Statutory Instrument 2003 No. 2984

The Wireless Telegraphy (Licence Charges) (Amendment) (Channel Islands and Isle of Man) Regulations 2003

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2003 No. 2984

ELECTRONIC COMMUNICATIONS

The Wireless Telegraphy (Licence Charges) (Amendment) (Channel Islands and Isle of Man) Regulations 2003

	Made	19th November 2003
	Laid before Parliament	19th November 2003
	Coming into force	16th December 2003

Whereas the Secretary of State has published in the Jersey Gazette and newspapers circulating in the Bailiwick of Guernsey and in the Isle of Man the notice required by section 6(2) of the Wireless Telegraphy Act 1998 ("the 1998 Act")[1] and has considered the representations made to her within the time specified in the notice;

    Now, therefore, the Secretary of State, in exercise of the powers conferred on her by section 1 of the 1998 Act[2] and of all other powers enabling her in that behalf, and having regard to the matters specified in section 2(2) of the 1998 Act, hereby makes the following Regulations -

Citation, commencement and extent
    1.These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) (Channel Islands and Isle of Man) Regulations 2003 and shall come into force on 16th December 2003.

    2.These Regulations extend only to the Channel Islands and the Isle of Man.

Amendments
    3.The Wireless Telegraphy (Licence Charges) Regulations 2002[3] are hereby amended as follows -

(c) the licence is granted for a period of a year or longer; and

(d) the prescribed sum due for payment by the licensee is in excess of �100,000.

(7) Paragraph (8) shall also apply to a licensee where -

(8) If the Secretary of State receives notice from a licensee to which this paragraph applies of the licensee's intention to make payment in ten equal instalments of a sum equal to the prescribed sum referred to in paragraph (6) or equal to the total of the prescribed sums referred to in paragraph (7)(d) the licensee:

(9) Where at any time the licensee fails to make payment in accordance with paragraph (8) of this regulation, the total of the outstanding instalment payments shall become immediately due for payment.";

shall be substituted for all of the words from "(i) Coastal Station Radio;" to "(xviii) Wide Area Private Business Radio for Speech and Data Systems" ; and

Aeronautical

Aeronautical Ground Station (Fire)	�25	Yearly
Aeronautical Ground Station (High Frequency)	�350	Yearly
Aeronautical Ground Station (Offshore Platform)	�250	Yearly
Aeronautical Radar	�50	Yearly;"

Fixed Links

Self Co-ordinated Links

�50 per 65 GHz fixed link

Yearly;"

"on issue - �4,970

Thereafter:

- on the first anniversary of the issue of the licence - �6,440

- on the second and subsequent anniversary of the issue of the licence - �7,920"

for the figure "�7,920"; and

Un-co-ordinated Links

�50 for each 58 GHz fixed link

Yearly;"

(iii) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Fixed Site" the words "a single channel talk-back or radio microphone channel, a multi-channel talk back or radio microphone channel or a wide band channel" shall be substituted for the words "an occasional use channel or a restricted service programme sound link channel, the sum payable on issue in respect of such channel, and for any other variation of a licence," in the column under the heading "Variable sums";

(iv) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Link" after the words "For multi use type (1) channels:" in the column under the heading "Variable sums" -

(v) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Link" after the words "For multi use type (2) channels:" in the column under the heading "Variable sums" -

(vi) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Link" in the column under the heading "Variable sums";

"For programme sound link use:

�36 per channel of 12.5 kHz in the band 26-65 MHz"

the words "�195 per channel of 0.5 MHz in the band 1517-1525 MHz" shall be inserted in the next line;

"For restricted service programme sound link use:

�10 per channel of 12.5 KHz in the band 26-65 MHz

�30 per channel of 12.5 kHz in the band 65-470 MHz

�10 per channel of 12.5 in the band 470-1,000 MHz"

the words "�95 per channel of 0.5 MHz in the band 1517-1525 MHz" shall be inserted in the next line; and

(vii) under the heading "Programme Making and Special Events" and in relation to the licence class "Programme Making and Special Events Low Power" after the words "For a single channel radio microphone - " in the column under the heading "Variable sums" -

(viii) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Low Power"

"�2,160 per multi-use type (1) channel

�13,440 per multi-use type (2) channel";

shall be substituted for the words -

" �2,400 per request multi-channel or wideband channel

"�160 per shared UK multi-channel or wideband channel"

where they appear in the column under the heading "Variable sums"; and

(ix) under the heading "Public Wireless Networks" -

"Fixed Wireless Access (Guernsey)
28.0525-28.1645 GHz paired with 29.0605-29.1725 GHz	For each 2 x 112 MHz channel �1,800	Yearly
28.1925-28.3045 GHz paired with 29.2005-29.3125 GHz	For each 2 x 112 MHz channel �1,800	Yearly
28.3325-28.4445 paired with 29.3405-29.4525 GHz	For each 2 x 112 MHz channel �1,800	Yearly
Fixed Wireless Access (Jersey)
28.0525-28.1645 GHz paired with 29.0605-29.1725 GHz	For each 2 x 112 MHz channel �2,533	Yearly
28.1925-28.3045 GHz paired with 29.2005-29.3125 GHz	For each 2 x 112 MHz channel �2,533	Yearly
28.3325-28.4445 paired with 29.3405-29.4525 GHz	For each 2 x 112 MHz channel �2,533	Yearly
Fixed Wireless Access (Isle of Man)
28.0525-28.1645 GHz paired with 29.0605-29.1725 GHz	For each 2 x 112 MHz channel �2,133	Yearly
28.1925-28.3045 GHz paired with 29.2005-29.3125 GHz	For each 2 x 112 MHz channel �2,133	Yearly
28.3325-28.4445 GHz paired with 29.3405-29.4525 GHz	For each 2 x 112 MHz channel �2,133	Yearly; and"

(bb) the sum of "�10,395" shall be substituted for "�11,090" in the column under the heading "Variable sums" for the licence class Public Mobile Operator for licences at 410-430 MHz (for digital TETRA public access mobile radio);

(x) under the heading "Satellite Services" and in relation to the licence class "Permanent Earth Station" the words "provided that the appropriate sum shall not be less than �175" shall be inserted after the words "(which is based on the exclusivity of the radio frequency spectrum occupied by the licensee)"; and

(xi) under the heading "Science and Technology" -

Stephen Timms,
Minister of State for Energy, E-commerce and Postal Services, Department of Trade and Industry

19th November 2003

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2002 (S.I. 2002/1700) (the "Principal Regulations"). These Regulations extend only to the Channel Islands and the Isle of Man.

The Principal Regulations are amended by the addition of an option of payment of charges for certain wireless telegraphy licences granted under section 1 of the Wireless Telegraphy Act 1949 (c. 54) by ten monthly instalments rather than in one lump sum payment at the prescribed time. The option is available to licensees where charges for one or more than one licence are payable in respect of licences falling within one of the licence classes listed, the licence is (or the licences are) to be granted for a period greater than a year, payment is to be made at the same prescribed time and the charge or charges exceed �100,000.

The Principal Regulations have been amended to expand the list of licence classes which qualify for the reduction in the prescribed sum payable by a charity for licences in accordance with Regulation 5(2) of the Principal Regulations.

In the Aeronautical sector certain licence classes have been renamed. The Aeronautical Ground Station (Airfield Flight Information Service) class of licence has been renamed Aeronautical Ground Station (Air to Ground and Flight Information Service) and the charge has been altered. The Aeronautical Navigational Aids and Radar class of licence has been renamed Aeronautical Navigation Aids. New licence classes have also been added. The reduced charges which applied under the Aircraft licence, where aircraft had not recorded more than 100 flying hours, have been removed.

For Fixed Links, a new Self Co-ordinated Links class of licence has been added to the Principal Regulations, a new charging structure applies for the Scanning Telemetry licence class and the Un-co-ordinated Links licence class has been removed.

For the Programme Making and Special Events sector the charges payable on issue and variation of certain licence classes have been altered. New charges have been added for the Programme Making and Special Events Link licence class.

The fee payable in the Public Wireless Networks sector for the licence class Public Mobile Operator for licences at 410-430 MHz (for digital TETRA public access mobile radio) have been altered. New licence classes for Fixed Wireless Access have been introduced for Jersey, Guernsey and the Isle of Man.

In the Satellite Services sector a new minimum charge for a Permanent Earth Station licence is now set at �175.

In the Science and Technology sector the licence class Unspecified Temporary Radio Use has been renamed Non-Operational Temporary Use and the licence class Testing and Development has been renamed Non-Operational Development.

These Regulations have been made in accordance with the 1998 Act. Since the Communications Act 2003 ("the 2003 Act") has not been extended to the Channel Islands or the Isle of Man the amendments it makes to the 1998 Act do not apply to the Channel Islands or the Isle of Man. Separate regulations which amend the Principal Regulations for the United Kingdom have been made under the 1998 Act as amended by the 2003 Act.

A full regulatory impact assessment and report of the effect that these Regulations would have on the costs to business is available to the public from the Office of Communications Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the Office of Communications Internet web site at www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.

Notes:

[1]1998 c. 6.back

[2]Section 1 was extended to Jersey by S.I. 1998/1512, to Guernsey by S.I. 1998/1511, and to the Isle of Man by S.I. 1998/1510.back

[3]S.I. 2002/1700.back

ISBN0 11 048194 1

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