maintain a committee for each of the following parts of the

 

United Kingdom—

 

           (a)           England;

 

           (b)           Wales;

 

           (c)           Scotland; and

 

           (d)           Northern Ireland.

 

     (2)    Each committee shall consist of—

 

           (a)           a chairman appointed by OFCOM; and

 

           (b)           such number of other members appointed by OFCOM as OFCOM

 

think fit.

 

     (3)    In appointing a person in accordance with this section to be a member of a

 

committee, OFCOM must have regard to the desirability of ensuring that

 

the person appointed is able to represent the interests and opinions, in

 

relation to communications matters, of persons living in the part of the

 

United Kingdom for which the committee has been established.

 

     (4)    The function of each committee shall be to provide advice to OFCOM

 

(including other committees established by OFCOM) about the interests

 

and opinions, in relation to communications matters, of persons living in


 
 

    (  4  )

 
 

the part of the United Kingdom for which the committee has been

 

established.

 

     (5)    A committee established under this section may also, at the request of the

 

Consumer Panel, provide advice about those interests and opinions to the

 

Consumer Panel.

 

     (6)    The consent of OFCOM is required for the giving of advice under

 

subsection (5).

 

     (7)    In this section “communications matters” has the same meaning as in

 

section 3.”

17

Insert the following new Clause—

 

       “Advisory committee on elderly and disabled persons

 

     (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) (committees of OFCOM)

 

to establish and maintain a committee to provide the advice specified in

 

this section.

 

     (2)    The committee shall consist of—

 

           (a)           a chairman appointed by OFCOM; and

 

           (b)           such number of other members appointed by OFCOM as OFCOM

 

think fit.

 

     (3)    In appointing persons to be members of the committee, OFCOM must have

 

regard to the desirability of ensuring that the members of the committee

 

include—

 

           (a)           persons who are familiar with the needs of the elderly; and

 

           (b)           persons who are familiar with the needs of persons with

 

disabilities.

 

     (4)    The function of the committee shall be to provide advice to OFCOM

 

(including other committees established by OFCOM) about the interests, in

 

relation to communications matters, of—

 

           (a)           the elderly; and

 

           (b)           persons with disabilities.

 

     (5)    The committee may also, at the request of the Consumer Panel, provide

 

advice about those interests to the Consumer Panel.

 

     (6)    The consent of OFCOM is required for the giving of advice under

 

subsection (5).

 

     (7)    In this section “communications matters” has the same meaning as in

 

section 3.”

Clause 24

18

Page 23, line 16,     leave out “fair treatment of” and insert “equalisation of

 

opportunities for”

Clause 35

19

Page 35, line 32, leave out from “charges” to end of line 36 and insert “for a


 
 

    (  5  )

 
 

particular case includes—

 

           (a)              power to provide that the charges in that case are to be equal to the

 

amounts produced by a computation made in the manner, and by

 

reference to the factors, specified by them;

 

           (b)              power to provide for different charges to be imposed in that case on

 

different descriptions of persons; and

 

           (c)              power to provide for particular descriptions of persons falling

 

within subsection (2)(d) to (f) to be excluded from the liability to

 

pay charges in that case.”

Clause 65

20

Page 66, line 38, leave out from “that” to end of line 9 on page 67 and insert “the

 

terms on which a person is provided with anything required by the universal

 

service order do not require him—

 

           (a)              to pay for an unnecessary additional service; or

 

           (b)               to pay, in respect of anything required by the order, any amount

 

that is attributable to the provision to him of such a service.

 

     ( )       The references in subsection (3), in relation to a person, to an unnecessary

 

additional service are references to anything the provision of which—

 

           (a)           he has to accept by reason of his being provided, at his request, with

 

something required by the order (“the requested service”); and

 

           (b)           is not necessary for the purpose of providing him with the

 

requested service.”

21

Page 67, line 15, at end insert—

 

     “( )       References in this section to providing a person with anything include

 

references to making it available or supplying it to him.”

Clause 91

22

Page 88     , line 27, leave out “the most” and insert “a more”

Clause 108

23

Page 103, line 7, leave out “making of the payment” and insert “taking of the steps”

Clause 111

24

Page 106, line 37, leave out “contravening provider or contravening supplier” and

 

insert “operator”

Clause 117

25

Page 111, line 13, leave out “or (11)” and insert “, (11) or (11A)”

26

Page 111, line 28, at end insert—

 

     “(11A)       A person falls within this subsection if—

 

           (a)           he is the provider of an electronic communications network used

 

for the provision of the relevant service; and

 

           (b)           the use of that network for the provision of premium rate services,

 

or of services that include or may include premium rate services, is

 

authorised by an agreement subsisting between that person and


 
 

    (  6  )

 
 

either an intermediary service provider or a person who is a

 

provider of the relevant service by virtue of subsection (10) or (11).”

27

Page 111, line 41, at end insert “and

 

                    “intermediary service provider” means a person who—

 

                  (a)                 provides an electronic communications service used for the

 

provision of the relevant service or an electronic

 

communications network so used; and

 

                  (b)                 is a party to an agreement with—

 

                      (i)                     a provider of the relevant service falling within

 

subsection (9)(a) to (d), or

 

                      (ii)                    another intermediary service provider,

 

                                      which relates to the use of that electronic communications

 

service or network for the provision of premium rate

 

services, or of services that include or may include premium

 

rate services.”

Clause 118

28

Page 112, line 22, at end insert—

 

     “( )       OFCOM are not for those purposes to approve so much of a code as

 

imposes an obligation as respects a premium rate service on a person who

 

is a provider of the service by virtue only of section 117(11A) (“the relevant

 

provider”) unless they are satisfied that the obligation—

 

           (a)           arises only if there is no one who is a provider of the service

 

otherwise than by virtue of section 117(11A) against whom it is

 

practicable to take action;

 

           (b)           arises only after a notice identifying the service and setting out

 

respects in which requirements of the code have been contravened

 

in relation to it has been given to the relevant provider by the

 

person responsible for enforcing the code; and

 

           (c)           is confined to an obligation to secure that electronic

 

communications networks provided by the relevant provider are

 

not used for making the service available to persons who are in the

 

United Kingdom.”

Clause 119

29

Page 113, line 41, at end insert—

 

     “( )       An order under this section is not to impose an obligation as respects a

 

premium rate service on a person who is a provider of the service by virtue

 

only of section 117(11A) (“the relevant provider”) unless the obligation—

 

           (a)           arises only if there is no one who is a provider of the service

 

otherwise than by virtue of section 117(11A) against whom it is

 

practicable to take action;

 

           (b)           arises only after a notice identifying the service and setting out

 

respects in which requirements of the order have been contravened

 

in relation to it has been given to the relevant provider by OFCOM;

 

and

 

           (c)           is confined to an obligation to secure that electronic

 

communications networks provided by the relevant provider are

 

not used for making the service available to persons who are in the

 

United Kingdom.”


 
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