Clause 154 - Grant of recognised spectrum access
Communications Bill
2:32 pm
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
I beg to move amendment No. 318, in
clause 154, page 139, line 14, at end insert—
'(1A) OFCOM shall not issue any regulations under subsection (1) until they have consulted all interested parties, and considered any representations received, on whether the application of such regulations to any particular circumstances of use is appropriate and proportionate, having regard to all the circumstances.'.
I begin by welcoming you to the Chair, Mr. O'Brien, even though you are a replacement for a replacement. The ability of the Chair to draft in fresh horses is rather attractive, and we on the Opposition Benches envy that.
This morning, we rehearsed some of the arguments about recognised spectrum access in respect of the amendments to clause 151, but clause 154 is the main clause that introduces the principle of recognised spectrum access. The next group of amendments goes to the heart of that issue. The amendment is a taster of what is to come—its scope is much narrower than the group that follows it.
In his response this morning to my hon. Friend the Member for South Cambridgeshire (Mr. Lansley), the Minister defended the Government's insistence on proceeding with RSA, and laid great stress on the fact that the implementation of that concept would proceed only subject to close consultation with the industry. The hon. Gentleman said that both the Government and Ofcom intend to undertake further consultations beyond those that have already taken place to ensure that RSA would apply only in circumstances in which spectrum management was needed. On the question of the fees to be paid, he said that those would be no higher than were necessary for spectrum management purposes. We welcome that commitment, but the Bill as it stands does not require there to be consultation. I hope, therefore, that he will be willing to look sympathetically on an amendment that would simply introduce into the Bill a requirement in respect of which the Minister has, in many ways, already given a commitment. It adds a general consultative requirement to the legislation.
We continue to be apprehensive about the concept of RSA. We will discuss that subject shortly, but
before we do so, it would be helpful if the Minister said a little more about the consultation that he has promised, and considered whether he is willing to accept the amendment.