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Lord McIntosh of Haringey moved Amendment No. 72:
On Question, amendment agreed to.
Clause 356 [Grants to access radio providers]:
Lord Evans of Temple Guiting moved Amendment No. 73:
The noble Lord said: My Lords, in moving Amendment No. 73, I shall speak also to Amendments Nos. 75 to 77 and 79 and to Amendments Nos. 74 and 78 in the names of the noble Lord, Lord McNally, and the noble Viscount, Lord Falkland.
Amendments Nos. 74 and 78 would enable the Secretary of State by order to extend the grant-making power in the Bill to cover local digital television services. We are prepared to accept the intention behind these amendments and have therefore tabled government amendments which will allow access radio grants to be extended by order to cover local digital television services.
We would, however, stress that this should not be taken as a sign that we propose to extend grants to local television in the near future. We do not want to raise unrealistic expectations. It will be difficult to secure any resources for access radio services, never mind having sufficient resources to support local TV as well.
However, if circumstances change in the future, it may be possible to provide support for local TV services, and it makes sense to "future proof" the Bill in the way proposed by these amendments.
We think it is unlikely that grants would be given to for-profit organisations, but do not believe that we should absolutely rule it out in advance. This is consistent with the approach in Clause 260, which refers to access radio services being "primarily" for the good of the public rather than for commercial reasons. I beg to move.
Viscount of Falkland: My Lords, I rose from these Benches at Report to talk about the importance of community radio and television. We are grateful that the Government have seen fit to table their own amendments which concede provision for Clause 356 to be extended to cover the possibility of supporting future community television. This is perhaps the minimum necessary for the Bill to recognise the increasingly converging nature of community media. With regard to our Amendments Nos. 74 and 77, I would like to make a couple of points. Amendment No. 74 specifies that in extending the fund to cover local digital television, it should be limited to services
We do not consider it necessary or appropriate for the fund to be used to subsidise services whose purposes are primarily commercial. The government amendment does not make that distinction clear, although it would be in the power of the Secretary of State to act later should he see fit to do so by order in Parliament.
Amendment No. 78 and the government Amendment No. 77 both have the effect of removing the words "access radio" from the face of the Bill. We welcome this development. Access radio as a term is problematical and, in the firmly held view of the Community Media Association in particular, its use would be detrimental to the viability and success of community radio in the United Kingdom. The government proposals for access radio are broadly fully in line with the understood concepts and practice of community radio. Only the name "access radio" is new.
This is confusing to funding agencies, as well as policy and opinion formers and others whose support of community radio is important. It sends a message about government commitment to and understanding of the sector. Supporters and practitioners of community radio have been seeking recognition for 20 years. To those in today's converging community
I do not think that I need to dwell on this any further. The point has been well made and recognised by the Government. Access radio is a weak brand name and community radio a strong one. I do not think that I need to add anything further. I thank the Government yet again for tabling their amendment.
Lord Evans of Temple Guiting: My Lords, I shall speak very briefly.
Lord Evans of Temple Guiting: My Lords, I shall demonstrate to your Lordships what very briefly means. All listen. The purpose of these amendments is to future proof the Bill to give Ofcom the flexibility that we need.
On Question, amendment agreed to.
Lord McIntosh of Haringey moved Amendments Nos. 75 to 77:
On Question, amendments agreed to.
Lord McIntosh of Haringey moved Amendment No. 79:
On Question, amendment agreed to.
Clause 359 [Interpretation of Part 3]:
Lord McIntosh of Haringey moved Amendment No. 80:
On Question, amendment agreed to.
Clause 367 [OFCOM's functions under Part 4 of the Enterprise Act 2002]:
Lord McIntosh of Haringey moved Amendment No. 81:
On Question, amendment agreed to.
Clause 368 [OFCOM's functions under the Competition Act 1998]:
Lord McIntosh of Haringey moved Amendment No. 82:
On Question, amendment agreed to.
Clause 372 [Newspaper public interest considerations]:
Lord McIntosh of Haringey moved Amendments Nos. 83 to 85:
On Question, amendments agreed to.
Clause 373 [Adaptation of role of OFT in initial investigations and reports]:
"( ) The Secretary of State may by order provide that OFCOM may also make such grants as they consider appropriate to the provider of any service of a description of service in relation to which provision is for the time being in force under section 242."
10 p.m.
"not run for commercial purposes".
Page 313, line 45, leave out "under" and insert "by virtue of"
Page 314, line 2, leave out "under" and insert "by virtue of"
Page 314, line 6, leave out from "to" to "a" in line 7 and insert "a licence mentioned in subsection (4).
(4) Those licences are
(a) a licence under Part 1 of the 1990 Act, or under Part 1 of the 1996 Act, which is granted in accordance with any provision made by an order under section 242 of this Act; and"
Page 314, line 9, at end insert
"( ) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
Page 316, line 43, at end insert
""Channel 3 licence" means a licence to provide a Channel 3 service;"
Page 326, line 45, leave out "or (4)" and insert "to (4A)".
Page 328, line 11, leave out "or (4)" and insert "to (4A)".
Page 329, line 17, leave out "section 58(2)" and insert "subsection (2) of section 58"
Page 329, line 24, after "a" insert "sufficient"
Page 329, line 27, at end insert
"(2C) The following are specified in this section
(a) the need, in relation to every different audience in the United Kingdom or in a particular area or locality of the United Kingdom, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience;
(b) the need for the availability throughout the United Kingdom of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests; and
(c) the need for persons carrying on media enterprises, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 315 of the Communications Act 2003."
(2) After that section there shall be inserted, in Chapter 2 of Part 3
"58A CONSTRUCTION OF CONSIDERATION SPECIFIED IN SECTION 58(2C)
(1) For the purposes of section 58 and this section an enterprise is a media enterprise if it consists in or involves broadcasting.
(2) In the case of a merger situation in which at least one of the enterprises ceasing to be distinct consists in or involves broadcasting, the references in section 58(2C)(a) or this section to media enterprises include references to newspaper enterprises.
(3) In this Part "newspaper enterprise" means an enterprise consisting in or involving the supply of newspapers.
(4) Wherever in a merger situation two media enterprises serving the same audience cease to be distinct the number of such enterprises serving that audience shall be assumed to be more immediately before they cease to be distinct than it is afterwards.
(5) For the purposes of section 58 where two or more media enterprises
(a) would fall to be treated as under common ownership or common control for the purposes of section 26, or
(b) are otherwise in the same ownership or under the same control,
they shall be treated (subject to subsection (4)) as all under the control of only one person.
(6) A reference in section 58 or this section to an audience shall be construed in relation to a media enterprise in whichever of the following ways the decision-making authority considers appropriate
(a) as a reference to any one of the audiences served by that enterprise, taking them separately;
(b) as a reference to all the audiences served by that enterprise, taking them together;
(c) as a reference to a number of those audiences taken together in such group as the decision-making authority considers appropriate; or
(d) as a reference to a part of anything that could be taken to be an audience under any of paragraphs (a) to (c) above.
(7) The criteria for deciding who can be treated for the purposes of this section as comprised in an audience, or as comprised in an audience served by a particular service
(a) shall be such as the decision-making authority considers appropriate in the circumstances of the case; and
(b) may allow for persons to be treated as members of an audience if they are only potentially members of it.
(8) In this section "audience" includes readership.
(9) The power under subsection (3) of section 58 to modify that section includes power to modify this section."
(2) In section 127(1) of that Act (associated persons to be treated as one person), for the word "and" at the end of paragraph (a) there shall be substituted
"(aa) for the purposes of section 58(2C); and"."
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