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Whereas the Secretary of State has given notice as required by paragraph (a) of subsection (4) of section 403 of the Communications Act 2003[1] and published notice as required by paragraph (b) of that subsection and has considered the representations made to her before the time specified in the notice: Now, therefore, the Secretary of State, in exercise of the powers conferred by section 164(1) to (3) of the said Act and exerciseable by her by virtue of section 408(1), (2) and (3)(b) thereof and article 3(1) of the Communications Act 2003 (Commencement No. 1) Order 2003[2], hereby makes the following Order: Citation and commencement 1. This Order may be cited as the Wireless Telegraphy (Limitation of Number of Licences) Order 2003 and shall come into force on 25th July 2003. Interpretation 2. - (1) In this Order -
Wireless telegraphy licences to be limited in number
(b) apply the criteria limiting the number of wireless telegraphy licences specified in Part 3 of the Schedule concerned; and (c) take into account the ability of each applicant for a wireless telegraphy licence to meet the licence terms, provisions and limitations applying to that wireless telegraphy licence,
in determining the limit on the number of wireless telegraphy licences to be granted and the persons to whom wireless telegraphy licences will be granted. Transmission of Terrestrial UHF Analogue TV Services and Digital TV Multiplexes 470.0-854.0 MHz Transmission of National and Local Radio Broadcasting Services 148.5-283.5 kHz (LW) 526.5-1605.5 kHz (MW) 87.5-108.0 MHz (FM) 217.5-230.0 MHz (T-DAB) Restricted Radio Services Transmission (Class A - Freely Radiating) Restricted Radio Services Transmission (Class B - Radiating Cable) Restricted Radio Services Transmission (Class C Radiating Very Low Power) 526.5-1605.5 kHz 87.5-108.0 MHz 1. The frequencies are assigned only to the British Broadcasting Corporation (BBC) and persons who possess one of the following Broadcasting Act licences:
(b) Digital TV Multiplexes under Part I of the Broadcasting Act 1996; (c) Terrestrial National and Local Analogue Radio Broadcasting Services under Part III of the Broadcasting Act 1990; (d) Digital Radio Multiplexes under Part II of the Broadcasting Act 1996; and (e) Restricted Radio Services Transmission (Class A, B and C) under Part III of the Broadcasting Act 1990.
2.
The availability of wireless telegraphy licences is limited at these frequencies by the technical frequency assignment criteria set out in the Technical Frequency Assignment Criteria for Television and Sound Broadcasting published by the RA[7]. 1. In this Schedule "Broadband Fixed Wireless Access" means the provision by means of a wireless communications system of two-way wireless communications links over which data may be transmitted and received at rates of at least 2 Mbits/second on demand. Broadband Fixed Wireless Access 28.0525-28.4445 GHz 29.0605-29.4525 GHz 2. Licences are awarded to persons by a competitive process in accordance with regulations made under section 3 of the Wireless Telegraphy Act 1998[8]. 3. None. Programme Making and Special Events Fixed Site
Programme Making and Special Events Link
Programme Making and Special Events Low Power
UK Wireless Microphone (Annual) UK Wireless Microphone (Biennial)
1. None. 2. The availablity of wireless telegraphy licences at these frequencies is limited by the technical frequency assignment criteria set out in Technical Frequency Assignment Criteria - Programme Making and Special Events published by the RA[9]. 3. All applications for licences are considered (and the technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form except for the UK Wireless Microphone (Annual) Licence and the UK Wireless Microphone (Biennial) Licence for which the technical frequency assignment criteria do not limit the number of licences. Common Base Station Operator
Remote Meter Reading Operator (National Exclusive) Remote Meter Reading Operator (National Shared) Remote Meter Reading Operator (Regional Shared) 183.5-184.5 MHz Public Mobile Operator for digital TETRA (Public Access Mobile Radio) Public Mobile Operator for digital TETRA 2 (Public Access Mobile Radio)
Public Mobile Operator for Public Wide-Area Paging
Public Mobile Operator for Public Mobile Data, Non-Voice only Operation
Public Mobile Operator for CDMA Spread Spectrum Data/Asset Tracking Systems
Public Mobile Operator for Public Access Mobile Radio 174-225MHz Public Mobile Operator for Cellular Radiotelephones
Fixed Wireless Access (including point-to-multipoint systems)
1. The following classes of licence are no longer available for new applications:
(b) Public Mobile Operator for digital TETRA (Public Access Mobile Radio) and Public Mobile Operator for digital TETRA 2 (Public Access Mobile Radio); (c) Public Mobile Operator for Public-Wide Area Paging; (d) Public Mobile Operator for Public Mobile Data, Non-Voice only Operation; (e) Public Mobile Operator for CDMA Spread Spectrum Data/Asset Tracking Systems; (f) Public Mobile Operator for Public Access Mobile Radio; (g) Public Mobile Operator for Cellular Radiotelephones; and (h) Fixed Wireless Access (including point-to-multipoint systems).
2. An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003[10]. 3. Applicants for Remote Meter Operator (National Shared) Licences and Remote Meter Reading (Regional Shared) Licences must be engaged in activities in support of gas, electricity or water supplier related operations. 4. The availability of Common Base Station Operator Licences is limited in any particular location at these frequencies by the technical frequency assignment criteria set out in Common Base Stations (Including Technical Frequency Assignment Criteria) published by the RA[11]. 5. All applications for licences are considered (and any technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form. Point-to-Point Fixed Links
Point-to-Multipoint Services 31.00-31.80 GHz 36.00-42.00 GHz Scanning Telemetry 457.50-464.00 MHz 1. An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003. 2. The availability of wireless telegraphy licences is limited at these frequencies by the technical frequency assignment criteria set out in the RA publication applying to the frequencies concerned[12]. 3. All applications for licences are considered (and the technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form. 4. Applicants must undertake to use the assigned frequencies solely for the transmission and reception of signals as part of the "fixed service" as defined in Article 1.20 of the Radio Regulations. Permanent Earth Station 3600-4200 MHz 5150-5250 MHz 5725-5850 MHz 5850-6725 MHz 6725-7025 MHz 7025-7075 MHz 10.70-11.70 GHz 12.50-12.75 GHz 12.75-13.25 GHz 13.75-14.00 GHz 14.00-14.25 GHz 14.25-14.30 GHz 14.30-14.50 GHz 17.30-17.70 GHz 17.70-18.40 GHz 19.7-20.2 GHz 27.5-29.5 GHz 29.5-30.0 GHz Transportable Earth Station 14.00-14.25 GHz 14.25-14.30 GHz 14.30-14.50 GHz Network 12.50-12.75 GHz 14.00-14.25 GHz 29.50-30.00 GHz Aircraft Earth Station Network Operators 14.0-14.25 GHz Earth Station on Board a Vessel (ESV) 14.0-14.25 GHz 1. An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003. 2. The availability of Permanent Earth Station Licences, Transportable Earth Station Licences and Network Licences is limited at any particular location at these frequencies by the relevant technical frequency assignment criteria set out in RA publications[13]. 3. All applications for licences are considered (and any technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form. Coastal Station Radio 156.00-163.00 MHz Coastal Station Radio (Marina) 850 and 161.425 (CSR and Ship) 157.025 MHz (Ship), 161.625 MHz (CSR) Coastal Station Radio (International) 156.00-162.05 MHz Coastal Station Radio (Training School) This licence is used for non-operational training purposes and the equipment radiates minimum power confined to the building or site. The licence is therefore only for use at frequencies that are allocated to the Coastal Station Radio to agreed specifications. Differential Global Positioning System
Ship Portable Radio
Maritime (Navigational Aids and Radar)
Maritime Radio (Suppliers and Demonstration)
Ship Radio
1. An applicant who intends to operate on international channels must possess a Maritime Radio Operators Certificate of Competence (including a valid Authority to Operate) issued by the Maritime and Coastguard Agency[16] on behalf of the Secretary of State. 2. An applicant for a Coastal Station Radio Licence must intend to use the assigned frequency solely to communicate with vessels on commercial matters using a private maritime channel and port operation and control. 3. An applicant for a Coastal Station Radio (Marina) Licence must be a yacht club, marina or similar organisation and must undertake to transmit solely for the purpose of communications concerning the movement and berthing of pleasure craft and to control races. 4. An applicant for a Coastal Station Radio (International) Licence must be intending to operate ports or harbours for port operations and ship movements. 5. An applicant for a Ship Radio Licence must be the owner or operator of a British-registered vessel as required by Part 1 of the Merchant Shipping Act 1995[17]. 6. An applicant for a Maritime Radio (Navigational Aids and Radar) Licence must have an official position in the operation of ports or harbours, and be responsible for ship movement or coastal surveillance. 7. An applicant for a Maritime Radio (Suppliers and Demonstration) Licence must be engaged in the manufacture, development, repair or supply of maritime radio equipment. 8. Applicants must undertake to use the assigned frequencies solely for the transmission and reception of signals as part of the maritime radio navigation (including satellite) service as defined in Article 1 of the Radio Regulations. 9. The availability of the Coastal Station Radio Licence, Coastal Station Radio (Marina) Licence, Coastal Station Radio (International) Licence and Differential Global Positioning System Licence is limited in any particular location at these frequencies by the technical frequency assignment criteria set out in Coastal Station Radio (Including Technical Frequency Assignment Criteria) published by the RA[18]. 10. All applications for licences are considered (and any technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form. Aircraft Aircraft (Transportable)
Aeronautical Ground Station Air Traffic/Ground Movement Control Aeronautical Ground Station Airfield Flight Information Service
Aeronautical Ground Station (General Aviation) 129.900 MHz, 130.100 MHz, 130.125 MHz, 130.400 MHz (Glider Ground Station (Standard)) 129.975 (Glider Ground Station (Common Field Frequency)) 122.475 MHz (Balloon Ground Station) 130.525 MHz, 129.900 MHz (Parachute Ground Station) 129.825 MHz (Microlight Ground Station) 118.675 MHz (Hang Gliders/Paragliders) 121.600 MHz (Fire Service) Aeronautical Navigational Aids and Radar
Aeronautical Ground Station (Operations Controls)
Aircraft Licence (including Aircraft (Transportable)) 1. An applicant must undertake to use the radio equipment in an aircraft or similar airborne apparatus. 2. An applicant must possess a Flight Radiotelephony Operators Certificate of Competence issued by the Secretary of State under Article 21 of the Air Navigation Order 2000[20]. This is issued by the Civil Aviation Authority (CAA)[21] on behalf of the Secretary of State. 3. An applicant who is a glider pilot and who undertakes to operate only on the nominated glider frequencies is exempt from the requirement in paragraph 2 of Part 2 of this Schedule. Aeronautical Ground Station Air Traffic/Ground Movement Control 4. An applicant must be in an official position in an air traffic control capacity. 5. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station Air Traffic/Ground Movement Control Licence is an aeronautical navigation installation assessed as fit for purpose under the Air Navigation Order 2000 by the Civil Aviation Authority's Air Traffic Safety Standards Department[22]. Aeronautical Ground Station Airfield Flight Information Service 6. An applicant must undertake to use the assigned frequencies solely for the purposes of operation control. "Operation control" means the exercise of authority over the initiation, continuation, or diversion of a flight in the interest of safety of the aircraft and the regularity and efficiency of the flight[23]. 7. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station Airfield Flight Information Service Licence is an aeronautical navigation installation assessed as fit for purpose under the Air Navigation Order 2000 by the Civil Aviation Authority's Air Traffic Safety Standards Department. Aeronautical Ground Station (General Aviation) 8. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (General Aviation) Licence is an aeronautical navigation installation assessed as fit for purpose under the Air Navigation Order 2000 by the Civil Aviation Authority's Air Traffic Safety Standards Department. Aeronautical Navigational Aids and Radar 9. An applicant must prove that the equipment he intends to use under an Aeronautical Navigational Aids and Radar Licence is an aeronautical navigation installation assessed as fit for purpose under the Air Navigation Order 2000 by the Civil Aviation Authority's Air Traffic Safety Standards Department. 10. The availability of the Aeronautical Ground Station Air Traffic/Ground Movement Control Licence, Aeronautical Ground Station Airfield Flight Information Service Licence and Aeronautical Ground Station (General Aviation) Licence is limited in any particular location at these frequencies by the technical frequency assignment criteria set out in Aeronautical Wireless Telegraphy Act Radio Licences (Including Technical Frequency Assignment Criteria) Published by the RA[24]. 11. All applications for licences are considered (and any technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form. 12. Applicants must undertake to use the assigned frequencies soley for the transmission and reception of signals as part of the "aeronatautical radio or radio navigation (including satellite) service" as defined in Article 1 of the Radio Regulations. Amateur Radio Foundation
Amateur Radio Intermediate (A) and (B) Available for use by Amateur Radio Intermediate (A) licence holders only
Available for use by Amateur Radio Intermediate (A) and (B) licence holders
Amateur Radio Full (A) and (B) Available for use by Amateur Radio Full (A) licence holders only
Available for use by Amateur Radio Full (A) and (B) licence holders
Amateur Radio Foundation 1. An applicant must possess a valid pass certificate for the Foundation Amateur Radio Examination or equivalent examination. Amateur Radio Intermediate (A) 2. An applicant must possess:
(b) a valid pass certificate for the Radiocommunications Agency Intermediate Radio Amateur Examination or equivalent examination; and (c) a valid pass slip for the Radiocommunications Agency Amateur Radio Morse Test or equivalent test.
Amateur Radio Intermediate (B)
(b) a valid pass certificate for the Radiocommunications Agency Intermediate Radio Amateur Examination or equivalent examination.
Amateur Radio Full (A) and (B)
(b) a valid pass certificate for the City and Guilds of London Institute[25] 7307-Radio Amateur Examination or equivalent examination.
5.
An applicant for the Amateur Radio Full (A) licence must have a valid pass slip for the Radiocommunications Agency Amateur Radio Morse Test or equivalent test. 6. None. 1. Frequencies assigned to a Non-Operational Development Licence and Non-Operational Temporary Licence will be suitable for the particular type of product being developed. Non-Operational Development 2. Applicants must be seeking authority to use spectrum on a non-commercial, non-permanent basis to build innovative spectrum apparatus or equipment or undertake academic or scientific research. Non-Operational Temporary 3. Applicants must be seeking authority to use spectrum on a non-commercial, non-permanent basis to trial a new system or radio concept or demonstrate a new system or radio concept. 4. The availability of these licences is limited in any particular location on a case by case basis depending upon the nature of the product being developed and the technical frequency assignment criteria which are appropriate for the frequencies which the product will use. 1. In this Schedule "Private Business Radio Use" means use of radio which is commercial in nature and includes uses which are for the management or control of an organisation. National and Regional Private Business Radio On-Site Private Business Radio for Speech and Data Systems[26] Private Business Radio Suppliers Private Business Radio UK General Wide Area Private Business Radio for Speech and Data Systems 55.75-87.50 MHz 137.95-215.30 MHz 425.0-462.50 MHz On-Site Private Business Radio for Local Communications Systems 137.95-215.30 MHz 425.0-462.50 MHz Private Business Radio IR2008 Data 55.75-87.50 MHz 137.95-215.30 MHz Wide Area Private Business Radio for Distress Alarm Systems 137.95-215.30 MHz Self-Select One-Way Paging 26.225-26.9325 MHz 48.968750-49.493750 MHz 425.0-462.5 MHz On-Site Private Business Radio for One-way Paging and Speech Systems 425.0-462.5 MHz Wide Area Private Business Radio for One-way Paging and Speech Systems 137.96250-153.48750 MHz 425.0-462.5 MHz On-Site Private Business Radio for Hospital Paging and Emergency Speech Systems 31.71250-31.78750 MHz 48.968750-49.493750 MHz 159.63125-164.20625 MHz Railways GSM-R 876-880 MHz 921-925 MHz Public Safety Radio 380-400 MHz On-Site Private Business Radio for Hospital Paging and Emergency Speech Systems 2. An applicant must be engaged in the management of a hospital or medical facility. Private Business Radio Suppliers 3. An applicant must be engaged in the hire, supply or demonstration of private business radio equipment. Public Safety Radio 4. An applicant must be engaged in activities related to public safety. Railways GSM-R Networks 5. An applicant must be engaged in a business related to railways. 6. Applicants for licences must undertake to operate under any licence granted solely for the purposes of private business radio. 7. The availability of licences (save in respect of the Private Business Radio Suppliers Licence, the Private Business Radio UK General Licence and the Self-Select One-Way Paging Licence) is limited in any particular location at these frequencies by the technical frequency assignment criteria set out in Technical Frequency Assignment Criteria for Private Business Radio published by the RA[27]. 8. All applications for licences are considered (and any technical frequency assignment criteria applied) in the order of receipt of each correctly completed application form. (This note is not part of the Order) This Order is made under section 164 of the Communications Act 2003 ("the Act"). Section 164 of the Act implements Article 7(1)(c) of the Directive of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (2002/20/EC). Under section 164(1) OFCOM may, 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, make an order imposing the limitations. This Order is made by the Secretary of State, rather than by OFCOM, in accordance with section 408 of the Act and article 3(1) of the Communications Act 2003 (Commencement No. 1) Order 2003 made under section 411 of the Act bringing section 164 into force. As required by section 164(2) of the Act this Order specifies the uses and the frequencies for which the Secretary of State will grant only a limited number of wireless telegraphy licences. The uses and frequencies are set out in Part 1 of each of Schedules 1 to 11. The frequencies are listed under class of licence. The uses are:
(b) broadband fixed wireless access; (c) programme making and special events; (d) public electronic communications networks; (e) fixed terrestrial radio links; (f) satellite services; (g) maritime; (h) aeronautical; (i) amateur radio; (j) technology development; and (k) private business radio.
As required by section 164(3), this Order also sets out the criteria which the Secretary of State will apply in determining the limit on the number of wireless telegraphy licenses and the persons to whom licences will be granted. The criteria are set out in Part 2 and Part 3 of each of Schedules 1 to 11.
(b) paragraph 2 of Part 3 of Schedule 3; (c) paragraph 4 of Part 3 of Schedule 4; (d) paragraph 2 of Part 3 of Schedule 5; (e) paragraph 2 of Part 3 of Schedule 6; (f) paragraph 9 of Part 3 of Schedule 7; (g) paragraph 10 of Part 3 of Schedule 8; and (h) paragraph 7 of Part 3 of Schedule 11
may be obtained from the Radiocommunications Agency Library at Wyndham House, 189 Marsh Wall, London E14 9SX (Tel: 020 7211 0211) or on the Agency's website at www.radio.gov.uk. Notes: [1] 2003 c. 21.back [2] S.I. 2003/1900 (c. 77).back [3] The Constitution and Convention of the International Telecommunication Union were adopted in Geneva in 1992 and ratified by the United Kingdom in 1994 (Cm 3145). They were modified by the Plenipotentiary Conference in Kyoto in 1994 as ratified by the United Kingdom in 1997 (Cm 3779).back [7] Reference RA244 (June 2003).back [9] Reference PIN100 (June 2003).back [11] Reference RA307 (June 2003).back [12] The publications are: Technical Frequency Assignment Criteria for 1.4 GHz (MPT 1417 pt 4) Reference RA349 (June 2003);back [13] The publications are: Licensing Procedures Manual for Permanent Earth Station Applications (April 2002), Licensing Procedure Manual for Transportable Earth Station Applications (May 2002) and Licensing Procedures Manual for Satellite Network Applications (September 2002).back [14] Article 5.353A of the Radio Regulations applies.back [15] Article 5.353A of the Radio Regulations applies.back [16] The Maritime and Coastguard Agency can be contacted at MCA, Tutt Head, Mumbles, Swansea, West Glamorgan SA3 4HW.back [18] Reference RA290 Revision 6 (June 2003).back [19] Article 5.357A of the Radio Regulations applies.back [21] The Civil Aviation Authority can be contacted at Radio Licensing Section, Directorate of Airspace Policy, CAA House, K6G6, 45-59 Kingsway, London WC2B 6TE.back [22] All new aeronautical navigation installations must have been assessed as fit for purpose under the Air Navigation Order 2000 by the Civil Aviation Authority's Air Traffic Safety Standards Department before a radio licence can be issued.back [23] The same definition of "operation control" appears at Annex 6, Part 1 and 3, chapter 1a of the Convention on Inernational Civil Aviation (also known as the Chicago Convention).back [24] Reference RA417 (June 2003).back [25] The City and Guilds of London Institute can be contacted at 1 Giltspur Street, London EC1A 9DD.back [26] Incorporates the frequencies for the former On-Site Religious Observance Licence (425.0-462.5 MHz).back [27] Reference RA418 (June 2003).back
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