Clause 149 - Duties of OFCOM when carrying out spectrum functions
Communications Bill
10:15 am
Mr Andrew Lansley (South Cambridgeshire, Conservative)
I beg to move amendment No.15, in
clause 149, page 136, line 32, leave out subsection (3).
Clause 149 sets out the range of matters that must be taken into account by Ofcom when managing spectrum. I hope that the Committee will forgive me, but I shall have to take a tour back through history. The purpose of section 2 of the Wireless Telegraphy Act 1998 was to set out the matters to be taken into account by the Secretary of State or the Radiocommunications Agency, on his behalf, when exercising the power to prescribe fees payable in respect of wireless telegraphy licences. In effect, that was the introduction of administrative incentive pricing for wireless telegraphy licences. The matters that must be taken into account are reflected directly under clause 149.
Let us consider clause 149(1)(a), (b) and (c). Such measures cover the supply, demand and prospective demand for spectrum and are translated from section 2 of the Wireless Telegraphy Act 1998. Subsection (2) of clause 149 sets out further factors that are not concerned with supply and demand for spectrum, but wider matters that relate to the economic management for spectrum for the delivery of benefits to society as a whole, such as efficient management, economic and other benefits, development of innovative services and competition. Such matters have been separated under the clause. It may be asked why were they not set out in a group in the same way as they were set out under section 2 of the Wireless Telegraphy Act.
I refer to the debates on the Wireless Telegraphy Act 1998 in Standing Committee A on 13 November 1997.