Digital Economy Bill — Report (1st Day) — 22 Feb 2017 at 17:45
Moved by Lord Ashton of Hyde
6: Schedule 1, page 107, line 41, at end insert-“Code rights and land registration13A_ Where an enactment requires interests, charges or other obligations affecting land to be registered, the provisions of this code about who is bound by a code right have effect whether or not that right is registered.”
Moved by Lord Ashton of Hyde
7: Schedule 1, page 108, line 33, leave out “90(2)(b)” and insert “90(2)(a)”
8: Schedule 1, page 113, line 31, after “is” insert “, subject to sub-paragraph (3A),”
9: Schedule 1, page 113, line 37, leave out “as if the transaction were” and insert “on the basis that the transaction was”
10: Schedule 1, page 113, line 39, leave out from beginning to end of line 7 on page 114 and insert-“(3A) The market value must be assessed on these assumptions-(a) that the right that the transaction relates to does not relate to the provision or use of an electronic communications network;(b) that paragraphs 15 and 16 (assignment, and upgrading and sharing) do not apply to the right or any apparatus to which it could apply;(c) that the right in all other respects corresponds to the code right;(d) that there is more than one site which the buyer could use for the purpose for which the buyer seeks the right.”
11: Schedule 1, page 140, line 22, after “is” insert “, subject to sub-paragraph (7A),”
12: Schedule 1, page 140, leave out lines 30 to 40 and insert-“(7A) The market value must be assessed on these assumptions-(a) that the right that the transaction relates to does not relate to the provision or use of an electronic communications network;(b) that the right in all other respects corresponds to the tidal water right;(c) that there is more than one site which the buyer could use for the purpose for which the buyer seeks the right.”
13: Schedule 1, page 157, line 12, leave out “and Wales”
Moved by Lord Ashton of Hyde
15: Schedule 1, page 160, line 22, after “Commissioners” insert “or the relevant person”
16: Schedule 1, page 160, line 43, at end insert-“( ) In sub-paragraph (6)(a) “relevant person”, in relation to land to which section 90B(5) of the Scotland Act 1998 applies, means the person having the management of that land.”
Moved by Lord Stevenson of Balmacara
17: After Clause 8, insert the following new Clause-“OFCOM power to impose caps upon wireless telegraphy licensesIn Schedule 1 to the Wireless Telegraphy Act 2006, for paragraph 3 (information to be provided in connection with applications) substitute-“3 The grounds on which a licence may be refused by OFCOM include-(a) a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with terms, provisions or limitations to which the licence may be made subject, or(b) where the applicant owns more than 30% of the total useable mobile phone spectrum in the UK and OFCOM has a reasonable belief that the award of further licences would have a damaging impact upon competition in a given electronic communications market.3A Where an applicant already owns more than 30% of the total usable mobile phone spectrum in the UK, and OFCOM has a reasonable belief that the holding of these licences may have a damaging impact upon competition in a given electronic communications market, OFCOM may request that the holder of the spectrum must divest a proportion of its spectrum holdings until such a competition issue no longer exists.3B Within six months of the day on which the Digital Economy Act 2017 is passed, OFCOM must commission an evaluation of the distribution of radio spectrum suitable for use for the purpose of mobile telephony and present a report to the Secretary of State.3C The evaluation under subsection (3B) must consider-(a) the impact on competition in the mobile telephony market of the current distribution of spectrum;(b) the impact on consumers, both financial and in terms of coverage;(c) the efficiency of current spectrum usage; and(d) the impact of preventing any one licence holder from owning more than 30% of the total spectrum useable for mobile telephony.3D The Secretary of State must lay the report of the review before each House of Parliament by 1 July 2018.””
Moved by Baroness Buscombe
19: Before Clause 28, insert the following new Clause-“Lending of e-books by public libraries(1) In section 5(2) of the Public Lending Right Act 1979 (interpretation) for the definition of “lent out” substitute-““lent out” means made available to a member of the public for use away from library premises for a limited time (including by being communicated by means of electronic transmission to a place other than library premises) and “loan” and “borrowed” are to be read accordingly;”.(2) Section 40A of the Copyright, Designs and Patents Act 1988 (lending of copies by libraries or archives) is amended as follows.(3) After subsection (1) insert-“(1ZA) Subsection (1) applies to an e-book or an e-audio-book only if- (a) the book has been lawfully acquired by the library, and(b) the lending is in compliance with any purchase or licensing terms to which the book is subject.”(4) In subsection (1A)-(a) for “subsection (1)” substitute “subsections (1) and (1ZA)”;(b) after paragraph (a) insert-“(aa) “e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,”.”
Moved by Lord Stevenson of Balmacara
20: Clause 28, page 29, line 23, at end insert-“(7) If it appears to the Secretary of State that the extent of the manufacture of unauthorised decoders or similar equipment for sale or hire imported into the United Kingdom (otherwise than for private and domestic use) or distribution otherwise than in the course of a business has reached a level which is likely to affect prejudicially the owners of copyright works, the Secretary of State may bring forward regulations made by statutory instrument which prohibit such activities.(8) A statutory instrument containing regulations made under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Ayes 133, Noes 182.
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