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(2) Before making an order containing a direction under section 153, 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 | 5 |
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 153 unless a draft of the order has been laid before | |
Parliament and approved by a resolution of each House. | 10 |
(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 | 15 |
order straight away. | |
(6) Where under subsection (5) the Secretary of State makes an order containing a | |
direction under section 153 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 | 20 |
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 | 25 |
period during which Parliament is dissolved or prorogued or during | |
which both Houses are adjourned for more than four days. | |
Reservation of spectrum for multiplex use | |
155 Special duty in relation to television multiplexes | |
(1) This section applies where OFCOM, in exercise of their functions under the | 30 |
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. | 35 |
(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 | 40 |
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. | |
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Recognised spectrum access | |
156 Grant of recognised spectrum access | |
(1) This section applies where— | |
(a) a person is proposing to use or to continue to use a station or apparatus | |
for wireless telegraphy; | 5 |
(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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
and conditions as OFCOM think fit, including, in particular— | |
(a) restrictions or conditions as to strength or type of signal, as to times of | |
use and as to the sharing of frequencies; | |
(b) restrictions of, or conditions imposing prohibitions on, the | |
transmission or broadcasting of particular matters by the holder of the | 30 |
grant; and | |
(c) conditions requiring the transmission or broadcasting of particular | |
matters by that person. | |
(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 | 35 |
conditions set under section 42. | |
(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 | 40 |
modification of recognised spectrum access) shall have effect. | |
(9) Section 396 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. | 45 |
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157 Effect of grant of recognised spectrum access | |
(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; | 5 |
(b) their functions under section 156 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— | 10 |
(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— | 15 |
(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 | 20 |
with terms, provisions or limitations making equivalent provision. | |
158 Charges in respect of grants of recognised spectrum access | |
(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. | 25 |
(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 156 of the | |
Communications Act 2003 (recognised spectrum | 30 |
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, | 35 |
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 | 40 |
(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— | 45 |
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“3A Bidding for grants of recognised spectrum access | |
(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 | 5 |
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 | 10 |
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— | 15 |
(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 | 20 |
(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; | 25 |
(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; | 30 |
(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 | 35 |
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 | 40 |
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 | 45 |
(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. | 50 |
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(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 | 5 |
(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 | 10 |
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 | 15 |
(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 | 20 |
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.” | |
159 Conversion into and from wireless telegraphy licences | 25 |
(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. | 30 |
(2) Section 396 applies to the power of OFCOM to make regulations under this | |
section. | |
Crown use of the radio spectrum | |
160 Payments for use of radio spectrum by the Crown | |
(1) The Secretary of State may, out of money provided by Parliament, make | 35 |
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 | 40 |
wireless telegraphy; | |
(c) any grant of recognised spectrum access made to the Crown. | |
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(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. | 5 |
Limitations and exemptions applied to spectrum use | |
161 Limitations on authorised spectrum use | |
(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. | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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; | 30 |
(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 | 35 |
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 | 40 |
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. | 45 |
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(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 | 5 |
provided for in such an order. | |
(9) Section 396 applies to the power of OFCOM to make an order under this | |
section. | |
162 Terms etc. of wireless telegraphy licences | |
In section 1 of the Wireless Telegraphy Act 1949 (c. 54), after subsection (2) | 10 |
(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; | 15 |
(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. | 20 |
(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 | 25 |
(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 42 of the Communications | 30 |
Act 2003.” | |
163 Exemption from need for wireless telegraphy licence | |
After section 1 of the Wireless Telegraphy Act 1949 there shall be inserted— | |
“1AA Exemption from need for wireless telegraphy licence | |
(1) If OFCOM are satisfied that the condition in subsection (2) is satisfied | 35 |
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 | 40 |
is not likely to involve any undue interference with wireless | |
telegraphy.” | |
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