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LORDS AMENDMENTS TO THE
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COMMUNICATIONS BILL |
[The page and line are refer to HL Bill 41 as first printed for the Lords.] |
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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;” |
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| | ( 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.” |
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| |
| | ( 3 ) |
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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 |
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| | ( 4 ) |
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| | 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 |
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| | ( 5 ) |
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| | 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 |
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| | ( 6 ) |
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| | 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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