Clause 45 - Directions and approvals of a s.41 condition
Communications Bill
12:00 pm
Mr Andrew Robathan (Blaby, Conservative)
Clause 45 sets out the procedure that Ofcom or, indeed, other authorised persons must follow when giving, modifying or withdrawing a direction, approval or consent that may be given under a general condition entitlement. It implements articles 6 and 7 of the framework directive. Amendments Nos. 72 to 76 and the consequential amendment No. 120 would insert the word ''determination'', so that the measure did not refer only to ''approval or consent'', because determinations can have the same effect on a company's business as directives and should be subject to the same safeguards.
The clause sets out certain safeguards, such as consultation where Ofcom issues directions, approvals or consents, but the present wording does not include determinations made by Ofcom under the conditions of entitlement, which will replace licences. Many key issues will hang on the interpretation of those conditions and determinations issued under them. They should be subject to consultation to ensure that the ensuing regulation is right.