Office of Public Sector Information
PART 2 continued CHAPTER 2 continued
(3) The advice, the other services and the records that OFCOM may give, provide or maintain under this section include advice, other services and records with respect to the use of the electro-magnetic spectrum at places outside the United Kingdom.
(4) The powers of OFCOM 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 their functions under this section, information about—
(a) the demands for use of the electro-magnetic spectrum for wireless telegraphy in the United Kingdom;
(b) the effects, in the United Kingdom, of any such use of that 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 electro-magnetic 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 under section 159 or to any other person; and
(b) is to be made on such terms and conditions as OFCOM consider appropriate;
and those terms and conditions may include terms requiring the repayment of the grant in specified circumstances.
(7) The consent of the Treasury is to be 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 are to be entitled to 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.
(1) It shall be the duty of OFCOM, from time to time as they think fit, to publish a document (to be known as “the United Kingdom Plan for Frequency Authorisation”).
(2) The plan must set out—
(a) the frequencies that, in relation to the United Kingdom, have been allocated for particular purposes for wireless telegraphy and are available for assignment; and
(b) the purposes for which the different frequencies have been allocated.
(1) It shall be the duty of OFCOM, in carrying out their functions under the enactments relating to the management of the radio spectrum, to have regard, in particular, to—
(a) the extent to which the electro-magnetic spectrum is available for use, or further use, for wireless telegraphy;
(b) the demand for use of that spectrum for wireless telegraphy; and
(c) the demand that is likely to arise in future for the use of that spectrum for wireless telegraphy.
(2) It shall also be their duty, in carrying out their functions under those enactments to have regard, in particular, to the desirability of promoting—
(a) the efficient management and use of the part of the electro-magnetic 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) In the application of this section to the functions of OFCOM under the enactments relating to the management of the radio spectrum other than section 2 of the Wireless Telegraphy Act 1998 (c. 6) (exercise of power to prescribe wireless telegraphy licence fees), OFCOM may disregard such of the matters mentioned in the preceding subsections 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.
(4) Where it appears to OFCOM that any of their duties under this section conflict with one or more of their duties under sections 3 to 6, priority must be given to their duties under those sections.
(5) Where it appears to OFCOM that any of their duties under this section conflict with each other in a particular case, they must secure that the conflict is resolved in the manner they think best in the circumstances.
(1) It shall be a function of OFCOM to provide a service consisting in the giving of advice and assistance to persons complaining of interference with wireless telegraphy.
(2) In this section “interference”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 1949 (c. 54).
(1) The Secretary of State may by order give general or specific directions to OFCOM about the carrying out by OFCOM of their functions under the enactments relating to the management of the radio spectrum.
(2) The directions that may be given under this section include a direction requiring OFCOM to secure that such frequencies of the electro-magnetic spectrum as may be specified in the direction 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) The directions that may be given under this section include a direction requiring 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 the direction or as may be determined by the Secretary of State in accordance with the order.
(4) Those provisions are—
(a) the proviso to section 1 of the Wireless Telegraphy Act 1949 (exemptions from requirement of wireless telegraphy licence); and
(b) sections 1 to 3A of the Wireless Telegraphy Act 1998 (c. 6) (payments in respect of wireless telegraphy licences and grants of recognised spectrum access).
(5) This section is not to be construed as restricting the power of the Secretary of State under section 5, without the making of an order, to give a direction for any of the purposes for the time being specified in subsection (3) of that section.
(1) An order containing a direction under section 156, if it is not one falling within subsection (2) or (3) of that section, must state the purpose for which the direction is given.
(2) Before making an order containing a direction under section 156, the Secretary of State must consult both—
(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 carry out the consultation before making the order.
(4) Subject to subsection (5), no order is to be made containing provision authorised by section 156 unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(5) Subsection (4) does not apply where the Secretary of State considers either—
(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,
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 containing a direction under section 156 without a draft of the order having been approved, the order shall cease 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 shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(1) This section applies where OFCOM, in exercise of their functions under the enactments relating to the management of the radio spectrum, have reserved frequencies for the broadcasting of television programmes.
(2) It shall be the duty of OFCOM, in the carrying out of their functions under those enactments, to exercise their powers so as to secure, so far as practicable, that the requirement of subsection (3) is satisfied.
(3) That 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) In subsection (3) “licensed television multiplex service” means a television multiplex service the provision of which is authorised by a licence under Part 1 of the 1996 Act.
(5) In this section “qualifying service” and “television multiplex service” each has the same meaning as in Part 3 of this Act.
(1) This section applies where—
(a) a person is proposing to use or to continue to use a station or apparatus for wireless telegraphy;
(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 electro-magnetic energy with a view to the reception of anything at places in the United Kingdom or in the territorial waters adjacent to the United Kingdom;
and 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.
(2) 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.
(3) A grant of recognised spectrum access made to a person shall set out, by reference to such factors as OFCOM think 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.
(4) A grant of recognised spectrum access to a person is made by giving him a notification containing the grant.
(5) A grant of recognised spectrum access may be made subject to such restrictions and conditions as OFCOM think 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.
(6) 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.
(7) 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.
(8) Schedule 5 (which makes provision about the grant, revocation and modification of recognised spectrum access) shall have effect.
(9) Section 403 applies to the power of OFCOM to make regulations under subsection (1).
(10) Expressions used in this section and in the Wireless Telegraphy Act 1949 (c. 54) have the same meanings in this section as in that Act.
(1) This section applies to the following functions of OFCOM—
(a) their functions under section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing of the use of the radio spectrum) with respect to the granting of wireless telegraphy licences;
(b) their functions under section 159 of this Act with respect to the making of grants of recognised spectrum access; and
(c) any of their other functions under the enactments relating to the management of the radio spectrum 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 for the time being in force.
(2) In carrying out the functions to which this section applies it shall be the duty of OFCOM to take into account—
(a) the existence of any grant of recognised spectrum access that is for the time being in force, and
(b) the provisions imposing the restrictions and conditions subject to which the 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.
(1) The Wireless Telegraphy Act 1998 (c. 6) (which makes provision about the sums that may be charged in respect of the issue and renewal of wireless telegraphy licences etc.) shall be amended as follows.
(2) In section 1 (charges for wireless telegraphy licences)—
(a) in subsection (1), after “this Act” there shall be inserted—
“(a) references to a grant of recognised spectrum access are references to a grant made under section 159 of the Communications Act 2003 (recognised spectrum access); and
(b)”;
(b) in subsection (2), for the words from “or renewal”, where they first occur, to “is issued” there shall be substituted “of a wireless telegraphy licence or the making of a grant of recognised spectrum access and, where regulations under this section so provide, subsequently at such times during the term of the licence or grant and such times in respect of its variation, modification or revocation, as may be prescribed by the regulations, there shall be paid to OFCOM by the person to whom the licence is issued or the grant made”; and
(c) in subsection (4), for the words from “or renewal”, where they first occur, to “the licence” there shall be substituted “of a licence or the making of a grant of recognised spectrum access, OFCOM may, on the issue of the licence or the making of the grant,”.
(3) After section 3 of that Act there shall be inserted the following section—
(1) Having regard to the desirability of promoting the optimal use of the electro-magnetic 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 which involves the making by the applicant of a bid specifying an amount which he is willing to pay to OFCOM in respect of the grant.
(2) Regulations under this section may make provision with respect to the grants to which they apply and 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 which 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 the preceding sub-paragraphs 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) in any one of the ways falling within the preceding sub-paragraphs that is authorised by the regulations;
(d) specify requirements (such as, 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 any such applicant to pay a deposit to OFCOM;
(f) specify circumstances in which such 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 prescribed procedure) in deciding whether, or to whom, to make a grant of recognised spectrum access;
(h) specify the other restrictions and conditions subject to which a grant to which the regulations apply is to be made; and
(i) make any provision referred to in section 1(3).
(4) Regulations under this section are not to be construed as binding OFCOM to make a grant 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 regulations under this section shall specify either—
(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 shall be paid to OFCOM by the person to whom the grant is made in accordance with the conditions 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) Regulations under this section may provide that where a person—
(a) makes an application for a grant of recognised spectrum access in accordance with a procedure provided for by such regulations, but
(b) subsequently refuses the grant applied for,
that person shall make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the grant.
(8) Subsection (4) of section 1 is to apply in relation to sums that will or may become payable under regulations under this section subsequently to the making of a grant of recognised spectrum access as it applies to sums that will or may become payable under regulations under that section.”
(1) OFCOM 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.
(2) Section 403 applies to the power of OFCOM to make regulations under this section.
(1) The Secretary of State may, out of money provided by Parliament, make payments to OFCOM of such amounts as he considers appropriate in respect of—
(a) the establishment and use by or on behalf of the Crown, of a station for wireless telegraphy;
(b) the installation and use by or on behalf of the Crown, of apparatus for wireless telegraphy;
(c) any grant of recognised spectrum access made to the Crown.
(2) The payments made under this section shall be made at such times and, so far as made in relation to use, in relation to such periods as the Secretary of State considers appropriate.
(3) Expressions used in this section and in the Wireless Telegraphy Act 1949 (c. 54) have the same meanings in this section as in that Act.
(1) If they consider it appropriate, for the purpose of securing the efficient use of the electro-magnetic spectrum, to impose limitations on the use of particular frequencies, 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 spectrum access made.
(4) OFCOM must satisfy themselves that any criteria set out by virtue 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) It shall be the duty of OFCOM to exercise the following powers in accordance with the orders for the time being in force under this section—
(a) their powers under the Wireless Telegraphy Act 1949 and the Wireless Telegraphy Act 1998 (c. 6) with respect to wireless telegraphy licences; and
(b) their powers under the Wireless Telegraphy Act 1998 and this Chapter with respect to grants of recognised spectrum access.
(6) OFCOM must keep under review any order for the time being in force under this section.
(7) It shall be the duty of OFCOM to 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 electro-magnetic 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.
(9) Section 403 applies to the power of OFCOM to make an order under this section.
In section 1 of the Wireless Telegraphy Act 1949 (c. 54), after subsection (2) (terms, provisions and limitations of the licence) there shall be inserted—
“(2A) Those 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; and
(c) terms or provisions requiring the transmission or broadcasting of particular matters by that person.
(2B) A licence under this section may be granted either—
(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.
(2C) The terms, provisions and limitations of a licence granted under this section to a person must not duplicate obligations already imposed on him by general conditions set under section 45 of the Communications Act 2003.”
After section 1 of the Wireless Telegraphy Act 1949 there shall be inserted—
(1) If OFCOM are satisfied that the condition in subsection (2) is satisfied as respects the use of stations or apparatus of any particular description, they shall make regulations under section 1 of this Act exempting the establishment, installation and use of any station or apparatus of that description from the prohibition in that section.
(2) That condition is that the use of stations or apparatus of that description is not likely to involve any undue interference with wireless telegraphy.”
(1) Section 3 of the Wireless Telegraphy Act 1998 (c. 6) (bidding for wireless telegraphy licences) shall be amended as follows.
(2) The following shall cease to have effect—
(a) in subsection (1), the words “or determined by him under” and paragraph (a) (requirement to set out procedure for bidding in a notice issued under regulations); and
(b) subsection (2) (matters to be included in regulations).
(3) In subsection (3) (provision that may be contained in regulations)—
(a) for paragraph (a) there shall be substituted—
“(a) require the applicant’s bid to specify the amount he is willing to pay;
(aa) 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 the preceding sub-paragraphs that is authorised by the regulations;
(ab) 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) in any one of the ways falling within the preceding sub-paragraphs that is authorised by the regulations;”
(b) in paragraph (f), for “any licence” there shall be substituted “a licence to which the regulations apply”; and
(c) the word “and” shall be inserted at the end of paragraph (f) and paragraph (h) shall cease to have effect.
Communications Act 2003