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Digital Economy Bill [HL]

Amendment 2 focuses on an unnecessary additional duty to promote infrastructure in electronic communications networks. I have mentioned a number of concerns already about this particular subsection, but they are worth reiterating. We on these Benches believe that Ofcom already has the legislative framework within the Communications Act 2003 to encourage investment in communications networks and the Government have not been clear as to what change this new duty would have when there already exists a requirement for efficient investment in infrastructure. If this paragraph will fundamentally change the way in which Ofcom works, the Government need to be a bit clearer about it. The only change that I can see with such a duty is to allow the incumbent operator to charge higher prices, both directly to consumers and indirectly through its wholesale pricing. If the Government think that this is necessary, or indeed a good thing, they should say so. It is worth pointing out again that the Government’s impact assessment states: ""It is difficult to predict with complete certainty what the precise effect of this will be"." If this is the case, I suggest it is best that the duty is not included in the Bill until we are certain of its impact. I beg to move.