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Wireless Telegraphy Act 2006 2006 c. 36 An Act to consolidate enactments about wireless telegraphy. [8th November 2006] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) It is a function of OFCOM— (a) to give such advice in relation to the use of the electromagnetic spectrum for wireless telegraphy, (b) to provide such other services, and (c) to maintain such records, as they consider appropriate for the purpose of facilitating or managing the use of the spectrum for wireless telegraphy. (2) It is a function of OFCOM, in relation to the use of the electromagnetic spectrum for wireless telegraphy— (a) to give such further advice, (b) to provide such other services, and (c) to maintain such other records, as the Secretary of State may require for the purpose of securing compliance with the international obligations of the United Kingdom. (3) The advice, other services and records that OFCOM may give, provide or maintain under this section include advice, other services and records with respect to the use of the electromagnetic spectrum at places outside the United Kingdom. (4) The powers of OFCOM under Part 1 of the Communications Act 2003 (c. 21) to carry out research, or to arrange for others to carry out research, are to be exercisable, in particular, for ascertaining, for the purpose of carrying out OFCOM's functions under this section, information about— (a) the demands for use of the electromagnetic spectrum for wireless telegraphy in the United Kingdom; (b) the effects, in the United Kingdom, of any such use of the spectrum; (c) likely future developments in relation to those matters; and (d) any other connected matters that OFCOM think relevant. (5) OFCOM may make a grant to any person if, in their opinion, the making of the grant is likely to promote— (a) the efficient use in the United Kingdom of the electromagnetic spectrum for wireless telegraphy; or (b) the efficient management of that use. (6) A grant— (a) may be made to a person holding a wireless telegraphy licence or a grant of recognised spectrum access or to any other person; and (b) is to be made on such terms and conditions as OFCOM consider appropriate; and the terms and conditions may include terms requiring the repayment of the grant in specified circumstances. (7) The consent of the Treasury is required— (a) for the making of a grant under subsection (5); and (b) for the terms and conditions on which such a grant is made. (8) Where OFCOM are required to give advice or provide another service to a person under this section, they may make the giving of the advice or the provision of the other service conditional on the payment to them of such sums— (a) as they may determine in advance; or (b) as may be agreed between them and that person. (9) In this section references to providing a service to a person include references to a service consisting in— (a) the entry of that person's particulars in a register or other record kept by OFCOM for the purpose of carrying out their functions under this section; or (b) the taking of steps for the purposes of determining whether to grant an application for an entry in a register or record so kept.
Propose a change(1) OFCOM must, from time to time as they think fit, publish a plan (“the United Kingdom Plan for Frequency Authorisation”). (2) The plan must set out— (a) in relation to the United Kingdom, the frequencies that— (i) have been allocated for particular wireless telegraphy purposes, and (ii) are available for assignment; and (b) the purposes for which the different frequencies have been allocated. (3) Before publishing the plan, OFCOM must ensure that the criteria applied to determine the allocation of frequencies for particular purposes are— (a) objectively justifiable in relation to the frequencies or uses to which they relate, (b) not such as to discriminate unduly against particular persons or against a particular description of persons; (c) proportionate to what they are intended to achieve; and (d) in relation to what they are intended to achieve, transparent.
Propose a change(1) In carrying out their radio spectrum functions, OFCOM must have regard, in particular, to— (a) the extent to which the electromagnetic spectrum is available for use, or further use, for wireless telegraphy; (b) the demand for use of the spectrum for wireless telegraphy; and (c) the demand that is likely to arise in future for the use of the spectrum for wireless telegraphy. (2) In carrying out those functions, they must also have regard, in particular, to the desirability of promoting— (a) the efficient management and use of the part of the electromagnetic spectrum available for wireless telegraphy; (b) the economic and other benefits that may arise from the use of wireless telegraphy; (c) the development of innovative services; and (d) competition in the provision of electronic communications services. (3) Subsection (4) has effect in the case of OFCOM's radio spectrum functions, other than their functions under sections 13 and 22. (4) In the application of this section to those functions, OFCOM may disregard such of the matters mentioned in subsections (1) and (2) as appear to them— (a) to be matters to which they are not required to have regard apart from this section; and (b) to have no application to the case in question. (5) Where it appears to OFCOM that a duty under this section conflicts with one or more of their duties under sections 3 to 6 of the Communications Act 2003 (c. 21), priority must be given to their duties under those sections. (6) Where it appears to OFCOM that a duty under this section conflicts with another in a particular case, they must secure that the conflict is resolved in the manner they think best in the circumstances.
Propose a changeIt is a function of OFCOM to provide a service consisting in the giving of advice and assistance to persons complaining of interference with wireless telegraphy.
Propose a change(1) The Secretary of State may by order give general or specific directions to OFCOM about the carrying out by them of their radio spectrum functions. (2) An order under this section may require OFCOM to secure that such frequencies of the electromagnetic spectrum as may be specified in the order are kept available or become available— (a) for such uses or descriptions of uses, or (b) for such users or descriptions of users, as may be so specified. (3) An order under this section may require OFCOM to exercise their powers under the provisions mentioned in subsection (4)— (a) in such cases, (b) in such manner, (c) subject to such restrictions and constraints, and (d) with a view to achieving such purposes, as may be specified in, or determined by the Secretary of State in accordance with, the order. (4) The provisions are— (a) section 8(3); (b) sections 12 to 14; and (c) sections 21 to 23. (5) This section does not restrict the Secretary of State's power under section 5 of the Communications Act 2003 (c. 21) (directions in respect of networks and spectrum functions).
Propose a change(1) An order under section 5 must state the purpose for which a direction is given, unless it falls within section 5(2) or (3). (2) Before making an order under section 5, the Secretary of State must consult— (a) OFCOM; and (b) such other persons as he thinks fit. (3) Subsection (2) does not apply where the Secretary of State considers that the urgency of the case makes it inexpedient to consult before making the order. (3A) Before making an order under section 5, the Secretary of State must take due account of the desirability of not favouring— (a) one form of electronic communications network, electronic communications service or associated facility, or (b) one means of providing or making available such a network, service or facility, over another. (4) No order is to be made under section 5 unless a draft of the order has been laid before Parliament and approved by a resolution of each House. (5) But subsection (4) does not apply where— (a) before or in the course of the consultation required by subsection (2), or (b) after the consultation and before or after a draft of the order has been laid before Parliament, the Secretary of State considers that the urgency of the case is or has become such that he should make the order straight away. (6) Where under subsection (5) the Secretary of State makes an order under section 5 without a draft of the order having been approved, the order ceases to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament. (7) For the purposes of subsection (6)— (a) the order's ceasing to have effect is without prejudice to anything previously done, or to the making of a new order; and (b) in reckoning the period of forty days no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
Propose a change(1) This section applies where OFCOM, in the exercise of their radio spectrum functions, have reserved frequencies for the broadcasting of television programmes. (2) OFCOM must, in carrying out those functions, exercise their powers so as to secure, so far as practicable, that the requirement in subsection (3) is satisfied. (3) The requirement is that sufficient capacity is made available on the reserved frequencies for ensuring, in the case of every licensed television multiplex service, that the qualifying services are broadcast by means of that multiplex service. (4) “Licensed television multiplex service” means a television multiplex service the provision of which is authorised by a licence under Part 1 of the Broadcasting Act 1996 (c. 55). (5) “Qualifying service” and “television multiplex service” each has the same meaning as in Part 3 of the Communications Act 2003 (c. 21).
Propose a change(1) It is unlawful— (a) to establish or use a wireless telegraphy station, or (b) to instal or use wireless telegraphy apparatus, except under and in accordance with a licence (a “wireless telegraphy licence”) granted under this section by OFCOM. (2) Subsection (1) does not apply to— (a) the use of a television receiver (within the meaning of Part 4 of the Communications Act 2003) for receiving a television programme; or (b) the installation of a television receiver for use solely for that purpose. (3) OFCOM may by regulations exempt from subsection (1) the establishment, installation or use of wireless telegraphy stations or wireless telegraphy apparatus of such classes or descriptions as may be specified in the regulations, either absolutely or subject to such terms, provisions and limitations as may be so specified. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) Terms, provisions and limitations specified in regulations under subsection (3) must be— (a) objectively justifiable in relation to the wireless telegraphy stations or wireless telegraphy apparatus to which they relate, (b) not such as to discriminate unduly against particular persons or against a particular description of persons, (c) proportionate to what they are intended to achieve, and (d) in relation to what they are intended to achieve, transparent. (4) If OFCOM are satisfied that the conditions in subsection (5) are satisfied as respects the use of stations or apparatus of a particular description, they must make regulations under subsection (3) exempting the establishment, installation and use of a station or apparatus of that description from subsection (1). (5) The conditions are that the use of stations or apparatus of that description is not likely to — (a) involve undue interference with wireless telegraphy; (b) have an adverse effect on technical quality of service; (c) lead to inefficient use of the part of the electromagnetic spectrum available for wireless telegraphy; (ca) inhibit the development of effective arrangements for the sharing of frequencies; (d) endanger safety of life; (e) prejudice the promotion of social, regional or territorial cohesion; or (f) prejudice the promotion of cultural and linguistic diversity and media pluralism.
Propose a change(1) Subsection (2) applies in respect of a wireless telegraphy licence where— (a) the licence is granted for a period of 10 years or more; and (b) the rights and obligations under it may not be transferred to another person. (2) OFCOMmust, at such intervals as they consider appropriate, or at the reasonable request of the holder of the licence— (a) review whether the conditions in section 8(5) are met in relation to the use of a wireless telegraphy station or wireless telegraphy apparatus under the licence, and (b) if the conditions are met, make regulations under section 8(3) exempting the establishment, installation or use of stations or apparatus of that description from section 8(1). (3) The first review under this section, and the making of any regulations under section 8(3) in consequence of the review, must be completed on or before 19 December 2011.
Propose a change(1) OFCOM may not grant an exclusive licence unless a condition in subsection (2) is met. (2) Those conditions are— (a) that it is necessary to grant an exclusive licence in order to protect safety of life services, or (b) that there are other exceptional circumstances which, in OFCOM'sopinion, justify the grant of an exclusive licence in order to ensure a general interest objective. (3) The general interest objectives are— (a) safety of life; (b) the promotion of social, regional or territorial cohesion; (c) avoidance of inefficient use of frequencies; (d) the promotion of cultural and linguistic diversity and media pluralism; (e) fulfilment of a requirement under the ITU Radio Regulations. (4) In subsection (3) “the ITU Radio Regulations” means the radio regulations of the International Telecommunication Union. (5) If OFCOMgrant an exclusive licence they must— (a) at such intervals as they consider appropriate, review whether a condition in subsection (2) continues to be met, and (b) publish the outcome of the review in such manner as they think fit. (6) In this section and section 8C, “exclusive licence” means a wireless telegraphy licence which includes a term conferring exclusive rights on the holder to use a frequency specified in the licence (throughout the United Kingdom or in a specified part of the United Kingdom).
Propose a change(1) This section applies where— (a) OFCOM propose to grant an exclusive licence, and (b) they think that the grant of the licence would have a significant impact on a market for the use of the electromagnetic spectrum for wireless telegraphy in relation to which OFCOM have functions under the enactments relating to the management of the radio spectrum. (2) Before granting the licence OFCOM must publish, in such manner as they think fit, notice of their intention to grant the licence. (3) The notice must specify— (a) OFCOM's reasons for proposing to grant an exclusive licence, and (b) the period within which representations may be made to OFCOM. (4) The period specified under subsection (3)(b) may not be less than 30 days beginning with the day on which the notice is published.
Propose a change(1) A wireless telegraphy licence may be granted subject to such terms, provisions and limitations as OFCOM think fit. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In the case of a licence to establish a station, the limitations may, in particular, include limitations as to— (a) the position and nature of the station; (b) the purpose for which, the circumstances in which and the persons by whom the station may be used; (c) the apparatus that may be installed or used in the station. (3) In the case of any other licence, the limitations may, in particular, include limitations as to— (a) the apparatus that may be installed or used; (b) the places where, the purposes for which, the circumstances in which and the persons by whom the apparatus may be used. (4) The terms, provisions and limitations may also include, in particular— (a) terms, provisions and limitations as to strength or type of signal, as to times of use and as to the sharing of frequencies; (b) terms, provisions or limitations imposing prohibitions on the transmission or broadcasting of particular matters by the holder of the licence; (c) terms or provisions requiring the transmission or broadcasting of particular matters by that person. (ca) terms or provisions requiring the holder of the licence to enter into wholesale roaming access agreements in specified circumstances on terms specified or described in the licence; (d) terms, provisions or limitations requiring a satellite uplinker to suspend or cease uplinking, by means of satellite uplink apparatus, a service named by OFCOM in a notice given to the satellite uplinker under section 9A; (e) terms or provisions requiring a satellite uplinker to provide OFCOMwith such information necessary for the purpose of determining whether section 9A applies in relation to a service uplinked by the satellite uplinker or for any purpose connected with the giving of a notice under section 9A as OFCOM may request by a notice in writing. (5) A wireless telegraphy licence may be granted— (a) in relation to a particular station or particular apparatus; or (b) in relation to any station or apparatus falling within a description specified in the licence; and such a description may be expressed by reference to such factors (including factors confined to the manner in which it is established, installed or used) as OFCOM think fit. (6) The terms, provisions and limitations of a wireless telegraphy licence granted to a person must not duplicate obligations already imposed on him by general conditions set under section 45 of the Communications Act 2003 (c. 21) (power of OFCOM to set conditions in relation to electronic communications networks and services). (7) In imposing terms, provisions or limitations on a wireless telegraphy licence, OFCOM may impose only those that they are satisfied are— (a) objectively justifiable in relation to the networks and services to which they relate; (b) not such as to discriminate unduly against particular persons or against a particular description of persons; (c) proportionate to what they are intended to achieve; and (d) in relation to what they are intended to achieve, transparent. (7A) In this section “wholesale roaming access agreement”, in relation to the holder of a wireless telegraphy licence, means an agreement between the holder and the provider of a public electronic communications service that depends on the use of wireless telegraphy (“the roaming provider”) for the purpose of enabling public electronic communications services to be provided to the customers of the roaming provider in all or part of the area to which the licence relates. (8) This section has effect subject tosection 9ZA and to regulations under section 14.
Propose a change(1) OFCOM may grant a wireless telegraphy licence subject to a limitation on the nature of a station that may be established or used, or the apparatus that may be installed or used, only if the limitation is necessary for a purpose specified in subsection (2). (2) Those purposes are— (a) avoiding undue interference with wireless telegraphy; (b) the protection of public health against electromagnetic fields; (c) ensuring technical quality of service; (d) ensuring maximisation of frequency sharing; (e) safeguarding the efficient management and use of the part of the electromagnetic spectrum available for wireless telegraphy; (f) ensuring the fulfilment of a general interest objective. (3) OFCOM may grant a wireless telegraphy licence incorporating a provision requiring the use of a specified frequency for the activity authorised by the licence only if the requirement is imposed in order to ensure the fulfilment of a general interest objective. (4) In this section “general interest objective” has the meaning given by section 8B(3). (5) Subsection (6) applies where OFCOM think that the imposition of a limitation or provision within subsection (1) or (3) in relation to a wireless telegraphy licence would have a significant impact on a market for the use of the electromagnetic spectrum for wireless telegraphy in relation to which OFCOM have functions under the enactments relating to the management of the radio spectrum. (6) Before deciding whether to impose the limitation or provision, OFCO OFCOM must consult the applicant for the licence and must take any representations into account. (7) If OFCOM have imposed limitations or provisions under subsection (1) or (3) in relation to a wireless telegraphy licence, they must, at such intervals as they consider appropriate— (a) review whether those limitations or provisions are necessary, and (b) publish the outcome of the review in such manner as they think fit. (8) But subsection (7) does not apply to a provision requiring the use of a specified frequency for the activity authorised by the licence where the licence holder has an opportunity to ask for a different frequency to be specified.
Propose a change(1) This section applies where OFCOM have imposed limitations or provisions of a kind falling within section 9ZA(1) or (3) in relation to a wireless telegraphy licence granted on or before 25 May 2011. (2) As soon as reasonably practicable after 26 May 2016, OF OFCOM must review such limitations or provisions with a view to determining whether, if the licence had been granted after 25 May 2011, section 9ZA would have prevented OFCOM from imposing the limitation or provision. (3) If OFCOM concludes that section 9ZA would have prevented the imposition of a limitation or provision, it must vary the licence in order to remove the limitation or provision. (4) This section does not apply in relation to a provision requiring the use of a specified frequency for the activity authorised by the licence where the licence holder has an opportunity to ask for a different frequency to be specified.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) OFCOM may give a notice in writing under this section to a satellite uplinker in relation to a relevant regulated television service if OFCOM are satisfied that the service is provided— (a) in contravention of a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996; or (b) otherwise than pursuant to such a licence. (3) OFCOM may give a notice in writing under this section to a satellite uplinker in relation to an on-demand programme service , or a non-UK on-demand programme service that is a Tier 1 service, if OFCOM are satisfied that the service is provided — (a) in contravention of a requirement of Part 4A of the Communications Act 2003; or (b) otherwise than pursuant to a notification under section 368BA of the Communications Act 2003. (4) Where a notice is given to a satellite uplinker under subsection (2)(a) or (3)(a) the notice must— (a) name the service; (b) specify the reasons why OFCOM consider that subsection (2)(a) or (3) (a) is satisfied; and (c) specify— (i) the date by which the satellite uplinker must cease the uplinking of the service; or (ii) a period during which the satellite uplinker must suspend the uplinking of the service. (5) Where a notice is given to a satellite uplinker under subsection (2)(b)or (3)(b) the notice must— (a) name the service; and (b) specify— (i) the date by which the satellite uplinker must cease the uplinking of the service; or (ii) a period during which the satellite uplinker must suspend the uplinking of the service. (6) In this section— “relevant regulated television service” has the same meaning as in section 13 of the Broadcasting Act 1990; “on-demand programme service , “non-UK on-demand programme service” and “Tier 1 service” each has the same meaning as in the Communications Act 2003 (see sections 368A, 368AA and 368HA of that Act).
Propose a changeSchedule 1 (which makes provision about the grant, revocation and variation of wireless telegraphy licences) has effect.
Propose a change(1) Where a wireless telegraphy licence has expired or has been revoked, it is the duty of— (a) the person to whom the licence was granted, and (b) any other person in whose possession or under whose control the licence may be, to cause it to be surrendered to OFCOM if required by them to do so. (2) Subsection (1) does not apply to a licence that relates solely to receiving apparatus. (3) A person commits an offence if— (a) he has a duty under subsection (1) to cause a wireless telegraphy licence to be surrendered to OFCOM; and (b) without reasonable excuse he fails or refuses to do so. (4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Propose a change(1) A person to whom a wireless telegraphy licence is granted must pay to OFCOM — (a) on the grant of the licence, and (b) if regulations made by OFCOM so provide, subsequently at such times during its term and such times in respect of its variation or revocation as may be prescribed by the regulations, the sums described in subsection (2). (2) The sums are— (a) such sums as OFCOM may prescribe by regulations, or (b) if regulations made by OFCOM so provide, such sums (whether on the grant of the licence or subsequently) as OFCOM may determine in the particular case. (3) Regulations under this section may— (a) confer exemptions from provisions of the regulations in particular cases; and (b) provide for sums paid to be refunded, in whole or in part, in such cases as may be specified in the regulations or in such cases as OFCOM think fit. (4) On the grant of a licence in respect of which sums will or may subsequently become payable under regulations under this section, OFCOM may require such security to be given, by way of deposit or otherwise, for the payment of those sums as they think fit. (5) Regulations under this section do not apply in relation to a licence granted in accordance with regulations under section 14, but this is subject to subsection (6). (6) Regulations under or for the purposes of subsection (1)(b), so far as it relates to payments during the term of a licence, may be made so as to apply in relation to a licence granted in accordance with regulations under section 14, but only in the following cases— (a) where provision included in the licence with the consent of the holder of the licence provides for the regulations to apply; (b) where the licence includes terms restricting the exercise by OFCOM of their power to revoke the licence before the end of a period and that period has expired; (c) where the licence would, but for a variation, have ceased to have effect at the end of a period and that period has expired; (d) where the licence is a surrendered-spectrum licence. (7) Provision may not be made by virtue of subsection (6)(c) or (d) without the consent of the Secretary of State. (8) A wireless telegraphy licence is a “surrendered-spectrum licence” if — (a) it is granted under arrangements involving (before the grant or later) the variation, revocation or expiry of another wireless telegraphy licence; (b) the arrangements are with a view to enabling the holder of that other licence to comply with a limit applying to frequencies in respect of which a person may hold licences; and (c) it authorises the use after that variation, revocation or expiry of a frequency whose use until then was or is authorised by that other licence. (9) In relation to a surrendered-spectrum licence there may be more than one such other licence (“predecessor licence”) and a licence may be a predecessor licence to more than one surrendered-spectrum licence.
Propose a change(1) This section applies where OFCOM exercise a power under section 12 to prescribe sums payable in respect of wireless telegraphy licences, other than a power to prescribe sums payable where a licence is varied or revoked at the request or with the consent of the holder of the licence. (2) OFCOM may, if they think fit in the light (in particular) of the matters to which they must have regard under section 3, prescribe sums greater than those necessary to recover costs incurred by them in connection with their radio spectrum functions. (3) “Prescribe” means prescribe by regulations or determine in accordance with regulations.
Propose a change(1) Having regard to the desirability of promoting the optimal use of the electromagnetic spectrum, OFCOM may by regulations provide that, in such cases as may be specified in the regulations, applications for wireless telegraphy licences must be made in accordance with a procedure that involves the making by the applicant of a bid specifying an amount that he is willing to pay to OFCOM in respect of the licence. (2) The regulations may make provision with respect to— (a) the grant of the licences to which they apply; and (b) the terms, provisions and limitations subject to which such licences are granted. (3) The regulations may, in particular— (a) require the applicant's bid to specify the amount he is willing to pay; (b) require that amount to be expressed— (i) as a cash sum; (ii) as a sum determined by reference to a variable (such as income attributable wholly or in part to the holding of the licence); (iii) as a combination of the two; or (iv) (at the applicant's choice) in any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations; (c) require that amount to be expressed in terms of— (i) the making of a single payment; (ii) the making of periodic payments; (iii) a combination of the two; or (iv) (at the applicant's choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations; (d) specify requirements (for example, technical or financial requirements, requirements relating to fitness to hold the licence and requirements intended to restrict the holding of two or more wireless telegraphy licences by any one person) which must be met by applicants for a licence; (e) require an applicant to pay a deposit to OFCOM; (f) specify circumstances in which a deposit is, or is not, to be refundable; (g) specify matters to be taken into account by OFCOM (in addition to the bids made in accordance with the procedure provided for in the regulations) in deciding whether, or to whom, to grant a licence; (h) specify the other terms, provisions and limitations subject to which a licence to which the regulations apply is to be granted (but this is subject to subsection (3A)); (i) make any provision referred to in section 12(3). (3A) If a provision of section 8B ... or 9ZA would prevent OFCOM from specifying a term, provision or limitation on the grant of a wireless telegraphy licence, regulations may not specify the term, provision or limitation. (3B) OFCOM must satisfy themselves, in making regulations specifying criteria to be taken into account in deciding whether, or to whom, to grant a licence, that the criteria are— (a) objectively justifiable in relation to the frequencies or uses to which they relate, (b) not such as to discriminate unduly against particular persons or against a particular description of persons, (c) proportionate to what they are intended to achieve, and (d) in relation to what they are intended to achieve, transparent. (3C) In exercising their power to make regulations under this section, OFCOM must consider whether, if they were to specify under subsection (3)(h) a term, provision or limitation requiring a specified level of use of any station, apparatus or frequency to which the licence relates, they would by doing so promote the optimal use of the electromagnetic spectrum. (4) Regulations do not require OFCOM to grant a wireless telegraphy licence on the completion of the procedure provided for in the regulations, except in such circumstances as may be provided for in the regulations. (5) A wireless telegraphy licence granted in accordance with the regulations must specify— (a) the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the licence; or (b) the method for determining that sum or those sums; and that sum or those sums must , subject to subsection (5A), be paid to OFCOM by the person to whom the licence is granted in accordance with the terms of the licence. (5A) The regulations may, with the consent of the Secretary of State, make provision permitting or requiring a surrendered-spectrum licence to which the regulations apply to include— (a) provision requiring all or part of a sum that would otherwise be payable to OFCOM under subsection (5) to be paid to a person who was or is the holder of a predecessor licence; (b) provision requiring a sum in addition to that payable to OFCOM under subsection (5) to be paid to such a person; (c) provision specifying any such sum or part or the method for determining it. (6) In determining the sum or sums payable in respect of a wireless telegraphy licence, regard may be had to bids made for other wireless telegraphy licences and for grants of recognised spectrum access. (7) The regulations may provide that where a person— (a) applies for a licence in accordance with a procedure provided for in the regulations, but (b) subsequently refuses the licence applied for, that person must make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the licence. (8) Section 12(4) applies in relation to sums that will or may become payable under regulations under this section after the grant of a wireless telegraphy licence as it applies in relation to sums that will or may become payable under regulations under section 12. (9) In subsection (5A) “surrendered-spectrum licence” and “predecessor licence” have the meaning given by section 12(8) and (9).
Propose a change(1) This section applies in the case of a sum which is to be paid to OFCOM— (a) under any provision of sections 12 to 14; (b) in pursuance of any provision of any regulations under those sections; or (c) because of any terms contained as a result of those sections in a wireless telegraphy licence. (2) The sum must be paid to OFCOM as soon as it becomes due in accordance with that provision or those terms and, if it is not paid, it is to be recoverable by them accordingly.
Propose a change(1) In its application to the powers of OFCOM to make regulations under sections 12 to 14, section 122 is subject to the following provisions of this section. (2) Subsections (4) to (6) of section 122 do not apply in any case in which it appears to OFCOM that by reason of the urgency of the matter it is inexpedient to publish a notice in accordance with section 122(4)(b). (3) Subsections (4) to (6) of section 122 do not apply in the case of any regulations under section 14 modifying previous regulations under section 14 in a case not falling within subsection (2) of this section, if it appears to OFCOM— (a) that the modifications would not adversely affect the interests of any person or otherwise put him in a worse position or, as regards someone else, put him at a disadvantage; and (b) in so far as the modifications affect a procedure that has already begun, that no person would have acted differently had the modifications come into force before the procedure began.
Propose a changeReferences in sections 12 to 16 to the grant of a wireless telegraphy licence include references to the grant of a licence by way of renewal of a previous licence.
Propose a change(1) This section applies where— (a) a person is proposing to use or to continue to use a wireless telegraphy station or wireless telegraphy apparatus; (b) the circumstances of the use are circumstances specified for the purposes of this section in regulations made by OFCOM; (c) that use does not require a wireless telegraphy licence but will involve the emission of electromagnetic energy with a view to the reception of anything at places in the United Kingdom or in UK territorial sea. (2) For the purposes of this section it is immaterial whether the emissions are from a place within the United Kingdom or from a place outside the United Kingdom. (3) On an application by that person, OFCOM may make a grant of recognised spectrum access in respect of any use by him of anything for wireless telegraphy that is specified in the grant. (4) A grant of recognised spectrum access made to a person shall set out, by reference to such factors as OFCOMthink fit (including, so far as they think fit, frequencies, times and places of reception and strength and type of signal), the respects in which the use of anything by that person for wireless telegraphy is recognised by the grant. (5) A grant of recognised spectrum access to a person is made by giving him a notification containing the grant. (6) A grant of recognised spectrum access may be made subject to such restrictions and conditions as OFCOMthink fit, including, in particular, restrictions or conditions as to strength or type of signal, as to times of use and as to the sharing of frequencies. (7) The restrictions and conditions of a grant of recognised spectrum access made to a person must not duplicate obligations already imposed on him by general conditions set under section 45 of the Communications Act 2003 (c. 21) (power of OFCOM to set conditions in relation to electronic communications networks and services). (8) Where a grant of recognised spectrum access is made subject to restrictions and conditions, the restrictions and conditions must be set out in the notification by which the grant is made.
Propose a changeSchedule 2 (which makes provision about the making, revocation and modification of grants of recognised spectrum access) has effect.
Propose a change(1) This section applies to— (a) OFCOM's functions under sections 8 and 9 with respect to the granting of wireless telegraphy licences; (b) their functions under section 18 with respect to the making of grants of recognised spectrum access; and (c) any of their other radio spectrum functions in the carrying out of which it is appropriate for them to have regard to— (i) whether wireless telegraphy licences are in force, or (ii) the terms, provisions or limitations of wireless telegraphy licences that are in force. (2) In carrying out those functions, OFCOM must take into account— (a) the existence of any grant of recognised spectrum access that is in force, and (b) the provisions imposing the restrictions and conditions subject to which such a grant has effect, to the same extent as they would take into account a wireless telegraphy licence with terms, provisions or limitations making equivalent provision.
Propose a change(1) A person to whom a grant of recognised spectrum access is made must pay to OFCOM— (a) on the making of the grant, and (b) if regulations made by OFCOM so provide, subsequently at such times during its term and such times in respect of its modification or revocation as may be prescribed by the regulations, the sums described in subsection (2). (2) The sums are— (a) such sums as OFCOMOM may prescribe by regulations, or (b) if regulations made by OFCOM so provide, such sums (whether on the making of the grant or subsequently) as OFCOM may determine in the particular case. (3) Regulations under this section may— (a) confer exemptions from provisions of the regulations in particular cases; and (b) provide for sums paid to be refunded, in whole or in part, in such cases as may be specified in the regulations or in such cases as OFCOM think fit. (4) On the making of a grant of recognised spectrum access in respect of which sums will or may subsequently become payable under regulations under this section, OFCOM may require such security to be given, by way of deposit or otherwise, for the payment of those sums as they think fit. (5) Regulations under this section do not apply in relation to a grant of recognised spectrum access made in accordance with regulations under section 23.
Propose a change(1) This section applies where OFCOM exercise a power under section 21 to prescribe sums payable in respect of grants of recognised spectrum access, other than a power to prescribe sums payable where a grant is modified or revoked at the request or with the consent of the holder of the grant. (2) OFCOM may, if they think fit in the light (in particular) of the matters to which they must have regard under section 3, prescribe sums greater than those necessary to recover costs incurred by them in connection with their radio spectrum functions. (3) “Prescribe” means prescribe by regulations or determine in accordance with regulations.
Propose a change(1) Having regard to the desirability of promoting the optimal use of the electromagnetic spectrum, OFCOM may by regulations provide that, in such cases as may be specified in the regulations, applications for grants of recognised spectrum access must be made in accordance with a procedure that involves the making by the applicant of a bid specifying an amount that he is willing to pay to OFCOM in respect of the grant. (2) The regulations may make provision with respect to— (a) the grants to which they apply; and (b) the restrictions and conditions subject to which such grants are made. (3) The regulations may, in particular— (a) require the applicant's bid to specify the amount he is willing to pay; (b) require that amount to be expressed— (i) as a cash sum; (ii) as a sum determined by reference to a variable (such as income attributable wholly or in part to the use of wireless telegraphy to which the grant relates); (iii) as a combination of the two; or (iv) (at the applicant's choice) in any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations; (c) require that amount to be expressed in terms of— (i) the making of a single payment; (ii) the making of periodic payments; (iii) a combination of the two; or (iv) (at the applicant's choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations; (d) specify requirements (for example, technical or financial requirements, requirements relating to the use of wireless telegraphy to which the grant relates and requirements intended to restrict the holding of two or more grants of recognised spectrum access by any one person) which must be met by applicants for a grant; (e) require an applicant to pay a deposit to OFCOM; (f) specify circumstances in which a deposit is, or is not, to be refundable; (g) specify matters to be taken into account by OFCOM (in addition to the bids made in accordance with the procedure provided for in the regulations) in deciding whether, or to whom, to make a grant of recognised spectrum access; (h) specify the other restrictions and conditions require an applicant to pay a deposit to OFCOM subject to which a grant to which the regulations apply is to be made; (i) make any provision referred to in section 21(3). (4) Regulations do not require OFCOM to make a grant of recognised spectrum access on the completion of the procedure provided for in the regulations, except in such circumstances as may be provided for in the regulations. (5) A grant of recognised spectrum access made in accordance with the regulations must specify— (a) the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the grant; or (b) the method for determining that sum or those sums; and that sum or those sums must be paid to OFCOM by the person to whom the grant is made in accordance with the terms of the grant. (6) In determining the sum or sums payable in respect of a grant, regard may be had to bids made for other grants of recognised spectrum access and for wireless telegraphy licences. (7) The regulations may provide that where a person— (a) applies for a grant of recognised spectrum access in accordance with a procedure provided for in the regulations, but (b) subsequently refuses the grant applied for, that person must make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the grant. (8) Section 21(4) applies in relation to sums that will or may become payable under regulations under this section after the making of a grant of recognised spectrum access as it applies in relation to sums that will or may become payable under regulations under section 21.
Propose a change(1) This section applies in the case of a sum which is to be paid to OFCOM — (a) under any provision of sections 21 to 23; (b) in pursuance of any provision of any regulations under those sections; or (c) because of any conditions contained as a result of those sections in a grant of recognised spectrum access. (2) The sum must be paid to OFCOM as soon as it becomes due in accordance with that provision or those conditions and, if it is not paid, it is to be recoverable by them accordingly.
Propose a change(1) In its application to the powers of OFCOM to make regulations under sections 21 to 23, section 122 is subject to the following provisions of this section. (2) Subsections (4) to (6) of section 122 do not apply in any case in which it appears to OFCOM that by reason of the urgency of the matter it is inexpedient to publish a notice in accordance with section 122(4)(b). (3) Subsections (4) to (6) of section 122 do not apply in the case of any regulations under section 23 modifying previous regulations under section 23 in a case not falling within subsection (2) of this section, if it appears to OFCOM — (a) that the modifications would not adversely affect the interests of any person or otherwise put him in a worse position or, as regards someone else, put him at a disadvantage; and (b) in so far as the modifications affect a procedure that has already begun, that no person would have acted differently had the modifications come into force before the procedure began.
Propose a changeReferences in sections 21 to 25 to the making of a grant of recognised spectrum access include references to the making of a grant by way of renewal of a previous grant.
Propose a changeOFCOM may by regulations make provision for— (a) the conversion, on the application of the licence holder, of a wireless telegraphy licence into a grant of recognised spectrum access; and (b) the conversion, on the application of the holder of the grant, of a grant of recognised spectrum access into a wireless telegraphy licence.
Propose a change(1) The Secretary of State may, out of money provided by Parliament, make payments to OFCOMof such amounts as he considers appropriate in respect of— (a) the establishment and use, by or on behalf of the Crown, of a wireless telegraphy station; (b) the installation and use, by or on behalf of the Crown, of wireless telegraphy apparatus; (c) any grant of recognised spectrum access made to the Crown. (2) The payments made under this section are to be made— (a) at such times, and (b) so far as made in relation to use, in relation to such periods, as the Secretary of State considers appropriate.
Propose a change(1) If they consider it appropriate to impose limitations on the use of particular frequencies for the purpose of securing the efficient use of the electromagnetic spectrum, OFCOM must make an order imposing the limitations. (2) An order under this section may do one or both of the following— (a) specify frequencies for the use of which OFCOM will grant or make only a limited number of wireless telegraphy licences and grants of recognised spectrum access; or (b) specify uses for which, on specified frequencies, OFCOM will grant or make only a limited number of wireless telegraphy licences and grants of recognised spectrum access. (3) Where OFCOM make an order under this section, it must set out the criteria which OFCOM will apply in determining in accordance with the order— (a) the limit on the number of wireless telegraphy licences and grants of recognised spectrum access to be granted or made for the specified frequencies or uses; (b) the persons to whom licences will be granted or grants of recognised spectrum access made. (4) OFCOM must satisfy themselves that any criteria set out as a result of subsection (3) are— (a) objectively justifiable in relation to the frequencies or uses to which they relate; (b) not such as to discriminate unduly against particular persons or against a particular description of persons; (c) proportionate to what they are intended to achieve; and (d) in relation to what they are intended to achieve, transparent. (5) OFCOM must exercise— (a) their powers under Chapter 1 of this Part with respect to wireless telegraphy licences, and (b) their powers under Chapter 2 of this Part with respect to grants of recognised spectrum access, in accordance with the orders for the time being in force under this section. (6) OFCOM must keep under review any order for the time being in force under this section. (7) OFCOM must make an order revoking or amending the provisions of an order under this section if, on reviewing it, they consider it necessary to do so for the purpose of securing the efficient use of the electromagnetic spectrum. (8) An order under this section may make provision by reference to determinations which— (a) are made from time to time by OFCOM in accordance with the provisions of such an order; and (b) are published by them from time to time in such manner as may be provided for in such an order.
Propose a change(1) OFCOM may by regulations authorise the transfer to another person by— (a) the holder of a wireless telegraphy licence, or (b) the holder of a grant of recognised spectrum access, of rights and obligations arising as a result of such a licence or grant. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The transfers that may be so authorised are— (a) transfers of all or any of the rights and obligations under a licence or grant such that the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer; (b) transfers of all or any of those rights and obligations such that the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer; and (c) transfers falling within either of paragraphs (a) and (b) under which the rights and obligations that are acquired by the transferee take effect— (i) if they are rights and obligations under a wireless telegraphy licence, as rights and obligations under a grant of recognised spectrum access; and (ii) if they are rights and obligations under a grant of recognised spectrum access, as rights and obligations under a wireless telegraphy licence. (3) Regulations authorising the transfer of rights and obligations under a wireless telegraphy licence or a grant of recognised spectrum access may— (a) authorise a partial transfer— (i) to be made by reference to such factors and apportionments, and (ii) to have effect in relation to such matters and periods, as may be described in, or determined in accordance with, the regulations; (b) by reference to such factors (including the terms and conditions of the licence or grant in question) as may be specified in or determined in accordance with the regulations, restrict the circumstances in which, the extent to which and the manner in which a transfer may be made; (c) require the approval or consent of OFCOM for the making of a transfer; (d) provide for a transfer to be effected by the surrender of a wireless telegraphy licence or grant of recognised spectrum access and the grant or making of a new one in respect of the transfer, or in any other way; (e) confer power on OFCOM to direct that a transfer must not be made, or is to be made only after compliance with such conditions as OFCOM may impose in accordance with the regulations; (f) authorise OFCOM to require the payment to them of such sums as may be determined by or in accordance with the regulations— (i) in respect of determinations made by OFCOM for the purposes of the regulations, or (ii) in respect of an approval or consent given for those purposes; (g) make provision for the giving of security (whether by the giving of deposits or otherwise) in respect of sums payable in pursuance of any regulations under this section; (h) make provision as to the circumstances in which security given under such regulations is to be returned or may be retained; (i) impose requirements, of a kind specified in the regulations, as to the procedure to be followed for a transfer and, in particular, as to the notification about a transfer falling within subsection (2)(b) that must be given to OFCOM , both in advance of its being made and afterwards; (j) impose requirements as to the records to be kept in connection with any transfer, and as to the persons to whom such records are to be made available; (k) set out the matters to be taken into account in the making of determinations under regulations under this section. (3A) Regulations must make provision as to the notification about a transfer falling within subsection (2)(a) which is to be given to OFCOM and published, both in advance of the transfer being made and afterwards. (4) The transfer of rights and obligations under a wireless telegraphy licence or grant of recognised spectrum access is void except to the extent that it is made— (a) in accordance with regulations under this section; or (b) in accordance with a provision falling within subsection (5). (5) The provision is one which— (a) is contained in a wireless telegraphy licence ... (b) allows the holder of the licence to confer the benefit of the licence on another in respect of any station or apparatus to which the licence relates. (6) A transfer is also void if it is made in contravention of a direction given by OFCOMin exercise of a power conferred by regulations under this section.
Propose a change(1) OFCOM must exercise the powers mentioned in subsection (2) in such a way as to ensure that, except in the cases excluded by subsection (4), the holder of a wireless telegraphy licence can do at least one of the following— (a) confer the benefit of the licence on another person in respect of any station or apparatus to which the licence relates; or (b) transfer to another person rights and obligations arising as a result of the licence. (2) The powers are— (a) their power under section 9 to impose terms, provisions and limitations on a wireless telegraphy licence; and (b) their power to make regulations under section 30. (3) OFCOM must exercise their powers to make regulations under section 30 so as to authorise the transfer to another person by the holder of a grant of recognised spectrum access of rights and obligations arising as a result of such a grant, except in the cases excluded by subsection (5). (4) The duty in subsection (1) does not apply where— (a) no charge was payable to OFCOM on the grant of the licence; (b) the licence contains terms, provisions or limitations as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services; (c) the duration of the licence does not exceed 12 months; (d) the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes; (e) the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or (f) the licence relates to frequencies that are not subject to individual frequency planning or co-ordination. (5) The duty in subsection (3) does not apply where— (a) no charge was payable to OFCOM on the making of the grant of recognised spectrum access; (b) the grant contains restrictions or conditions as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services; (c) the duration of the grant does not exceed 12 months; (d) the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes; (e) the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or (f) the grant relates to frequencies that are not subject to individual frequency planning or co-ordination. (6) In subsections (4)(b) and (5)(b) “relevant television or radio services” means— (a) services provided under the authority of a licence under the Broadcasting Act 1990 or the Broadcasting Act 1996; (b) sound broadcasting services (as defined by section 126(1) of the Broadcasting Act 1990) provided by the British Broadcasting Corporation; (c) television multiplex services (as defined by section 241 of the Communications Act 2003) for which a licence under Part 1 of the Broadcasting Act 1996 is not required; (d) radio multiplex services (as defined by section 258 of the Communications Act 2003) for which a licence under Part 2 of the Broadcasting Act 1996 is not required; (e) general multiplex services (as defined by section 362(1) of the Communications Act 2003).
Propose a change(1) OFCOM may by regulations make provision for the establishment and maintenance of a register of relevant information. (2) OFCOM may include relevant information in the register if, and only if, it is relevant information of a description prescribed by regulations under this section. (3) Information is relevant information for the purposes of subsection (1) if it relates to— (a) the grant, renewal, transfer, variation or revocation of wireless telegraphy licences; ... (b) the making, renewal, transfer, modification or revocation of grants of recognised spectrum access or (c) the conferring by the holder of a wireless telegraphy licence on another person of the benefit of the licence in respect of any station or apparatus to which the licence relates. (4) Subject to such conditions (including conditions as to payment) as may be prescribed by regulations under this section, a register established by virtue of subsection (1) is to be open to inspection by the public.
Propose a change(1) OFCOM may require a person who is using or has established, installed or used a wireless telegraphy station or wireless telegraphy apparatus to provide OFCOM with all such information relating to— (a) the establishment, installation or use of the station or apparatus, and (b) any related matters, as OFCOM may require for statistical purposes. (2) Subsection (1) has effect subject to the following provisions of this section. (3) OFCOM may not require the provision of information under this section except— (a) by a demand for information that sets out OFCOM's reasons for requiring the information and the statistical purposes for which it is required; and (b) where the making of a demand for that information is proportionate to the use to which the information is to be put in the carrying out of OFCOM's functions. (4) A demand for information required under this section must be contained in a notice given to the person from whom the information is required. (5) A person required to give information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM.
Propose a change