Committee (7th Day)

Part of Digital Economy Bill [HL] – in the House of Lords at 6:00 pm on 8 February 2010.

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Photo of Lord Young of Norwood Green Lord Young of Norwood Green Government Whip, Parliamentary Under-Secretary, Department for Business, Innovation and Skills, Government Whip, Parliamentary Under-Secretary of State (Department for Business, Innovation and Skills) (Postal Affairs and Employment Relations) (also Lord in Waiting) 6:00, 8 February 2010

This government amendment rectifies an omission in the Bill.

Clause 39 of the Bill inserts proposed new Section 43A into the Communications Act 2003, giving Ofcom a new power to impose financial penalties in certain circumstances. This technical amendment adds a reference to the penalties imposed under new Section 43A to Section 400 of the Communications Act 2003. Section 400 requires specified licence fees and penalties paid by operators to be paid into the Consolidated Fund. This amendment therefore ensures that any such penalties are dealt with in a consistent fashion to other amounts and penalties paid to Ofcom. I beg to move.

Amendment 242 agreed.

Clause 39, as amended, agreed.

Amendment 243

Moved by Lord Lucas

243: After Clause 39, insert the following new Clause-

"Electromagnetic spectrum: access for European emergency service

(1) OFCOM must set aside a spectrum band or bands amounting to not less than 15 MHz in total and lying within that part of the spectrum that is expected, under Council recommendation 10141/09 or subsequent proposals, to be agreed upon for the extension of European emergency service access.

(2) OFCOM may not release any of the spectrum so set aside unless it sets aside equivalent spectrum, or determines after due consultation that the emergency services have no reasonable likelihood of requiring the spectrum to be released."