INCLUSION OF CERTAIN BROADCASTS (Hansard, 9 July 1984)

§ Mr. Hurd
I beg to move amendment No. 35, in page 13, line 26, leave out from 'schedules' to 'schedules' in line 28 and insert `then, so far as relating to that television broadcasting service, the duty in subsection (1) above shall be subject to the limitation in whichever of subsections (2A) and (2B) below is applicable. (2A) Where the programmes contained in one of the programme schedules are broadcast for reception in a greater part of the area than the programmes contained in the other schedule or any of the other schedules, the said duty so far as so relating shall extend only to the programmes contained in the first-mentioned schedule. (2B) Where subsection (2A) above does not apply, the said duty so far as so relating shall extend only to the programmes contained in such one of the programme'.

§ Mr. Speaker
With this it will be convenient to discuss Government amendments Nos. 36, 37, 40, 41 and 52 to 59.

§ Mr. Hurd
This group of amendments appears to be rather a mouthful, but I hope that it will not prove to be so. The group adjusts in some detail the workings of the must carry rule under the clause and its interactions with the provisions of the Copyright Act 1956, as amended by clause 23. The first amendment is designed to deal with a problem that was mentioned by my hon. Friend the Member for Cornwall, North (Mr. Neale) in Committee, although his amendment related to a slightly different point. At present clause 13 assumes that the must carry rule can operate in all cases because cable systems will be entirely within the intended area of reception of at least one programme company, although it may be served by a second or even a third company.
Usually that will be true, but we cannot be certain where cable systems will be installed. It is possible, despite the large overlaps between many transmitter coverage areas, that some systems could be partly in the exclusive area of Central Television, partly in an overlap area between Central and Anglia Television, and partly in the exclusive Anglia area. We are trying to ensure that, in such an exceptional case, the must carry arrangements will still work.
The next four amendments are consequent on new clause 12, which we have aleady discussed. The amendments to clause 23 are consequential to the amendments to clause 13. They ensure that a cable operator is never put in a position where he is required both to relay a broadcast service and to enter into copyright negotiations with the broadcaster or other rights owners. The amendments provide the broadcasters with copyright protection for DBS and subscription teletext services against the unauthorised cable relay of those services where the must carry rule does not apply.
The amendments ensure that in all cases rights owners whose works are used in broadcast programmes can secure remuneration in respect of the total audience, including any additional cable viewers outside the normal service area but who receive the programmes under the must carry rule. Although the amendments are complex, they make useful clarifications to the Bill and I ask the House to support them.