Schedule 5 - Procedure for grants of recognised
Communications Bill
4:00 pm
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
The communications sector is subject to rapid and unpredictable change and we need to give Ofcom sufficient powers to modify or revoke RSA when necessary and after due process. That power must be balanced against the rights of RSA holders. The schedule as drafted strikes the right balance.
Amendment No. 338 proposes that Ofcom should be able to revoke or modify RSA only with the holder's consent unless conditions are breached. That could create difficulties for Ofcom in circumstances such as the need for spectrum re-farming, or if problems of harmful interference arise due to some unforeseen problem—which may happen despite the best efforts of the spectrum manager. Such circumstances may not be frequent, but it is important that Ofcom has the power to act appropriately should the need arise. The amendment would tie Ofcom's hands unacceptably.
Modification or revocation of RSA will be subject to the full appeals procedure established under clauses
187 to 191, including appeal to the Competition Appeal Tribunal on merits. We will discuss those clauses shortly, but they will give a good deal of assurance that a fair balance is being struck.
Amendments Nos. 339 to 342 propose relaxing the period of notice for varying or revoking RSA. Again, the schedule as drafted strikes a fair and reasonable balance. Occasionally, Ofcom will have to act speedily. The period allowed in the schedule is the same as that allowed for licences. It follows the requirements of the new directives and there is no reason for doing things differently in the case of RSA.
Amendment No. 343 inserts a provision to permit holders to agree a shorter period of notice, but there is nothing in the present drafting to stop that being agreed so the amendment is unnecessary.
Amendment No. 344 proposes that Ofcom's proposals to revoke or modify RSAs should not then be modified. However, that would make the procedure much less flexible, especially if a late accommodation could be reached with the applicants, so the amendment is unhelpful.
Amendment No. 345 suggests amending the wording on how revocations or modification made to secure compliance with international obligations can override other provisions. The original wording gives Ofcom a margin of appreciation in judging what is necessary or expedient. However, it is subject to the right of appeal that I mentioned, so I see no need to amend the wording.
The amendments do not help the Committee and it would be better to leave things as they are.