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Communications Bill (Volume II)

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Communications Bill (Volume II) Communications Bill (Volume II) The Bill is divided into two volumes. Volume I contains Clauses 1 to 355. Volume II contains Clauses 356 to 403 and the Schedules. CONTENTS PART 1 FUNCTIONS OF OFCOM Transferred and assigned functions 1 Functions and general powers of OFCOM 2 Transfer of functions of pre-commencement regulators General duties in carrying out functions 3 General duties of OFCOM 4 Duties for the purpose of fulfilling Community obligations 5 Directions in respect of networks and spectrum functions 6 Duties to review regulatory burdens 7 Duty to carry out impact assessments 8Duty to publish and meet promptness standards 9 Secretary of State’s powers in relation to promptness standards Media literacy 10 Duty to promote media literacy OFCOM’s Content Board 11 Duty to establish and maintain Content Board 12 Functions of the Content Board Functions for the protection of consumers 13 Consumer research 14 Duty to publish and take account of research 15 Consumer consultation 16 Membership etc. of the Consumer Panel 17 Committees and other procedure of the Consumer Panel 18 Power to amend remit of Consumer Panel HL Bill 41 53/2 iv Communications Bill International matters 19 Representation on international and other bodies 20 Directions for international purposes in respect of broadcasting functions General information functions 21 Provision of information to the Secretary of State 22 Community requirement to provide information 23 Publication of information and advice for consumers etc. Employment in broadcasting 24 Training and equality of opportunity Charging 25 General power to charge for services Guarantees 26 Secretary of State guarantees for OFCOM borrowing Provisions supplemental to transfer of functions 27 Transfers of property etc. from pre-commencement regulators 28 Transitional functions and abolition of pre-commencement regulators PART 2 NETWORKS, SERVICES AND THE RADIO SPECTRUM CHAPTER 1 ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES Preliminary 29 Meaning of electronic communications networks and services Notification by providers 30 Advance notification to OFCOM 31 Designations and requirements for the purposes of s. 30 32 Notification of contraventions of s. 30 33 Enforcement notification for contravention of s. 30 34 Penalties for contravention of s. 30 Administrative charges imposed on providers 35 Fixing of charges 36 Supplemental provision about fixing charges 37 Notification of non-payment of charges 38 Penalties for non-payment of charges 39 Suspending service provision for non-payment Communications Bill v 40 Enforcement of directions under s. 39 Register of providers required to notify or to pay charges 41 Duty of OFCOM to keep publicly accessible register Conditions of entitlement to provide network or service etc. 42 Power of OFCOM to set conditions 43 Persons to whom conditions may apply 44 Tests for setting or modifying conditions 45 Procedure for setting, modifying and revoking conditions 46 Directions and approvals for the purposes of a s. 42 condition 47 Delivery of copies of notifications etc. General conditions: subject matter 48 Matters to which general conditions may relate General conditions: customer interests 49 Conditions relating to customer interests 50 Approval of codes of practice for the purposes of s. 49 51 Approval of dispute procedures for the purposes of s. 49 52 Orders by OFCOM in the absence of conditions under s. 49 General conditions: telephone numbers 53 The National Telephone Numbering Plan 54 Conditions to secure access to telephone numbers 55 Conditions about allocation and adoption of numbers 56 Telephone numbering conditions binding non-providers 57 Modification of documents referred to in numbering conditions 58 Withdrawal of telephone number allocations 59 Numbering reorganisations 60 General duty as to telephone numbering functions General conditions: must-carry obligations 61 Must-carry obligations Universal service conditions 62 Obligations to be secured by universal service conditions 63 Designation of universal service providers 64 Subject-matter of universal service conditions 65 Tariffs etc. for universal services 66 Directories and directory enquiry facilities 67 Review of compliance costs 68 Sharing of burden of universal service obligations 69 Report on sharing mechanism vi Communications Bill Access-related conditions 70 Permitted subject-matter of access-related conditions 71 Specific types of access-related conditions 72 Conditional access systems and access to digital services 73 Modification and revocation of conditions imposed under s. 72 Privileged supplier conditions 74 Imposition of privileged supplier conditions SMP conditions: procedure 75 Circumstances required for the setting of SMP conditions 76 Market power determinations 77 Proposals for identifying markets and for market power determinations 78 Delivery of copies of notifications under ss. 76 and 77 79 European Commission’s powers in respect of proposals 80 Special rules for transnational markets 81 Review of services market identifications and determinations 82 Review of apparatus market identifications and determinations 83 Cases where review required SMP services conditions: subject matter 84 Conditions about network access etc. 85 Conditions about network access pricing etc. 86 Conditions about network access in exceptional cases 87 Conditions about carrier selection and pre-selection 88 Conditions about regulation of services etc. for end-users 89 Conditions about leased lines SMP apparatus conditions: subject matter 90 Conditions about apparatus supply Enforcement of conditions 91 Notification of contravention of condition 92 Enforcement notification for contravention of conditions 93 Penalties for contravention of conditions 94 Amount of penalty under s. 93 95 Power to deal with urgent cases 96 Confirmation of directions under s. 95 97 Suspending service provision for contraventions of conditions 98 Suspending apparatus supply for contraventions of conditions 99 Procedure for directions under ss. 97 and 98 100 Enforcement of directions under ss. 95, 97 and 98 101 Civil liability for breach of conditions or enforcement notification OFCOM’s duty to intervene on network access issues 102 Consideration and determination of network access questions Communications Bill vii Electronic communications code 103 Application of the electronic communications code 104 Procedure for directions applying code 105 Register of persons in whose case code applies 106 Restrictions and conditions subject to which code applies 107 Enforcement of restrictions and conditions 108 Enforcement notification for contravention of code restrictions 109 Penalties for contravention of code restrictions 110 Suspension of application of code 111 Procedure for directions under s. 110 112 Modification and revocation of application of code 113 Notification of cessation by person to whom code applies 114 Transitional schemes on cessation of application of code 115 Compulsory acquisition of land etc. 116 Power to give assistance in relation to certain proceedings Regulation of premium rate services 117 Conditions regulating premium rate services 118 Approval of code for premium rate services 119 Orders by OFCOM in the absence of a code under s. 118 120 Enforcement of s. 117 conditions 121 Suspending service provision for contraventions of s. 117 conditions Offences relating to networks and services 122 Dishonestly obtaining electronic communications services 123 Possession or supply of apparatus etc. for contravening s. 122 124 Improper use of public electronic communications network Persistent misuse of network or service 125 Notification of misuse of networks and services 126 Enforcement notifications for stopping persistent misuse 127 Penalties for persistent misuse 128 Statement of policy on persistent misuse Powers to deal with emergencies 129 Powers to require suspension or restriction of a provider’s entitlement 130 Enforcement of directions under s. 129 Restrictions in leases and licences 131 Restrictions in leases and licences Information provisions 132 Information required for purposes of Chapter 1 functions 133 Information required for related purposes 134 Restriction on imposing information requirements 135 Notification of contravention of information requirements 136 Penalties for contravention of information requirement 137 Suspending service provision for information contraventions viii Communications Bill 138 Suspending apparatus supply for information contraventions 139 Procedure for directions under ss. 137 and 138 140 Enforcement of directions under ss. 137 and 138 141 Offences in connection with information requirements 142 Statement of policy on information gathering 143 Provision of information by OFCOM Abolition of telecommunications licensing etc. 144 Repeal of provisions of Telecommunications Act 1984 Local authority powers in relation to networks and services 145 Powers of local authorities in connection with networks Grants for networks and services in Northern Ireland 146 Grants by Department of Enterprise, Trade and Investment 147 Grants by district councils Interpretation of Chapter 1 148 Interpretation of Chapter 1 CHAPTER 2 SPECTRUM USE General functions relating to spectrum use 149 General functions of OFCOM in relation to radio spectrum 150 United Kingdom Plan for Frequency Authorisation 151 Duties of OFCOM when carrying out spectrum functions 152 Advisory service in relation to interference 153 Directions with respect to the radio spectrum 154 Procedure for directions under s.
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