Office of Public Sector Information
PART 2 continued CHAPTER 3 continued
(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.
(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.
(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;
(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 as to the procedure to be followed for the making of a transfer and, in particular, as to the notification about a transfer that must be given to OFCOM, or must be published, 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.
(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 granted before 29th December 2003 or in the first or any subsequent renewal on or after that date of a licence so granted; and
(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 OFCOM in exercise of a power conferred by regulations under this section.
(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; or
(b) the making, renewal, transfer, modification or revocation of grants of recognised spectrum access.
(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.
(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.
(1) A person commits an offence if he fails to provide information in accordance with a requirement of OFCOM under section 32.
(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 fine not exceeding level 3 on the standard scale.
(4) A person commits an offence if—
(a) in pursuance of a requirement under section 32, 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 fine not exceeding level 5 on the standard scale.
(1) OFCOM must prepare and publish a statement of their general policy with respect to—
(a) the exercise of their powers under section 32; 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 section 32, have regard to the statement for the time being in force under this section.
(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 12 months 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 12 months 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.
(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 12 months 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 12 months 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) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened—
(a) a term, provision or limitation of a wireless telegraphy licence, or
(b) a term, provision or limitation of an exemption under section 8(3),
they may give that person a notification under this section.
(2) A notification under this section—
(a) sets out the determination made by OFCOM;
(b) specifies the term, provision or limitation, and the contravention, in respect of which that determination has been made; and
(c) specifies the period during which the person notified has an opportunity of doing the things specified in subsection (3).
(3) The things are—
(a) making representations about the matters notified; and
(b) complying with any notified term, provision or limitation of which he remains in contravention.
(4) Subject to subsections (5) to (7), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.
(5) OFCOM may, if they think fit, allow a longer period for doing those things—
(a) by specifying a longer period in the notification; or
(b) by subsequently, on one or more occasions, extending the specified period.
(6) The person notified has a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.
(7) The person notified also has a shorter period if—
(a) OFCOM have reasonable grounds for believing that the case is a case of repeated contravention;
(b) they have determined that, in those circumstances, a shorter period would be appropriate; and
(c) the shorter period has been specified in the notification.
(1) For the purposes of section 39 a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if—
(a) in the case of a contravention of a term, provision or limitation of a wireless telegraphy licence, it falls within subsection (2) or (3); or
(b) in the case of a contravention of a term, provision or limitation of an exemption under section 8(3), it falls within subsection (4) or (5).
(2) A contravention of a term, provision or limitation of a wireless telegraphy licence falls within this subsection if—
(a) a previous notification under section 39 has been given in respect of the same contravention or in respect of another contravention of a term, provision or limitation of the same licence;
(b) the person who was given that notification subsequently took steps for remedying the notified contravention; and
(c) the subsequent notification is given no more than 12 months after the day of the giving of the previous notification.
(3) A contravention of a term, provision or limitation of a wireless telegraphy licence falls within this subsection if—
(a) the person concerned has been convicted of an offence under section 35 in respect of the contravention to which the notification relates or in respect of another contravention of a term, provision or limitation of the same licence; and
(b) the subsequent notification is given before the end of the period of 12 months from the contravention in respect of which that person was convicted of that offence.
(4) A contravention of a term, provision or limitation of an exemption falls within this subsection if—
(a) a previous notification under section 39 has been given in respect of the same contravention or in respect of another contravention of the same term, provision or limitation;
(b) the person who was given that notification subsequently took steps for remedying the notified contravention; and
(c) the subsequent notification is given no more than 12 months after the day of the giving of the previous notification.
(5) A contravention of a term, provision or limitation of an exemption falls within this subsection if—
(a) the person concerned has been convicted of an offence under section 35 in respect of the contravention to which the notification relates or in respect of another contravention of the same term, provision or limitation; and
(b) the subsequent notification is given before the end of the period of 12 months from the contravention in respect of which that person was convicted of that offence.
(6) In calculating the periods of 12 months mentioned in subsections (3)(b) and (5)(b), the period between the institution of the criminal proceedings which led to the conviction and the conclusion of those proceedings is to be left out of account.
(7) For the purposes of subsection (6) criminal proceedings are taken to be concluded when no further appeal against conviction may be brought without the permission of the court and—
(a) in a case where there is no fixed period within which that permission can be sought, permission has been refused or has not been sought; or
(b) in a case where there is a fixed period within which that permission can be sought, that permission has been refused or that period has expired without permission having been sought.
(8) References to remedying a contravention include references to—
(a) doing any thing the failure to do which, or the failure to do which within a particular period or before a particular time, constituted the whole or a part of the contravention;
(b) paying an amount to a person by way of compensation for loss or damage suffered by that person in consequence of the contravention;
(c) paying an amount to a person by way of compensation in respect of annoyance, inconvenience or anxiety to which he has been put in consequence of the contravention;
(d) otherwise acting in a manner that constitutes an acknowledgement that the notified contravention did occur.
(9) References to a contravention of a term, provision or limitation of a wireless telegraphy licence include references to a contravention of a term, provision or limitation contained in a previous licence of which the licence in question is a direct or indirect renewal.
(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 allowed under that section, 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; or
(ii) are communications providers or make associated facilities available.
(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 allowed, in the case of that notification, for doing the things mentioned in section 39(3).
(8) Subsection (7) has effect notwithstanding anything in—
(a) section 127 of the Magistrates' Courts Act 1980 (c. 43) (limitation on time for bringing summary proceedings), or
(b) Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (equivalent provision for Northern Ireland).
Wireless Telegraphy Act 2006