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Make provision about the functions of the Office of Communications; to make |
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provision about the online infringement of copyright, about licensing of |
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copyright and performers’ rights and about penalties for infringement; to |
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make provision about internet domain registries; to make provision about the |
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functions of the Channel Four Television Corporation; to make provision |
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about the regulation of television and radio services; to make provision about |
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the regulation of the use of the electromagnetic spectrum; to amend the Video |
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Recordings Act 1984; to make provision about public lending right in relation |
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to electronic publications; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | General duties of OFCOM |
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(1) | Section 3 of the Communications Act 2003 (general duties of OFCOM) is |
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(2) | After subsection (1) insert— |
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“(1A) | In performing their duties under subsection (1), OFCOM must have |
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particular regard, in all cases, to the need— |
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(a) | to promote appropriate levels of investment in electronic |
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(b) | to promote appropriate levels of investment in public service |
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(c) | for the investment to be efficient, wherever possible.” |
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(3) | In subsection (2)(c) and (d), for “television and radio services” substitute |
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(4) | In subsection (4)(m), for “the furthering or securing of the matters mentioned |
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in subsections (1) and (2)” substitute “the furthering, promoting or securing of |
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the matters mentioned in subsections (1), (1A) and (2)”. |
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(5) | In subsection (14), after the definition of “general duties” insert— |
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““media services” means any of the following services that are |
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available to members of the public in all or part of the United |
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(a) | television and radio services; |
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(b) | on-demand programme services; and |
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(c) | other services provided by means of the internet where |
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there is a person who exercises editorial control over the |
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material included in the service; |
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“public service media content” means material, other than |
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advertisements, which is included in media services and which |
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OFCOM consider contributes or may contribute towards the |
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fulfilment of the public service objectives (as defined in section |
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(6) | After that subsection insert— |
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“(15) | The services that are to be taken for the purposes of this section to be |
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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 |
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meaning of section 361); or |
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(b) | is available for use by members of the public (within the |
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meaning of section 368R(4)).” |
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2 | OFCOM reports on infrastructure, internet domain names etc |
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(1) | In Chapter 1 of Part 2 of the Communications Act 2003 (electronic |
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communications networks and services), after section 134 insert— |
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“Reports on infrastructure etc |
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134A | OFCOM reports on infrastructure etc |
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(1) | OFCOM must prepare reports in accordance with subsections (2) and |
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(a) | the electronic communications networks matters listed in |
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(b) | the electronic communications services matters listed in section |
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(2) | The first report must— |
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(a) | relate to the position on a day specified in the report which falls |
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within the period of 12 months beginning with the day on |
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which this section comes into force, and |
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(b) | be sent to the Secretary of State by OFCOM not more than 2 |
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months after the specified day. |
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(3) | Each subsequent report must— |
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(a) | relate to a relevant period, and |
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(b) | be sent to the Secretary of State by OFCOM as soon as |
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practicable after the end of the relevant period. |
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(4) | “Relevant period” means— |
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(a) | the period of 2 years beginning with the day specified in the first |
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(b) | each subsequent period of 2 years beginning with the end of the |
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(5) | Where there is a significant change in connection with a matter listed in |
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section 134B(1) or (2) and OFCOM consider that the change should be |
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brought to the attention of the Secretary of State, OFCOM must— |
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(a) | prepare a report on the change, and |
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(b) | send it to the Secretary of State as soon as practicable. |
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(6) | For the purposes of subsection (5), a change is significant if OFCOM |
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consider that it has, or is likely to have, a significant adverse impact |
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(a) | persons carrying on business in the United Kingdom or a part |
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of the United Kingdom, or |
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(b) | the general public in the United Kingdom or a part of the United |
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134B | Networks and services matters |
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(1) | For the purposes of section 134A, the electronic communications |
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(a) | the different types of electronic communications network |
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provided in the United Kingdom (“UK networks”), |
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(b) | the geographic coverage of the different UK networks, |
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(c) | the proportion of the population covered by the different UK |
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(d) | the extent to which UK networks share infrastructure, |
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(e) | the capacity of the different UK networks, |
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(f) | the extent to which the providers of the different UK networks |
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allow other communications providers to use their networks to |
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(g) | the amount of time for which the different UK networks are and |
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are not available, including the steps that have been or are to be |
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taken to maintain or improve the level of availability, |
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(h) | the preparations made by providers of UK networks for |
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responding to an emergency, including preparations for |
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restoring normal operation of UK networks disrupted by the |
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(i) | the standard of the different UK networks in comparison with |
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electronic communications networks provided in a range of |
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other countries, having regard, in particular, to their coverage |
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(2) | For the purposes of section 134A, the electronic communications |
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(a) | the use of the electromagnetic spectrum for wireless telegraphy |
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(b) | the different types of electronic communications service |
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provided in the United Kingdom (“UK services”), |
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(c) | the geographic coverage of the different UK services, |
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(d) | the proportion of the population covered by the different UK |
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(e) | the amount of time for which the different UK services are and |
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are not available, including the steps that have been or are to be |
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taken to maintain or improve the level of availability, |
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(f) | the preparations made by providers of UK services for |
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responding to an emergency, including preparations for |
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restoring normal operation of UK services disrupted by the |
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(g) | the standard of the different UK services in comparison with |
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electronic communications services provided in a range of other |
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(3) | The preparations referred to in subsections (1)(h) and (2)(f) include— |
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(a) | the steps taken to assess the risks of different types of |
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(b) | the steps taken to reduce or remove those risks, and |
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(c) | the testing of proposed responses to different types of |
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(4) | In a report under section 134A, OFCOM are required to include only |
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information about, and analysis of, such networks, services and |
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providers as they consider appropriate. |
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(5) | In this section “emergency” means an event or situation that seriously |
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disrupts a UK network or UK service. |
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Reports on internet domain names |
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134C | OFCOM reports on internet domain names |
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(1) | OFCOM must, if requested to do so by the Secretary of State— |
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(a) | prepare a report on matters specified by the Secretary of State |
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relating to internet domain names, and |
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(b) | send the report to the Secretary of State as soon as practicable. |
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(2) | The specified matters may, in particular, include matters relating to— |
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(a) | the allocation and registration of internet domain names, and |
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(b) | the misuse of internet domain names.” |
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(2) | In section 135(3) of that Act (information required for purposes of Chapter 1 |
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functions), after paragraph (ib) insert— |
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“(ic) | preparing a report under section 134A; |
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(id) | preparing a report under section 134C;”. |
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3 | OFCOM reports on media content |
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After section 264 of the Communications Act 2003 insert— |
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“264A | OFCOM reports: wider review and reporting obligations |
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(1) | When carrying out a review under section 264 for a period, OFCOM |
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must also carry out a review of the extent to which material included in |
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media services during that period (taken together over the period as a |
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whole) contributed towards the fulfilment of the public service |
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(2) | Every report under section 264 must— |
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(a) | include a report on the matters found on the review under this |
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(b) | specify, and comment on, whatever changes appear to OFCOM |
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to have occurred, during the period to which the report relates, |
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in the extent to which the public service objectives have been |
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(c) | specify, and comment on, whatever changes appear to OFCOM |
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to have occurred, during that period, in the manner in which |
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those objectives are fulfilled, and |
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(d) | set out OFCOM’s conclusions on the current state of material |
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included in media services. |
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(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)). |
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(4) | Paragraphs (b) to (j) of section 264(6) have effect for the purposes of |
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(a) | references to the relevant television services were to media |
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(b) | references to programmes were to material included in such |
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“material” does not include advertisements; |
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“media services” means any of the following services that are |
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available to members of the public in all or part of the United |
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(a) | television and radio services, |
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(b) | on-demand programme services, and |
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(c) | other services provided by means of the internet where |
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there is a person who exercises editorial control over the |
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material included in the service. |
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(6) | The services that are to be taken for the purposes of this section to be |
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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 |
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meaning of section 361); or |
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(b) | is available for use by members of the public (within the |
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meaning of section 368R(4)).” |
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