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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 that section.” | |
157 Conversion into and from wireless telegraphy licences | |
(1) OFCOM may by regulations make provision for— | 25 |
(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. | |
(2) Section 388 applies to the power of OFCOM to make regulations under this | 30 |
section. | |
Crown use of the radio spectrum | |
158 Payments for use of radio spectrum 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— | 35 |
(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 wireless | |
telegraphy; | |
(c) any grant of recognised spectrum access made to the Crown. | 40 |
(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. | |
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(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. | |
Limitations and exemptions applied to spectrum use | |
159 Limitations on authorised spectrum use | |
(1) If they consider it appropriate, for the purpose of securing the efficient use of | 5 |
the electro-magnetic spectrum, to impose limitations on the use of particular | |
frequencies, 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 | 10 |
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 | 15 |
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 spectrum | 20 |
access made. | |
(4) OFCOM must satisfy themselves that any criteria set out by virtue of | |
subsection (3) are— | |
(a) objectively justifiable in relation to the frequencies or uses to which | |
they relate; | 25 |
(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) It shall be the duty of OFCOM to exercise the following powers in accordance | 30 |
with the orders for the time being in force under this section— | |
(a) their powers under the Wireless Telegraphy Act 1949 and the Wireless | |
Telegraphy Act 1998 (c. 6) with respect to wireless telegraphy licences; | |
and | |
(b) their powers under the Wireless Telegraphy Act 1998 and Chapter 2 of | 35 |
Part 2 of this Act with respect to grants of recognised spectrum access. | |
(6) OFCOM must keep under review any order for the time being in force under | |
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 | 40 |
necessary to do so for the purpose of securing the efficient use of the electro- | |
magnetic spectrum. | |
(8) An order under this section may make provision by reference to | |
determinations which— | |
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(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. | |
(9) Section 388 applies to the power of OFCOM to make an order under this | 5 |
section. | |
160 Terms etc. of wireless telegraphy licences | |
In section 1 of the Wireless Telegraphy Act 1949 (c. 54), after subsection (2) | |
(terms, provisions and limitations of the licence) there shall be inserted— | |
“(2A) Those terms, provisions and limitations may also include, in | 10 |
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; | |
(b) terms, provisions or limitations imposing prohibitions on the | |
transmission or broadcasting of particular matters by the holder | 15 |
of the licence; and | |
(c) terms or provisions requiring the transmission or broadcasting | |
of particular matters by that person. | |
(2B) A licence under this section may be granted either— | |
(a) in relation to a particular station or particular apparatus; or | 20 |
(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 | |
(including factors confined to the manner in which it is established, | |
installed or used) as OFCOM think fit. | 25 |
(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 41 of the Communications | |
Act 2003.” | |
161 Exemption from need for wireless telegraphy licence | 30 |
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 | |
as respects the use of stations or apparatus of any particular | |
description, they shall make regulations under section 1 of this Act | 35 |
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 | |
is not likely to involve any undue interference with wireless | |
telegraphy.” | 40 |
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