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Digital Economy Bill [HL]

This amendment might be based on some confusion about the meaning of subsections (1) and (2) in new Section 134B. I wholeheartedly concur with the analysis of the noble Lord. The intention is that the issues covered in subsection (1) are all those relating to networks, whether fixed, mobile or satellite networks, or networks based on other technologies. The issues covered in subsection (2) relate to services provided in relation to or over those networks. We are not making a distinction and recognise the point that the noble Lord, Lord Clement-Jones, drew to our attention. Turning specifically to the wording of the amendment, we consider the inclusion of geographic coverage of the different UK networks to be an important part of the report because geographical coverage matters from an economic and social perspective. That being so, I believe it should remain within the scope of the report. The other day, we debated the importance of universal coverage. Spectrum is used for a variety of services that fall within the definition of electronic communication services, mobile services and broadcast TV/radio being the most obvious. Spectrum is also used for some point-to-point communication links, in which form they can be an important wholesale input to other services. For example, point-to-point microwave links are sometimes used to provide connection to radio base stations, especially when they are geographically remote. The use of electromagnetic spectrum is included separately in new Section 134(b)(2) as services matters. Spectrum itself is not a physical network, which is why it is included under services so that the report will include the type of services provided when using the electronic communications network. I trust that, in the light of that explanation, the noble Lord will consider withdrawing his amendment.