Moved by
Lord Wood of Anfield
33ZG: After Clause 86, insert the following new Clause—
“Public sector broadcasting prominence
(1) The Communications Act 2003 is amended as follows.
(2) In the title of section 232, at end insert “and “electronic programme guide””.
(3) After section 232(5) insert—
“(5A) In this section “electronic programme guide” means a service which consists of a—
(a) linear electronic programme guide; or
(b) qualifying connected electronic programme guide.”
(4) In section 232(6) before “electronic” insert “linear”.
(5) In section 232(6)(b) after “for” insert “finding, selecting or”.
(6) After section 232(6) insert—
“(7) In this section “qualifying connected electronic programme guide” means a “connected electronic programming guide” which is used by a significant number of its intended audiences as a means of receiving television programmes or TV-like content.
(8) In this section “connected electronic programming guide” means a service which consists of—
(a) the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and
(b) the listing or promotion, or both the listing and the promotion, of—
(i) some or all of the programmes included in any one or more on-demand programme services, or
(ii) some or all of the on-demand programme services, the providers of which are or include persons other than the provider of the guide; and
(c) the facility for finding, selecting or obtaining access, in whole or in part, to the programme service or services and the on-demand programme service or services listed or promoted in the guide.
(9) The Secretary of State may by order amend the definition of an electronic programme guide in this section.
(10) Before making an order under subsection 9 the Secretary of State must consult OFCOM.”
(7) In section 310(1) for “from time to time” substitute “on 1 December 2017 and at intervals of no more than three years thereafter”.
(8) In section 310(2) omit “such degree of” and “as OFCOM consider appropriate”.
(9) In section 310(4)(a) after “BBC” insert “, including on-demand programme services,”.
(10) After section 310(4)(h) insert—
“(i) any on-demand programme service provided by a public service broadcaster.
(4A) A service is an on-demand programme service provided by a public service broadcaster for the purposes of subsection (4)(i) if it —
(a) is provided by any of the following—
(i) a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;
(ii) the Channel 4 Corporation;
(iii) a person licensed under Part 1 of the 1990 Act to provide Channel 5;
(iv) the Welsh Authority; and
(b) provides access to programmes broadcast on a licensed public service channel.”
(11) In section 310(5)(a) after first “service” insert “, including on-demand programme services,”.
(12) After section 310(5) insert—
“(5A) In making any order under subsection (5) the Secretary of State must have regard to the desirability of investment in original productions.
(5B) In this section “original productions” means programmes commissioned by or for the provider of a service for the purposes of subsection (5) with a view to their first showing on television in the United Kingdom on that service.”
(13) After section 310(7)(a) insert—
“(b) if the service is a public service channel dedicated to children, persons under the age of 16;”.
(14) For section 310(8)substitute—
“(8) In this section “electronic programme guide” means a service which consists of the programme service or services listed or promoted in the guide.”
(15) In section 311(2) for “310” substitute “232(5A)”.”