32A Information required for purposes of radio spectrum functions
(1) OFCOM may require a person falling within subsection (2) to provide them with all such information as they consider necessary for the purpose of carrying out their radio spectrum functions.
(2) The persons falling within this subsection are—
(a) a person who is using, or has established, installed or used a wireless telegraphy station or wireless telegraphy apparatus, and
(b) any other person who appears to OFCOM to have information required by them for the purposes of their radio spectrum functions.
(3) The information that may be required by OFCOM under subsection (1) includes, in particular, information that they require to ascertain whether a contravention has occurred of—
(a) a term, provision or limitation specified in regulations under section 8, or
(b) a term, provision or limitation of a wireless telegraphy licence.
(4) A person required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM.
(5) The powers in this section are subject to the limitations in section 32B.
32B Restrictions on imposing information requirements
(1) This section limits the purposes for which, and manner in which, information may be required under section 32A.
(2) OFCOM are not to require the provision of information for the purpose of ascertaining whether a contravention of a term, provision or limitation has occurred or is occurring, unless—
(a) the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint;
(b) the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not the term, provision or limitation in question has been complied with;
(c) the term, provision or limitation in question is one which OFCOM have reason to suspect has been or is being contravened;
(d) the term, provision or limitation in question relates to the effective and efficient use of frequencies; or
(e) the term, provision or limitation in question relates to sums payable to OFCOM in respect of a wireless telegraphy licence.
(3) OFCOM are not to require the provision of information except—
(a) by a demand for the information that describes the required information and sets out OFCOM’s reasons for requiring it; and
(b) where the making of a demand for the 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 must be contained in a notice served on the person from whom the information is required.
32C Notification of contravention of information requirements
(1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 32A, they may give that person a notification under this section.
(2) A notification under this section is one which—
(a) sets out the determination made by OFCOM;
(b) specifies the requirement and contravention in respect of which the determination has been made;
(c) specifies the period during which the person notified has an opportunity to make representations;
(d) specifies information to be provided by the person to OFCOM; and
(e) specifies any penalty which OFCOM are minded to impose in accordance with section 32D.
(3) A notification under this section—
(a) may be given in respect of more than one contravention; and
(b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(4) Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—
(a) the contravention is one occurring after the time of the giving of the earlier notification;
(b) the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
(c) the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
32D Penalties for contravention of information requirements
(1) This section applies where a person is given a notification under section 32C which specifies a proposed penalty.
(2) OFCOM may specify a penalty only if no proceedings for an offence under section 33 have been brought against the person in respect of the contravention.
(3) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.
(4) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.
(5) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
(a) the giving of a confirmation decision under section 32E(4)(c) which requires immediate action; or
(b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
(6) The amount of a penalty under subsection (5) is to be such amount not exceeding £20,000 per day as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the contravention in respect of which it is imposed
(7) The amount of any other penalty specified under this section is to be such amount not exceeding £2 million as OFCOM determine to be both—
(a) appropriate; and
(b) proportionate to the contravention in respect of which it is imposed.
(1) This section applies where—
(a) a person has been given a notification under section 32C;
(b) OFCOM have allowed the person an opportunity to make representations about the matters notified; and
(c) the period allowed for the making of representations has expired.
(2) OFCOM may—
(a) give the person a decision (a “confirmation decision”) confirming the imposition of requirements in accordance with the notification under section 32C; or
(b) inform the person that they are satisfied with the person’s representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a requirement notified under section 32C.
(4) A confirmation decision—
(a) must be given to the person without delay;
(b) must include reasons for the decision;
(c) may require immediate action by the person to comply with a requirement notified under section 32C, or may specify a period within which the person must comply with the requirement; and
(d) may require the person to pay—
(i) the penalty specified in the notification under section 32C, or
(ii) such lesser penalty as OFCOM consider appropriate in the light of the person’s representations or steps taken by the person to comply with the requirement or remedy the consequences of the contravention,
and may specify the period within which the penalty is to be paid.
(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.
(6) That duty is enforceable in civil proceedings by OFCOM —
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or
(c) for any other appropriate remedy or relief.
(7) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM; and
(b) if not paid within the period specified by them, is to be recoverable by them accordingly.
(1) A person commits an offence if he fails to provide information in accordance with a requirement of OFCOM under section 32or 32A.
(2) In proceedings against a person for an offence under subsection (1) it is a defence for the person to show—
(a) that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but
(b) that he has taken all reasonable steps to provide the required information after the end of that period.
(3) A person who commits an offence under subsection (1) is liable on summary conviction to
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(4) A person commits an offence if—
(a) in pursuance of a requirement under section 32or 32A, he provides information that is false in any material particular; and
(b) at the time he provides it, he knows it to be false or is reckless as to whether or not it is false.
(5) A person who commits an offence under subsection (4) is liable on summary conviction to
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
(6) Proceedings for an offence under this section may be brought in respect of a contravention by a person of a requirement imposed under section 32A only if OFCOM have not imposed a financial penalty under sections 32C and 32E in respect of that contravention.
(1) OFCOM must prepare and publish a statement of their general policy with respect to—
(a) the exercise of their powers under sections 32 and 32A; and
(b) the uses to which they are proposing to put information obtained under that section.
(2) OFCOM may from time to time revise that statement as they think fit.
(3) Where OFCOM make a statement under this section (or revise it), they must publish the statement (or the revised statement) in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.
(4) OFCOM must, in exercising their powers under sections 32 and 32A, have regard to the statement for the time being in force under this section.
35 Unauthorised use etc of wireless telegraphy station or apparatus
(1) A person commits an offence if he contravenes section 8.
(2) A person who commits an offence under this section consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3) In the application of subsection (2) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(4) A person who commits an offence under this section consisting in the installation or use of receiving apparatus is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A person who commits an offence under this section other than one falling within subsection (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both.
(6) In the application of subsection (5) to Scotland or Northern Ireland the reference to 51 weeks is to be read as a reference to six months.
(7) In this section “broadcast” has the same meaning as in Part 5.
(1) A person who has a wireless telegraphy station or wireless telegraphy apparatus in his possession or under his control commits an offence if—
(a) he intends to use it in contravention of section 8; or
(b) he knows, or has reasonable cause to believe, that another person intends to use it in contravention of that section.
(2) A person who commits an offence under this section where the relevant contravention of section 8 would constitute an offence to which section 35(2) applies is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3) In the application of subsection (2) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(4) A person who commits an offence under this section in relation to receiving apparatus is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A person who commits an offence under this section other than one falling within subsection (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both.
(6) In the application of subsection (5) to Scotland or Northern Ireland the reference to 51 weeks is to be read as a reference to six months.
37 Allowing premises to be used for unlawful broadcasting
(1) A person who is in charge of premises that are used for unlawful broadcasting commits an offence if—
(a) he knowingly causes or permits the premises to be so used; or
(b) he has reasonable cause to believe that the premises are being so used but fails to take such steps as are reasonable in the circumstances of the case to prevent them from being so used.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3) In the application of subsection (2) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(4) For the purposes of this section a person is in charge of premises if—
(a) he is the owner or occupier of the premises; or
(b) he has, or acts or assists in, the management or control of the premises.
(5) For the purposes of this section premises are used for unlawful broadcasting if they are used—
(a) for making an unlawful broadcast; or
(b) for sending signals for the operation or control of apparatus used for the purpose of making an unlawful broadcast from another place.
(6) For the purposes of this section a broadcast is unlawful if—
(a) it is made by means of the use of a wireless telegraphy station or wireless telegraphy apparatus in contravention of section 8; or
(b) the making of the broadcast contravenes a provision of Part 5.
(7) In this section—
“broadcast” has the same meaning as in Part 5;
“premises” includes any place and, in particular, includes—
a vehicle, ship or aircraft; and
a structure or other object (whether movable or not, and whether on land or not).
(1) This section applies in the case of a broadcasting station from which unauthorised broadcasts are made.
(2) A person commits an offence if—
(a) he participates in the management, financing, operation or day-to-day running of the broadcasting station knowing, or having reasonable cause to believe, that unauthorised broadcasts are made by the station;
(b) he supplies, instals, repairs or maintains wireless telegraphy apparatus or any other item knowing, or having reasonable cause to believe—
(i) that the apparatus or other item is to be, or is, used for the purpose of facilitating the operation or day-to-day running of the broadcasting station, and
(ii) that unauthorised broadcasts are made by the station;
(c) he renders any other service to a person knowing, or having reasonable cause to believe—
(i) that the rendering of the service to the person will facilitate the operation or day-to-day running of the broadcasting station, and
(ii) that unauthorised broadcasts are made by the station;
(d) he supplies a film or sound recording knowing, or having reasonable cause to believe, that an unauthorised broadcast of it is to be made by the broadcasting station;
(e) he makes a literary, dramatic or musical work knowing, or having reasonable cause to believe, that an unauthorised broadcast of it is to be made by the broadcasting station;
(f) he makes an artistic work knowing, or having reasonable cause to believe, that an unauthorised broadcast including that work is to be made by the broadcasting station;
(g) he participates in an unauthorised broadcast made by the broadcasting station knowing, or having reasonable cause to believe, that unauthorised broadcasts are made by the station;
(h) he advertises, or invites another to advertise, by means of an unauthorised broadcast made by the broadcasting station knowing, or having reasonable cause to believe, that unauthorised broadcasts are made by the station;
(i) he publishes the times or other details of unauthorised broadcasts made by the broadcasting station, or (otherwise than by publishing such details) publishes an advertisement of matter calculated to promote the station (whether directly or indirectly), knowing, or having reasonable cause to believe, that unauthorised broadcasts are made by the station.
(3) For the purposes of this section a person participates in a broadcast only if he is actually present—
(a) as an announcer;
(b) as a performer or one of the performers concerned in an entertainment given; or
(c) as the deliverer of a speech.
(4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—
(a) has been supplied by him; or
(b) is provided wholly or partly at his expense.
(5) In proceedings for an offence under this section consisting in supplying a thing or rendering a service, it is a defence for the defendant to prove that he was obliged, under or by virtue of any enactment, to supply the thing or render the service.
(6) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(7) In the application of subsection (6) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(8) In this section—
“broadcast” has the same meaning as in Part 5;
“broadcasting station” means a business or other operation (whether or not in the nature of a commercial venture) that is engaged in the making of broadcasts;
“unauthorised broadcast” means a broadcast made by means of the use of a wireless telegraphy station or wireless telegraphy apparatus in contravention of section 8.
(1) This section applies to proceedings against a person (“the defendant”) for an offence under section 35 consisting in the contravention of—
(a) the terms, provisions or limitations of a wireless telegraphy licence; or
(b) the terms, provisions or limitations of an exemption under section 8(3).
(2) Proceedings to which this section applies are not to be brought unless, before they are brought, OFCOM have—
(a) given the defendant a notification under section 39 in respect of the contravention to which the proceedings relate; and
(b) considered any representations about the matters notified which were made by the defendant within the period allowed under that section.
(3) Proceedings to which this section applies are not to be brought against a person in respect of a contravention if—
(a) it is a contravention to which a notification given to that person under section 39 relates; and
(b) that person has, during the period specified under section 39(2)(c) for making representations , complied with the notified term, provision or limitation.
(4) Subsection (2) does not apply where OFCOM have certified that it would be inappropriate to follow the procedure in section 39 because of an immediate risk of—
(a) a serious threat to the safety of the public, to public health or to national security; or
(b) serious economic or operational problems for persons (other than the defendant) who—
(i) use wireless telegraphy stations or wireless telegraphy apparatus; ...
(ii) are communications providers or make associated facilities available. ;or
(iii) are other users of the radio spectrum.
(5) Where—
(a) proceedings to which this section applies are as a result of subsection (4) brought without a notification having been given to the defendant, and
(b) the defendant is convicted in those proceedings of the offence under section 35,
the court, in determining how to deal with that person, must have regard, in particular, to the matters specified in subsection (6).
(6) The matters are—
(a) whether the defendant has ceased to be in contravention of the terms, provisions or limitations in question and (if so) when; and
(b) any steps taken by the defendant (whether before or after the commencement of the proceedings) for securing compliance with the obligations imposed on him by virtue of those terms, provisions or limitations.
(7) Where—
(a) OFCOM give a notification under section 39 in respect of a contravention, and
(b) that notification is given before the end of six months after the day of the contravention,
the time for the bringing of proceedings for a summary offence in respect of that contravention shall be extended until the end of six months from the end of the period specified under section 39(2)(c).
(8) For further provision about prosecutions see section 107.
42 Special procedure for contraventions by holders of wireless telegraphy licences
(1) OFCOM may impose a penalty on a person if—
(a) that person is or has been in contravention in any respect of the terms, provisions or limitations of a wireless telegraphy licence;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) OFCOM have notified that person that it appears to them that those terms, provisions or limitations have been contravened in that respect; and
(d) that contravention is not one in respect of which proceedings for an offence under this Chapter have been brought against that person.
(2) Where OFCOM impose a penalty on a person under this section, they must—
(a) notify that person of that decision and of their reasons for that decision; and
(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
(3) A penalty imposed under this section—
(a) must be paid to OFCOM; and
(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.
(4) No proceedings for an offence under this Chapter may be commenced against a person in respect of a contravention in respect of which a penalty has been imposed by OFCOM under this section.
(5) A licence is a general multiplex licence, in relation to the time of a contravention, if—
(a) it is a wireless telegraphy licence containing terms, provisions or limitations as a result of which the services for the purposes of which the use of the licensed station or apparatus is authorised are confined to, or are allowed to include, one or more multiplex services; and
(b) at that time, there is no licence under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) in force in respect of a multiplex service to be broadcast using that station or apparatus.
(6) “Multiplex service” means—
(a) a service for broadcasting for general reception consisting in the packaging together of two or more services that are provided for inclusion together in that service by a combination of the relevant information in digital form; or
(b) a service provided with a view to its being a service falling within paragraph (a) but in the case of which only one service is for the time being comprised in digital form in what is provided.
(7) A contravention is a “relevant multiplex contravention” for the purposes of section 43 if—
(a) it is a contravention of terms, provisions or limitations of a general multiplex licence, and
(b) the contravention relates only to terms, provisions or limitations that fall within section 9(4)(b) or (c).
(1) The amount of a penalty imposed under section 42 for a relevant multiplex contravention (see subsection (7) of that section) is to be such amount as OFCOM think fit.
(2) But the amount of the penalty may not exceed the greater of—
(a) £250,000; and
(b) 5 per cent. of the relevant amount of gross revenue.
(2A) The amount of a penalty imposed under section 42 for a contravention that is not a relevant multiplex contravention is to be such amount not exceeding 10 per cent of the relevant amount of gross revenue as OFCOM think—
(a) appropriate; and
(b) proportionate to the contravention in respect of which it is imposed.
(3) In this section “the relevant amount of gross revenue” means the amount specified in section 44.
(4) The Secretary of State may by order amend this section so as to substitute a different amount for the amount for the time being specified in subsection (2)(a).
(5) No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) The relevant amount of gross revenue for the purposes of section 43..., in relation to a penalty imposed on a person, is—
(a) where the last accounting period of that person which falls before the contravention was a period of 12 months, the relevant part of his gross revenue for that period; and
(b) in any other case, the amount which, by making any appropriate apportionments or other adjustments of the relevant part of his gross revenue for the accounting period or periods mentioned in subsection (2), is computed to be the amount representing the annual rate for the relevant part of his gross revenue.
(2) The accounting period or periods referred to in subsection (1) are—
(a) every accounting period of his to end within the period of 12 months immediately preceding the contravention; and
(b) if there is no such accounting period, the accounting period of his which is current at the time of the contravention.
(3) A reference to the relevant part of a person's gross revenue, in relation to a contravention of the terms, provisions or limitations of a licence, is a reference to so much of his gross revenue as is attributable to the provision of the service to which that licence relates.
(4) For the purposes of this section—
(a) the gross revenue of a person for a period, and
(b) the extent to which a part of a person's gross revenue is attributable to the provision of any service,
is to be ascertained in accordance with such principles as may be set out in a statement made by OFCOM.
(5) Such a statement may provide for the amount of a person's gross revenue for an accounting period that is current when the amount falls to be calculated to be taken to be the amount estimated by OFCOM, in accordance with the principles set out in the statement, to be the amount that will be his gross revenue for that period.
(6) OFCOM may revise a statement made under subsection (4) from time to time.
(7) A statement made or revised under this section may set out different principles for different cases.
(8) Before making or revising a statement under this section, OFCOM must consult the Secretary of State and the Treasury.
(9) OFCOM must—
(a) publish the statement made under subsection (4) and every revision of it; and
(b) send a copy of the statement and of every such revision to the Secretary of State;
and the Secretary of State must lay copies of the statement and of every such revision before each House of Parliament.
(10) Sections 32 and 33 are to apply for the purpose of ascertaining the amount of a person's gross revenue for any period for the purposes of section 43... and this section as they apply for the purpose of obtaining information for statistical purposes about matters relating to the establishment, installation or use by that person of a wireless telegraphy station or wireless telegraphy apparatus.
(11) In this section—
“accounting period”, in relation to a person, means a period in respect of which accounts of the undertaking carried on by him are prepared or, if one such period is comprised in another, whichever of those periods is or is closest to a 12 month period;
“gross revenue”, in relation to a person, means the gross revenue of an undertaking carried on by that person.
(1) OFCOM may make regulations prescribing the things that are to be done, or not done, in connection with the use of a wireless telegraphy station or wireless telegraphy apparatus.
(2) Regulations under subsection (1) may, in particular, require the use of a wireless telegraphy station or wireless telegraphy apparatus to cease on the demand of such persons as may be prescribed by or under the regulations.
(3) OFCOM may make regulations imposing on a person—
(a) to whom a wireless telegraphy licence relating to a wireless telegraphy station or wireless telegraphy apparatus is granted, or
(b) who is in possession or control of such a station or such apparatus,
the obligations mentioned in subsection (4).
(4) The obligations are—
(a) obligations as to permitting and facilitating the inspection of the station or apparatus;
(b) obligations as to the condition in which the station or apparatus is to be kept;
(c) in the case of a station or apparatus for the establishment, installation or use of which a wireless telegraphy licence is necessary, obligations as to the production of the licence, or of such other evidence of the licensing of the station or apparatus as may be prescribed by the regulations.
(5) OFCOM may make regulations requiring the holder of a wireless telegraphy licence in respect of which sums are or may become due after the grant of the licence, or after its renewal, to keep and produce such accounts and records as may be specified in the regulations.
(6) OFCOM may make regulations requiring the holder of a wireless telegraphy licence authorising the establishment or use of a wireless telegraphy station to exhibit at the station such notices as may be specified in the regulations.
(7) Regulations under this section have effect subject to regulations under section 14.
(8) Nothing in regulations under this section requires a person to concede any form of right of entry into a private dwelling-house for the purpose of permitting or facilitating the inspection of receiving apparatus.
(9) The approval of the Secretary of State is required for the making by OFCOM of regulations under this section.
(10) A statutory instrument containing regulations made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A person commits an offence if—
(a) he contravenes regulations made under section 45; or
(b) he causes or permits a wireless telegraphy station or wireless telegraphy apparatus to be used in contravention of regulations made under that section.
(2) A person who commits an offence under this section consisting in a contravention, in relation to receiving apparatus, of regulations made under section 45 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A person who commits an offence under this section other than one falling within subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A person commits an offence if, by means of wireless telegraphy, he sends or attempts to send a message to which this section applies.
(2) This section applies to a message which, to the person's knowledge—
(a) is false or misleading; and
(b) is likely to prejudice the efficiency of a safety of life service or to endanger the safety of a person or of a ship, aircraft or vehicle.
(3) This section applies in particular to a message which, to the person's knowledge, falsely suggests that a ship or aircraft—
(a) is in distress or in need of assistance; or
(b) is not in distress or not in need of assistance.
(4) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) In the application of subsection (4) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(1) A person commits an offence if, without lawful authority —
(a) he uses wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of a message (whether sent by means of wireless telegraphy or not) of which neither he nor a person on whose behalf he is acting is an intended recipient, or
(b) he discloses information as to the contents, sender or addressee of such a message.
(2) A person commits an offence under this section consisting in the disclosure of information only if the information disclosed by him is information that would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person.
(3) A person does not commit an offence under this section consisting in the disclosure of information if he discloses the information in the course of legal proceedings or for the purpose of a report of legal proceedings.
(3A) A person does not commit an offence under this section consisting in any conduct if the conduct—
(a) constitutes an offence under section 3(1) of the Investigatory Powers Act 2016 (offence of unlawful interception), or
(b) would do so in the absence of any lawful authority (within the meaning of section 6 of that Act).
(4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may make regulations for regulating the use, on board a foreign-registered ship or aircraft while it is within the limits of the United Kingdom and UK territorial sea, of wireless telegraphy apparatus on board the ship or aircraft.
(2) The regulations may provide—
(a) for the punishment of persons contravening the regulations by a fine;
(b) for the forfeiture of any wireless telegraphy apparatus in respect of which an offence under the regulations is committed.
(3) The maximum fine for each offence under the regulations is—
(a) an amount not exceeding level 5 on the standard scale; or
(b) a lesser amount.
(4) The regulations may make different provision for ships or aircraft registered in different countries.
(5) Except as provided by this section or in consequence of an Order in Council under section 119(3), nothing in sections 8 to 11, 35 to 38, 45 to 48, 105 and 119 operates so as to impose any prohibition or restriction on persons using wireless telegraphy apparatus on board a foreign-registered ship or aircraft.
(6) A foreign-registered ship or aircraft is one that—
(a) is not registered in the United Kingdom; and
(b) is registered in a country other than the United Kingdom, the Isle of Man or any of the Channel Islands.
(1) This section applies to the power of the Secretary of State under section 7(1) of the Vehicle Excise and Registration Act 1994 (c. 22) to specify—
(a) the declaration to be made, and
(b) the particulars to be furnished,
by a person applying for a vehicle licence (within the meaning of that Act).
(2) The power of the Secretary of State includes power to require that the declaration and particulars extend to any matters relevant for the enforcement of section 8 of this Act in respect of any wireless telegraphy apparatus installed in the vehicle.
(3) Accordingly, the Secretary of State is not required to issue a vehicle licence under the Vehicle Excise and Registration Act 1994 where the applicant fails to comply with a requirement imposed because of subsection (2).
(4) A person commits an offence if in providing information that he is required to provide because of subsection (2)—
(a) he makes a statement that he knows to be false in a material particular; or
(b) he recklessly makes a statement that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) Where subsection (4) applies, it applies instead of section 45 of the Vehicle Excise and Registration Act 1994 (c. 22) (false or misleading declarations and information).
(1) The Secretary of State may—
(a) hold examinations to determine the competence of the persons examined to fill positions in connection with the operation of wireless telegraphy stations or wireless telegraphy apparatus;
(b) issue certificates of competence to persons successful in such examinations.
(2) The certificates of competence are to be of such types as the Secretary of State may from time to time determine.
(3) The Secretary of State may issue written authorities to such persons as he thinks fit authorising them to fill such positions in connection with the operation of wireless telegraphy stations or wireless telegraphy apparatus as may be specified in the authority.
(4) The positions that may be so specified are positions for the holding of which the possession of an authority under subsection (3) is a necessity or a qualification under—
(a) a wireless telegraphy licence granted under this Act, or
(b) a licence granted under a corresponding law of a country or territory under the sovereignty of Her Majesty.
(5) If it appears to the Secretary of State that there are sufficient grounds to do so, he may at any time suspend an authority under subsection (3) with a view to its revocation.
(6) Schedule 3 has effect where an authority is suspended under subsection (5).
(7) The Secretary of State may charge such fees, if any, as he may determine—
(a) to persons applying to take part in an examination under this section;
(b) to applicants for, or for copies of, a certificate or authority issued under this section.
(1) Where an authority under section 52(3) has ceased to be in force or has been suspended, it is the duty of—
(a) the person to whom the authority was issued, and
(b) any other person in whose possession or under whose control the authority may be,
to cause it to be surrendered to the Secretary of State if required by the Secretary of State to do so.
(2) A person commits an offence if—
(a) he has a duty under subsection (1) to cause an authority under section 52(3) to be surrendered to the Secretary of State, and
(b) without reasonable excuse he fails or refuses to do so.
(3) A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
53A Registration of providers of dynamic spectrum access services
(1) A person who provides, or proposes to provide, a dynamic spectrum access service may be registered under this section by OFCOM.
(2) An application for registration under this section—
(a) is to be made to OFCOM, and
(b) must contain such information as OFCOM may reasonably require.
(3) OFCOM must, from time to time as they think fit, publish—
(a) the criteria for determining applications under this section, and
(b) information relating to the restrictions and conditions to which registration under this section may be subject.
(4) The criteria published under subsection (3)(a) may include different provision for different cases.
(5) Registration under this section is to be for such period, and subject to such restrictions and conditions, as OFCOM think fit.
(6) Any such restrictions and conditions are to be contained in a notice in writing given to the person registered under this section.
(7) In this Act “dynamic spectrum access service” means a service that provides information about—
(a) the availability for use by wireless telegraphy stations and wireless telegraphy apparatus of frequencies that fall within a frequency band specified in regulations made by OFCOM, and
(b) the places in which, the power at which, the times when and any conditions subject to which such stations and apparatus may use such frequencies.
(1) OFCOM may revoke a registration under section 53A, or vary the restrictions and conditions to which it is subject—
(a) by notice in writing given to the person registered under that section, or
(b) by a general notice applicable to the class to which the person belongs, published in such way as appears to OFCOM to be appropriate.
(2) Where OFCOM propose to revoke or vary a registration, they must give the person registered under section 53A a notification—
(a) stating the reason for the proposed revocation or variation, and
(b) specifying the period during which the person notified has an opportunity to make representations about the proposal.
(3) Nothing in subsection (2) applies to a proposal to revoke or vary a registration if the proposal is made at the request or with the consent of the person registered under section 53A.
(4) Nothing in this section applies in relation to—
(a) a notification given under section 53E, or
(b) a decision given under section 53G.
53C Register of providers of dynamic spectrum access services
(1) OFCOM must establish and maintain a register for the purposes of this Part.
(2) The register is to contain—
(a) the names of the persons registered under section 53A, and
(b) such other information relating to the registration of those persons as OFCOM consider appropriate.
(3) OFCOM may make available to users or prospective users of dynamic spectrum access services such information contained in the register as they consider appropriate.
(1) Regulations made by OFCOM may provide for OFCOM to charge fees—
(a) for registering a person under section 53A;
(b) for the continuation in force of such a registration;
(c) for the variation or revocation of such a registration;
(d) for anything done by OFCOM in connection with facilitating the service provided by a person registered under section 53A.
(2) Subsection (1)(d) does not include anything for which OFCOM may charge under any other enactment.
(3) The fees—
(a) are to be determined by or in accordance with the regulations, and
(b) are to be payable by the person who is to be, is or has been registered under section 53A.
(4) The regulations may—
(a) confer exemptions 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.
(5) Where OFCOM register a person in circumstances in which sums will or may subsequently become payable under the regulations, OFCOM may require such security to be given, by way of deposit or otherwise, for the payment of those sums as they think fit.
(6) A sum which is required to be paid to OFCOM by virtue of the regulations must be paid to OFCOM as soon as it becomes payable in accordance with the regulations and, if it is not paid, is recoverable by them accordingly.
53E Notification of contravention of registration restrictions or conditions
(1) Where OFCOM determine that there are reasonable grounds for believing that a person registered under section 53A is contravening, or has contravened, the restrictions or conditions subject to which the person is registered they may give that person a notification under this section.
(2) A notification under this section is one which—
(a) sets out the determination made by OFCOM,
(b) specifies the restriction or condition and contravention in respect of which that determination has been made,
(c) specifies the period during which the person notified has an opportunity to make representations,
(d) specifies the steps that OFCOM think should be taken by the person in order to—
(i) comply with the restriction or condition;
(ii) remedy the consequences of the contravention,
(e) if OFCOM are minded to suspend or revoke the person's registration, contains a statement to that effect, and
(f) specifies any penalty which OFCOM are minded to impose in accordance with section 53F.
(3) A notification under this section—
(a) may be given in respect of more than one contravention, and
(b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(4) Where a notification under this section has been given to a person in respect of a contravention of a restriction or condition, OFCOM may give a further notification in respect of the same contravention of that restriction or condition if, and only if—
(a) the contravention is one occurring after the time of the giving of the earlier notification,
(b) the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates, or
(c) the earlier notification has been withdrawn without a penalty having been imposed, or other action taken, in respect of the notified contravention.
(1) This section applies where a person is given a notification under section 53E that specifies a proposed penalty.
(2) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.
(3) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.
(4) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
(a) the giving of a confirmation decision under section 53G which requires immediate action, or
(b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
(5) The amount of a penalty specified under subsection (4) is to be such amount, not exceeding £20,000 per day, as OFCOM think—
(a) appropriate, and
(b) proportionate to the contravention in respect of which it is imposed.
(6) The amount of any other penalty specified under this section is to be such amount, not exceeding 10% of the relevant amount of gross revenue, as OFCOM think—
(a) appropriate, and
(b) proportionate to the contravention in respect of which it is imposed.
(1) This section applies where—
(a) a person has been given a notification under section 53E,
(b) OFCOM have allowed the person an opportunity to make representations about the matters notified, and
(c) the period allowed for the making of representations has expired.
(2) OFCOM may—
(a) give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the suspension or revocation of the person's registration, or both, in accordance with the notification under section 53E, or
(b) inform the person that they are satisfied with the person's representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a restriction or condition specified in the notification under section 53E.
(4) A confirmation decision—
(a) must be given to the person without delay,
(b) must include reasons for the decision,
(c) may require immediate action by the person to comply with requirements of a kind mentioned in section 53E(2)(d), or may specify a period within which the person must comply with those requirements,
(d) may require the person to pay—
(i) the penalty specified in the notification under section 53E, or
(ii) such lesser penalty as OFCOM consider appropriate in the light of the person's representations or steps taken by the person to comply with the condition or restriction or remedy the consequences of the contravention, and
(e) may specify the period within which any such penalty is to be paid.
(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.
(6) That duty is enforceable in civil proceedings by OFCOM—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
(7) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM, and
(b) if not paid within the period specified by them, is to be recoverable by them accordingly.
(1) The relevant amount of gross revenue for the purposes of section 53F, in relation to a penalty imposed on a person, is—
(a) where the last accounting period of that person which falls before the contravention was a period of 12 months, the relevant part of the person's gross revenue for that period, and
(b) in any other case, the amount which, by making any appropriate apportionments or other adjustments of the relevant part of the person's gross revenue for the accounting period or periods mentioned in subsection (2), is computed to be the amount representing the annual rate for the relevant part of the person's gross revenue.
(2) The accounting period or periods referred to in subsection (1) are—
(a) every accounting period of the person to end within the period of 12 months immediately preceding the contravention, and
(b) if there is no such accounting period, the accounting period of the person which is current at the time of the contravention.
(3) A reference to the relevant part of a person's gross revenue, in relation to a contravention of the restrictions or conditions subject to which the person is registered under section 53A, is a reference to so much of the person's gross revenue as is attributable to the provision of the dynamic spectrum access service to which the contravention relates.
(4) For the purposes of this section—
(a) the gross revenue of a person for a period, and
(b) the extent to which a part of a person's gross revenue is attributable to the provision of any dynamic spectrum access service,
is to be ascertained in accordance with such principles as may be set out in a statement made by OFCOM.
(5) Such a statement may provide for the amount of a person's gross revenue for an accounting period that is current when the amount falls to be calculated to be taken to be the amount estimated by OFCOM, in accordance with the principles set out in the statement, to be the amount that will be the person's gross revenue for that period.
(6) OFCOM may revise a statement made under subsection (4) from time to time.
(7) A statement made or revised under this section may set out different principles for different cases.
(8) Before making or revising a statement under this section, OFCOM must consult the Secretary of State and the Treasury.
(9) OFCOM must—
(a) publish the statement made under subsection (4) and every revision of it, and
(b) send a copy of the statement and of every such revision to the Secretary of State,
and the Secretary of State must lay copies of the statement and of every such revision before each House of Parliament.
(10) In this section—
“accounting period”, in relation to a person, means a period in respect of which accounts of the undertaking carried on by the person are prepared or, if one such period is comprised in another, whichever of those periods is or is closest to a 12 month period;
“gross revenue”, in relation to a person, means the gross revenue of an undertaking carried on by that person.
53I Requirement to provide information about gross revenue
(1) OFCOM may require a person to whom a notification has been given under section 53E to provide them with all such information as they may require for the purpose of ascertaining the person's gross revenue.
(2) A demand for information required under this section must be contained in a notice given to the person from whom the information is required.
(3) 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.
(4) Sections 53K to 53M apply for the purposes of a requirement imposed under this section as they apply for the purposes of a requirement imposed under section 53J.
53J Provision of information to persons registered under section 53A
(1) OFCOM may require a person falling within subsection (2) to provide a person registered under section 53A with all such information as OFCOM consider necessary and proportionate for the purpose of enabling the registered person to avoid undue interference with wireless telegraphy.
(2) The persons falling within this subsection are—
(a) a person who is using, or has established or used, a wireless telegraphy station, and
(b) a person who is using, or has installed or used, wireless telegraphy apparatus.
(3) A demand for information required under this section must be contained in a notice given to the person from whom the information is required.
(4) The notice must—
(a) describe the required information,
(b) specify the manner and form in which it is to be provided,
(c) specify when and (if appropriate) how frequently it is to be provided, and
(d) specify to whom it is to be provided.
53K Notification of contravention of information requirements
(1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 53J, they may give the person a notification under this section.
(2) A notification under this section is one which—
(a) sets out the determination made by OFCOM,
(b) specifies the requirement and contravention in respect of which the determination has been made,
(c) specifies the period during which the person notified has an opportunity to make representations, and
(d) specifies any penalty which OFCOM are minded to impose in accordance with section 53L.
(3) A notification under this section—
(a) may be given in respect of more than one contravention, and
(b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(4) Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention if, and only if—
(a) the contravention is one occurring after the time of the giving of the earlier notification,
(b) the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates, or
(c) the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
(1) This section applies where a person is given a notification under section 53K that specifies a proposed penalty.
(2) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.
(3) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.
(4) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
(a) the giving of a confirmation decision under section 53M(4)(c) which requires immediate action, or
(b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.
(5) The amount of a penalty specified under subsection (4) is to be such amount, not exceeding £20,000 per day, as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the contravention in respect of which it is imposed.
(6) The amount of any other penalty specified under this section is to be such amount, not exceeding £2 million, as OFCOM determine to be both—
(a) appropriate; and
(b) proportionate to the contravention in respect of which it is imposed.
(1) This section applies where—
(a) a person has been given a notification under section 53K,
(b) OFCOM have allowed the person an opportunity to make representations about the matters notified, and
(c) the period allowed for the making of representations has expired.
(2) OFCOM may—
(a) give the person a decision (a “confirmation decision”) confirming the imposition of requirements in accordance with the notification under section 53K, or
(b) inform the person that they are satisfied with the person's representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a requirement notified under section 53K.
(4) A confirmation decision—
(a) must be given to the person without delay,
(b) must include reasons for the decision,
(c) may require immediate action by the person to comply with a requirement notified under section 53K, or may specify a period within which the person must comply with the requirement,
(d) may require the person to pay—
(i) the penalty specified in the notification under section 53L, or
(ii) such lesser penalty as OFCOM consider appropriate in the light of the person's representations or steps taken by the person to comply with the requirement or remedy the consequences of the contravention, and
(e) may specify the period within which any such penalty is to be paid.
(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.
(6) That duty is enforceable in civil proceedings by OFCOM—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
(7) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM, and
(b) if not paid within the period specified by them, is to be recoverable by them accordingly.