Wireless Telegraphy Act 2006 (c. 36)

(The document as of February, 2008)

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(5) A wireless telegraphy licence granted in accordance with the regulations must specify--

(a) the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the licence; or

(b) the method for determining that sum or those sums;

and that sum or those sums must be paid to OFCOM by the person to whom the licence is granted in accordance with the terms of the licence.

(6) In determining the sum or sums payable in respect of a wireless telegraphy licence, regard may be had to bids made for other wireless telegraphy licences and for grants of recognised spectrum access.

(7) The regulations may provide that where a person--

(a) applies for a licence in accordance with a procedure provided for in the regulations, but

(b) subsequently refuses the licence applied for,

that person must make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the licence.

(8) Section 12(4) applies in relation to sums that will or may become payable under regulations under this section after the grant of a wireless telegraphy licence as it applies in relation to sums that will or may become payable under regulations under section 12.

15 Recovery

(1) This section applies in the case of a sum which is to be paid to OFCOM--

(a) under any provision of sections 12 to 14;

(b) in pursuance of any provision of any regulations under those sections; or

(2) The sum must be paid to OFCOM as soon as it becomes due in accordance with that provision or those terms and, if it is not paid, it is to be recoverable by them accordingly.

16 Regulations

(1) In its application to the powers of OFCOM to make regulations under sections 12 to 14, section 122 is subject to the following provisions of this section.

(2) Subsections (4) to (6) of section 122 do not apply in any case in which it appears to OFCOM that by reason of the urgency of the matter it is inexpedient to publish a notice in accordance with section 122(4)(b).

(3) Subsections (4) to (6) of section 122 do not apply in the case of any regulations under section 14 modifying previous regulations under section 14 in a case not falling within subsection (2) of this section, if it appears to OFCOM--

(a) that the modifications would not adversely affect the interests of any person or otherwise put him in a worse position or, as regards someone else, put him at a disadvantage; and

(b) in so far as the modifications affect a procedure that has already begun, that no person would have acted differently had the modifications come into force before the procedure began.

17 Sections 12 to 16: interpretation

References in sections 12 to 16 to the grant of a wireless telegraphy licence include references to the grant of a licence by way of renewal of a previous licence.

Chapter 2 Grants of recognised spectrum access

Making of grants

18 Grant of recognised spectrum access

(1) This section applies where--

(a) a person is proposing to use or to continue to use a wireless telegraphy station or wireless telegraphy apparatus;

(b) the circumstances of the use are circumstances specified for the purposes of this section in regulations made by OFCOM;

(c) that use does not require a wireless telegraphy licence but will involve the emission of electromagnetic energy with a view to the reception of anything at places in the United Kingdom or in UK territorial sea.

(2) For the purposes of this section it is immaterial whether the emissions are from a place within the United Kingdom or from a place outside the United Kingdom.

(3) On an application by that person, OFCOM may make a grant of recognised spectrum access in respect of any use by him of anything for wireless telegraphy that is specified in the grant.

(4) A grant of recognised spectrum access made to a person shall set out, by reference to such factors as 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.

(5) A grant of recognised spectrum access to a person is made by giving him a notification containing the grant.

(6) A grant of recognised spectrum access may be made subject to such restrictions and conditions as 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.

(7) The restrictions and conditions of a grant of recognised spectrum access made to a person must not duplicate obligations already imposed on him by general conditions set under section 45 of the Communications Act 2003 (c. 21) (power of OFCOM to set conditions in relation to electronic communications networks and services).

(8) Where a grant of recognised spectrum access is made subject to restrictions and conditions, the restrictions and conditions must be set out in the notification by which the grant is made.

19 Procedure

Schedule 2 (which makes provision about the making, revocation and modification of grants of recognised spectrum access) has effect.

20 Effect of grant of recognised spectrum access

(1) This section applies to--

(a) OFCOM's functions under sections 8 and 9 with respect to the granting of wireless telegraphy licences;

(b) their functions under section 18 with respect to the making of grants of recognised spectrum access; and

(c) any of their other radio spectrum functions in the carrying out of which it is appropriate for them to have regard to--

(i) whether wireless telegraphy licences are in force, or

(ii) the terms, provisions or limitations of wireless telegraphy licences that are in force.

(2) In carrying out those functions, OFCOM must take into account--

(a) the existence of any grant of recognised spectrum access that is in force, and

(b) the provisions imposing the restrictions and conditions subject to which such a grant has effect,

to the same extent as they would take into account a wireless telegraphy licence with terms, provisions or limitations making equivalent provision.

Charges etc

21 Charges for grant of recognised spectrum access

(1) A person to whom a grant of recognised spectrum access is made must pay to OFCOM--

(a) on the making of the grant, and

(b) if regulations made by OFCOM so provide, subsequently at such times during its term and such times in respect of its modification or revocation as may be prescribed by the regulations,

the sums described in subsection (2).

(2) The sums are--

(a) such sums as OFCOM may prescribe by regulations, or

(b) if regulations made by OFCOM so provide, such sums (whether on the making of the grant or subsequently) as OFCOM may determine in the particular case.

(3) Regulations under this section may--

(a) confer exemptions from provisions of the regulations in particular cases; and

(b) provide for sums paid to be refunded, in whole or in part, in such cases as may be specified in the regulations or in such cases as OFCOM think fit.

(4) On the making of a grant of recognised spectrum access in respect of which sums will or may subsequently become payable under regulations under this section, OFCOM may require such security to be given, by way of deposit or otherwise, for the payment of those sums as they think fit.

(5) Regulations under this section do not apply in relation to a grant of recognised spectrum access made in accordance with regulations under section 23.

22 Matters taken into account

(1) This section applies where OFCOM exercise a power under section 21 to prescribe sums payable in respect of grants of recognised spectrum access, other than a power to prescribe sums payable where a grant is modified or revoked at the request or with the consent of the holder of the grant.

(2) OFCOM may, if they think fit in the light (in particular) of the matters to which they must have regard under section 3, prescribe sums greater than those necessary to recover costs incurred by them in connection with their radio spectrum functions.

(3) "Prescribe" means prescribe by regulations or determine in accordance with regulations.

23 Bidding for grants

(1) Having regard to the desirability of promoting the optimal use of the electromagnetic spectrum, OFCOM may by regulations provide that, in such cases as may be specified in the regulations, applications for grants of recognised spectrum access must be made in accordance with a procedure that involves the making by the applicant of a bid specifying an amount that he is willing to pay to OFCOM in respect of the grant.

(2) The regulations may make provision with respect to--

(a) the grants to which they apply; and

(b) the restrictions and conditions subject to which such grants are made.

(3) The regulations may, in particular--

(a) require the applicant's bid to specify the amount he is willing to pay;

(b) require that amount to be expressed--

(i) as a cash sum;

(ii) as a sum determined by reference to a variable (such as income attributable wholly or in part to the use of wireless telegraphy to which the grant relates);

(iii) as a combination of the two; or

(iv) (at the applicant's choice) in any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;

(i) the making of a single payment;

(ii) the making of periodic payments;

(iii) a combination of the two; or

(iv) (at the applicant's choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;

(d) specify requirements (for example, technical or financial requirements, requirements relating to the use of wireless telegraphy to which the grant relates and requirements intended to restrict the holding of two or more grants of recognised spectrum access by any one person) which must be met by applicants for a grant;

(e) require an applicant to pay a deposit to OFCOM;

(f) specify circumstances in which a deposit is, or is not, to be refundable;

(g) specify matters to be taken into account by OFCOM (in addition to the bids made in accordance with the procedure provided for in the regulations) in deciding whether, or to whom, to make a grant of recognised spectrum access;

(h) specify the other restrictions and conditions subject to which a grant to which the regulations apply is to be made;

(i) make any provision referred to in section 21(3).

(4) Regulations do not require OFCOM to make a grant of recognised spectrum access on the completion of the procedure provided for in the regulations, except in such circumstances as may be provided for in the regulations.

(5) A grant of recognised spectrum access made in accordance with the regulations must specify--

(a) the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the grant; or

(b) the method for determining that sum or those sums;

and that sum or those sums must be paid to OFCOM by the person to whom the grant is made in accordance with the terms of the grant.

(6) In determining the sum or sums payable in respect of a grant, regard may be had to bids made for other grants of recognised spectrum access and for wireless telegraphy licences.

(7) The regulations may provide that where a person--

(a) applies for a grant of recognised spectrum access in accordance with a procedure provided for in the regulations, but

(b) subsequently refuses the grant applied for,

that person must make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the grant.

(8) Section 21(4) applies in relation to sums that will or may become payable under regulations under this section after the making of a grant of recognised spectrum access as it applies in relation to sums that will or may become payable under regulations under section 21.

24 Recovery

(1) This section applies in the case of a sum which is to be paid to OFCOM--

(a) under any provision of sections 21 to 23;

(b) in pursuance of any provision of any regulations under those sections; or

(2) The sum must be paid to OFCOM as soon as it becomes due in accordance with that provision or those conditions and, if it is not paid, it is to be recoverable by them accordingly.

25 Regulations

(1) In its application to the powers of OFCOM to make regulations under sections 21 to 23, section 122 is subject to the following provisions of this section.

(3) Subsections (4) to (6) of section 122 do not apply in the case of any regulations under section 23 modifying previous regulations under section 23 in a case not falling within subsection (2) of this section, if it appears to OFCOM--

(a) that the modifications would not adversely affect the interests of any person or otherwise put him in a worse position or, as regards someone else, put him at a disadvantage; and

(b) in so far as the modifications affect a procedure that has already begun, that no person would have acted differently had the modifications come into force before the procedure began.

26 Sections 21 to 25: interpretation

References in sections 21 to 25 to the making of a grant of recognised spectrum access include references to the making of a grant by way of renewal of a previous grant.

Chapter 3 Management of radio spectrum

General

27 Conversion into and from wireless telegraphy licences

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.

28 Payments by the Crown

(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 wireless telegraphy station;

(b) the installation and use, by or on behalf of the Crown, of wireless telegraphy apparatus;

(2) The payments made under this section are to be made--

(a) at such times, and

(b) so far as made in relation to use, in relation to such periods,

as the Secretary of State considers appropriate.

29 Limitations on authorised spectrum use

(1) If they consider it appropriate to impose limitations on the use of particular frequencies for the purpose of securing the efficient use of the electromagnetic spectrum, OFCOM must make an order imposing the limitations.

(2) An order under this section may do one or both of the following--

(a) specify frequencies for the use of which OFCOM will grant or make only a limited number of wireless telegraphy licences and grants of recognised spectrum access; or

(b) specify uses for which, on specified frequencies, OFCOM will grant or make only a limited number of wireless telegraphy licences and grants of recognised spectrum access.

(3) Where OFCOM make an order under this section, it must set out the criteria which OFCOM will apply in determining in accordance with the order--

(a) the limit on the number of wireless telegraphy licences and grants of recognised spectrum access to be granted or made for the specified frequencies or uses;

(b) the persons to whom licences will be granted or grants of recognised spectrum access made.

(4) OFCOM must satisfy themselves that any criteria set out as a result of subsection (3) are--

(a) objectively justifiable in relation to the frequencies or uses to which they relate;

(b) not such as to discriminate unduly against particular persons or against a particular description of persons;

(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.

30 Spectrum trading

(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;

(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.

Wireless telegraphy register

31 Wireless telegraphy register

(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.

Statistical information

32 Statistical information

(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.

33 Failure to provide information etc

(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.

34 Statement of policy

(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.

Chapter 4 Enforcement

Unauthorised use etc

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 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.

36 Keeping available for unauthorised use

(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.

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