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Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]


Digital Economy Bill [HL]

1

 

A

Bill

To

Make provision about the functions of the Office of Communications; to make

provision about the online infringement of copyright, about licensing of

copyright and performers’ rights and about penalties for infringement; to

make provision about internet domain registries; to make provision about the

functions of the Channel Four Television Corporation; to make provision

about the regulation of television and radio services; to make provision about

the regulation of the use of the electromagnetic spectrum; to amend the Video

Recordings Act 1984; to make provision about public lending right in relation

to electronic publications; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

General duties of OFCOM

1       

General duties of OFCOM

(1)   

Section 3 of the Communications Act 2003 (general duties of OFCOM) is

amended as follows.

(2)   

After subsection (1) insert—

5

“(1A)   

In performing their duties under subsection (1), OFCOM must have

particular regard, in all cases, to the need—

(a)   

to promote appropriate levels of investment in electronic

communications networks;

(b)   

to promote appropriate levels of investment in public service

10

media content; and

(c)   

for the investment to be efficient, wherever possible.”

(3)   

In subsection (2)(c) and (d), for “television and radio services” substitute

“media services”.

 

HL Bill 1                                                                                               

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Digital Economy Bill [HL]

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(4)   

In subsection (4)(m), for “the furthering or securing of the matters mentioned

in subsections (1) and (2)” substitute “the furthering, promoting or securing of

the matters mentioned in subsections (1), (1A) and (2)”.

(5)   

In subsection (14), after the definition of “general duties” insert—

““media services” means any of the following services that are

5

available to members of the public in all or part of the United

Kingdom—

(a)   

television and radio services;

(b)   

on-demand programme services; and

(c)   

other services provided by means of the internet where

10

there is a person who exercises editorial control over the

material included in the service;

“public service media content” means material, other than

advertisements, which is included in media services and which

OFCOM consider contributes or may contribute towards the

15

fulfilment of the public service objectives (as defined in section

264A);”.

(6)   

After that subsection insert—

“(15)   

The services that are to be taken for the purposes of this section to be

available to members of the public include any service which—

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(a)   

is available for reception by members of the public (within the

meaning of section 361); or

(b)   

is available for use by members of the public (within the

meaning of section 368R(4)).”

2       

OFCOM reports on infrastructure, internet domain names etc

25

(1)   

In Chapter 1 of Part 2 of the Communications Act 2003 (electronic

communications networks and services), after section 134 insert—

“Reports on infrastructure etc

134A    

OFCOM reports on infrastructure etc

(1)   

OFCOM must prepare reports in accordance with subsections (2) and

30

(3) on—

(a)   

the electronic communications networks matters listed in

section 134B(1), and

(b)   

the electronic communications services matters listed in section

134B(2).

35

(2)   

The first report must—

(a)   

relate to the position on a day specified in the report which falls

within the period of 12 months beginning with the day on

which this section comes into force, and

(b)   

be sent to the Secretary of State by OFCOM not more than 2

40

months after the specified day.

(3)   

Each subsequent report must—

(a)   

relate to a relevant period, and

(b)   

be sent to the Secretary of State by OFCOM as soon as

practicable after the end of the relevant period.

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Digital Economy Bill [HL]

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(4)   

“Relevant period” means—

(a)   

the period of 2 years beginning with the day specified in the first

report, and

(b)   

each subsequent period of 2 years beginning with the end of the

previous period.

5

(5)   

Where there is a significant change in connection with a matter listed in

section 134B(1) or (2) and OFCOM consider that the change should be

brought to the attention of the Secretary of State, OFCOM must—

(a)   

prepare a report on the change, and

(b)   

send it to the Secretary of State as soon as practicable.

10

(6)   

For the purposes of subsection (5), a change is significant if OFCOM

consider that it has, or is likely to have, a significant adverse impact

on—

(a)   

persons carrying on business in the United Kingdom or a part

of the United Kingdom, or

15

(b)   

the general public in the United Kingdom or a part of the United

Kingdom.

134B    

Networks and services matters

(1)   

For the purposes of section 134A, the electronic communications

networks matters are—

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(a)   

the different types of electronic communications network

provided in the United Kingdom (“UK networks”),

(b)   

the geographic coverage of the different UK networks,

(c)   

the proportion of the population covered by the different UK

networks,

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(d)   

the extent to which UK networks share infrastructure,

(e)   

the capacity of the different UK networks,

(f)   

the extent to which the providers of the different UK networks

allow other communications providers to use their networks to

provide services,

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(g)   

the amount of time for which the different UK networks are and

are not available, including the steps that have been or are to be

taken to maintain or improve the level of availability,

(h)   

the preparations made by providers of UK networks for

responding to an emergency, including preparations for

35

restoring normal operation of UK networks disrupted by the

emergency, and

(i)   

the standard of the different UK networks in comparison with

electronic communications networks provided in a range of

other countries, having regard, in particular, to their coverage

40

and capacity.

(2)   

For the purposes of section 134A, the electronic communications

services matters are—

(a)   

the use of the electromagnetic spectrum for wireless telegraphy

in the United Kingdom,

45

(b)   

the different types of electronic communications service

provided in the United Kingdom (“UK services”),

(c)   

the geographic coverage of the different UK services,

 
 

Digital Economy Bill [HL]

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(d)   

the proportion of the population covered by the different UK

services,

(e)   

the amount of time for which the different UK services are and

are not available, including the steps that have been or are to be

taken to maintain or improve the level of availability,

5

(f)   

the preparations made by providers of UK services for

responding to an emergency, including preparations for

restoring normal operation of UK services disrupted by the

emergency, and

(g)   

the standard of the different UK services in comparison with

10

electronic communications services provided in a range of other

countries.

(3)   

The preparations referred to in subsections (1)(h) and (2)(f) include—

(a)   

the steps taken to assess the risks of different types of

emergency occurring,

15

(b)   

the steps taken to reduce or remove those risks, and

(c)   

the testing of proposed responses to different types of

emergency.

(4)   

In a report under section 134A, OFCOM are required to include only

information about, and analysis of, such networks, services and

20

providers as they consider appropriate.

(5)   

In this section “emergency” means an event or situation that seriously

disrupts a UK network or UK service.

Reports on internet domain names

134C    

OFCOM reports on internet domain names

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(1)   

OFCOM must, if requested to do so by the Secretary of State—

(a)   

prepare a report on matters specified by the Secretary of State

relating to internet domain names, and

(b)   

send the report to the Secretary of State as soon as practicable.

(2)   

The specified matters may, in particular, include matters relating to—

30

(a)   

the allocation and registration of internet domain names, and

(b)   

the misuse of internet domain names.”

(2)   

In section 135(3) of that Act (information required for purposes of Chapter 1

functions), after paragraph (ib) insert—

“(ic)   

preparing a report under section 134A;

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(id)   

preparing a report under section 134C;”.

3       

OFCOM reports on media content

After section 264 of the Communications Act 2003 insert—

“264A   

OFCOM reports: wider review and reporting obligations

(1)   

When carrying out a review under section 264 for a period, OFCOM

40

must also carry out a review of the extent to which material included in

media services during that period (taken together over the period as a

 
 

Digital Economy Bill [HL]

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whole) contributed towards the fulfilment of the public service

objectives.

(2)   

Every report under section 264 must—

(a)   

include a report on the matters found on the review under this

section,

5

(b)   

specify, and comment on, whatever changes appear to OFCOM

to have occurred, during the period to which the report relates,

in the extent to which the public service objectives have been

fulfilled,

(c)   

specify, and comment on, whatever changes appear to OFCOM

10

to have occurred, during that period, in the manner in which

those objectives are fulfilled, and

(d)   

set out OFCOM’s conclusions on the current state of material

included in media services.

(3)   

“The public service objectives” are the objectives set out in paragraphs

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(b) to (j) of section 264(6) (as modified by subsection (4)).

(4)   

Paragraphs (b) to (j) of section 264(6) have effect for the purposes of

subsection (3) as if—

(a)   

references to the relevant television services were to media

services, and

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(b)   

references to programmes were to material included in such

services.

(5)   

In this section—

“material” does not include advertisements;

“media services” means any of the following services that are

25

available to members of the public in all or part of the United

Kingdom—

(a)   

television and radio services,

(b)   

on-demand programme services, and

(c)   

other services provided by means of the internet where

30

there is a person who exercises editorial control over the

material included in the service.

(6)   

The services that are to be taken for the purposes of this section to be

available to members of the public include any service which—

(a)   

is available for reception by members of the public (within the

35

meaning of section 361); or

(b)   

is available for use by members of the public (within the

meaning of section 368R(4)).”

 
 

 
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