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Award and transfer of licences | |
162 Bidding for wireless telegraphy licences | |
(1) Section 3 of the Wireless Telegraphy Act 1998 (c. 6) (bidding for wireless | |
telegraphy licences) shall be amended as follows. | |
(2) The following shall cease to have effect— | 5 |
(a) in subsection (1), the words “or determined by him under” and | |
paragraph (a) (requirement to set out procedure for bidding in a notice | |
issued under regulations); and | |
(b) subsection (2) (matters to be included in regulations). | |
(3) In subsection (3) (provision that may be contained in regulations)— | 10 |
(a) for paragraph (a) there shall be substituted— | |
“(a) require the applicant’s bid to specify the amount he is | |
willing to pay; | |
(aa) require that amount to be expressed— | |
(i) as a cash sum; | 15 |
(ii) as a sum determined by reference to a variable | |
(such as income attributable wholly or in part to | |
the holding of the licence); | |
(iii) as a combination of the two; or | |
(iv) (at the applicant’s choice) in any one of the ways | 20 |
falling within the preceding sub-paragraphs that | |
is authorised by the regulations; | |
(ab) require that amount to be expressed in terms of— | |
(i) the making of a single payment; | |
(ii) the making of periodic payments; | 25 |
(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;” | |
(b) in paragraph (f), for “any licence” there shall be substituted “a licence | 30 |
to which the regulations apply”; and | |
(c) the word “and” shall be inserted at the end of paragraph (f) and | |
paragraph (h) shall cease to have effect. | |
(4) For subsection (4) (notice not to create binding obligation to grant licence) there | |
shall be substituted— | 35 |
“(4) Regulations under this section are not to be construed as binding | |
OFCOM to grant a licence on the completion of the procedure provided | |
for in the regulations except in such circumstances as may be provided | |
for in the regulations.” | |
(5) For subsection (5) (licence to specify the amount payable in accordance with | 40 |
the applicant’s bid) there shall be substituted— | |
“(5) A wireless telegraphy licence granted 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 licence; | 45 |
or | |
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(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 licence is granted in accordance with the terms of the licence.” | |
(6) For subsection (6) there shall be substituted— | |
“(5A) In determining the sum or sums payable in respect of a wireless | 5 |
telegraphy licence, regard may be had to bids made for other wireless | |
telegraphy licences and for grants of recognised spectrum access. | |
(5B) Regulations under this section may provide that where a person— | |
(a) makes an application for a licence in accordance with a | |
procedure provided for by such regulations, but | 10 |
(b) subsequently refuses the licence 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 licence. | |
(6) Subsection (4) of section 1 is to apply in relation to sums that will or | 15 |
may become payable under regulations under this section | |
subsequently to the grant of a wireless telegraphy licence as it applies | |
to sums that will or may become payable under that section.” | |
163 Spectrum trading | |
(1) OFCOM may by regulations authorise the transfer to another person by— | 20 |
(a) the holder of a wireless telegraphy licence, or | |
(b) the holder of a grant of recognised spectrum access, | |
of rights and obligations arising by virtue of such a licence or grant. | |
(2) The transfers that may be authorised by regulations under this section are— | |
(a) such transfers of all or any of the rights and obligations under a licence | 25 |
or grant as have the effect 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) such transfers of all or any those rights and obligations as have the | |
effect that the transferred rights and obligations become rights and | 30 |
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 the preceding paragraphs under which | |
the rights and obligations that are acquired by the transferee take | |
effect— | 35 |
(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 such a grant, as rights | |
and obligations under a wireless telegraphy licence. | 40 |
(3) Regulations authorising the transfer of rights and obligations under a wireless | |
telegraphy licence or grant of recognised spectrum access may— | |
(a) authorise a partial transfer to be made by reference to such factors and | |
apportionments, and to have effect in relation to such matters and | |
periods, as may be described in the regulations, or as may be | 45 |
determined in accordance with them; | |
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(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; | |
(c) require the approval or consent of OFCOM for the making of a transfer; | 5 |
(d) provide for a transfer to be effected by the surrender of a 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 | 10 |
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 in respect of | |
determinations made by OFCOM for the purposes of the regulations or | |
in respect of an approval or consent given for those purposes; | 15 |
(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; | 20 |
(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 | 25 |
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 | 30 |
grant of recognised spectrum access shall be void except to the extent that it is | |
made— | |
(a) in accordance with regulations under this section; or | |
(b) in accordance with a provision specified in subsection (5) | |
(5) That provision is a provision which— | 35 |
(a) is contained in a wireless telegraphy licence granted before the | |
commencement of this section or in the first or any subsequent renewal | |
after the commencement of this section 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 | 40 |
relates. | |
(6) A transfer shall also be void if it is made in contravention of a direction given | |
by OFCOM in exercise of a power conferred by regulations under this section. | |
(7) Section 388 applies to the power of OFCOM to make regulations under this | |
section. | 45 |
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Variation and revocation of licences | |
164 Variation and revocation of wireless telegraphy licences | |
(1) For section 1E of the Wireless Telegraphy Act 1949 (c. 54) (variation and | |
revocation of licences for the provision of a telecommunication service) there | |
shall be substituted— | 5 |
“1E Variation or revocation of a licence | |
(1) Where OFCOM propose to vary or revoke a wireless telegraphy | |
licence, they shall give the person holding the licence a notification | |
under this subsection— | |
(a) stating the reasons for the proposed variation or revocation; and | 10 |
(b) specifying the period during which the person notified has an | |
opportunity to do the things specified in subsection (2). | |
(2) Those things are— | |
(a) making representations about the proposal; and | |
(b) if the proposal is the result of a contravention of a term, | 15 |
provision or limitation of the licence, complying with that term, | |
provision or limitation. | |
(3) Subject to subsections (4) to (6), the period for doing those things must | |
be the period of one month beginning with the day after the one on | |
which the notification was given. | 20 |
(4) OFCOM may, if they think fit, allow a longer period for doing those | |
things either— | |
(a) by specifying a longer period in the notification; or | |
(b) by subsequently, on one or more occasions, extending the | |
specified period. | 25 |
(5) The person notified shall have a shorter period for doing those things if | |
a shorter period is agreed between OFCOM and the person notified. | |
(6) The person notified shall also have a shorter period if— | |
(a) OFCOM have reasonable grounds for believing that the case is | |
a case of serious and repeated contravention or an urgent case; | 30 |
(b) they have determined that, in the circumstances, a shorter | |
period would be appropriate; and | |
(c) the shorter period has been specified in the notification. | |
(7) A case is an urgent case if the failure to vary or revoke the licence will | |
result in, or create an immediate risk of— | 35 |
(a) a serious threat to the safety of the public, to public health or to | |
national security; or | |
(b) serious economic or operational problems for persons, other | |
than the person in contravention, who— | |
(i) use stations or apparatus for wireless telegraphy; or | 40 |
(ii) are communications providers or make associated | |
facilities available. | |
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(8) Subsection (1) does not apply to a proposal to vary or revoke a licence | |
if the proposal is made at the request or with the consent of the licence | |
holder. | |
(9) For the purposes of this section a contravention of a term, provision or | |
limitation of a licence is a repeated contravention, in relation to a | 5 |
proposal to vary or revoke a licence, if it falls within subsection (10). | |
(10) A contravention falls within this subsection if— | |
(a) a previous notification under subsection (1) has been given in | |
respect of the same contravention or in respect of another | |
contravention of a term, provision or limitation of the same | 10 |
licence; and | |
(b) the subsequent notification under that subsection is given no | |
more than twelve months after the day of the making by | |
OFCOM of a determination for the purposes of subsection (11) | |
that the contravention to which the previous notification related | 15 |
did occur. | |
(11) Where OFCOM have given a notification under subsection (1), they | |
shall, within the period of one month beginning with the end of the | |
period for the making of representations about the proposal contained | |
in that notification— | 20 |
(a) decide whether or not to vary or revoke the licence in | |
accordance with their proposal, or in accordance with that | |
proposal but with modifications; and | |
(b) give the person holding the licence a notification of their | |
decision. | 25 |
(12) The notification under subsection (11)— | |
(a) must be given no more than one week after the making of the | |
decision to which it relates; and | |
(b) must, in accordance with that decision, either vary or revoke the | |
licence or withdraw the proposal for a variation or revocation. | 30 |
(13) The reference in subsection (10) to a contravention of a term, provision | |
or limitation of the same licence includes a reference to a contravention | |
of a term, provision or limitation contained in a previous licence of | |
which the licence in question is a direct or indirect renewal. | |
(14) In this section, ‘communications provider’ and ‘associated facility’ | 35 |
have the same meaning as in the Communications Act 2003.” | |
(2) Nothing in this section is to apply in any case in which a notice under section | |
1E(1) of the Wireless Telegraphy Act 1949 (c. 54) was served before the | |
commencement of this section. | |
Wireless telegraphy register | 40 |
165 Wireless telegraphy register | |
(1) OFCOM may by regulations make provision for the establishment and | |
maintenance of a register of relevant information. | |
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(2) OFCOM are to 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— | 5 |
(a) the issue, 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 | 10 |
prescribed by regulations under this section, a register established by virtue of | |
subsection (1) shall be open to inspection by the public. | |
(5) Section 388 applies to the power of OFCOM to make regulations under this | |
section. | |
Information requirements | 15 |
166 Information requirements in relation to wireless telegraphy licences | |
(1) In Part 3 of the Wireless Telegraphy Act 1949 (c. 54) (supplemental provisions), | |
before section 14 there shall be inserted— | |
“13A Information requirements | |
(1) Subject to the following provisions of this section, OFCOM may require | 20 |
a person who is using or has established, installed or used a station or | |
apparatus for wireless telegraphy to provide OFCOM with all such | |
information relating to— | |
(a) the establishment, installation or use of the station or apparatus, | |
and | 25 |
(b) any related matters, | |
as OFCOM may require for statistical purposes. | |
(2) OFCOM are not to require the provision of information under this | |
section except— | |
(a) by a demand for the information that sets out OFCOM’s reasons | 30 |
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. | 35 |
(3) A demand for information required under this section must be | |
contained in the notice served on the person from whom the | |
information is required. | |
(4) A person required to provide information under this section must | |
provide it in such manner and within such reasonable period as may be | 40 |
specified by OFCOM. | |
(5) A person who fails to provide information in accordance with a | |
requirement of OFCOM under this section is guilty of an offence. | |
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(6) In proceedings against a person for an offence under subsection (5) it | |
shall be a defence for that 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 | 5 |
information after the end of that period. | |
(7) A person is guilty of an offence if— | |
(a) in pursuance of any requirement under this section, he provides | |
information that is false in any material particular; and | |
(b) at the time he provides it, he either knows it to be false or is | 10 |
reckless as to whether or not it is false. | |
13B Statement of policy on information gathering | |
(1) It shall be the duty of OFCOM to prepare and publish a statement of | |
their general policy with respect to— | |
(a) the exercise of their powers under section 13A; and | 15 |
(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 or revise their statement of policy under this | |
section, they must publish that statement or (as the case may be) the | 20 |
revised statement in such manner as they consider appropriate for | |
bringing it to the attention of the persons who, in their opinion, are | |
likely to be affected by it. | |
(4) It shall be the duty of OFCOM, in exercising the powers conferred on | |
them by section 13A to have regard to the statement for the time being | 25 |
in force under this section.” | |
(2) In section 14(1A) of that Act (summary offences carrying a maximum fine of | |
level 3 on the standard scale), before paragraph (f) there shall be inserted— | |
“(ea) any offence under section 13A(5) of this Act; or”. | |
Criminal proceedings etc. | 30 |
167 Contraventions of conditions for use of wireless telegraphy | |
(1) Where OFCOM determine that there are reasonable grounds for believing that | |
a person is contravening, or has contravened— | |
(a) a term, provision or limitation of a wireless telegraphy licence, or | |
(b) a term, provision or limitation of an exemption under the proviso to | 35 |
section 1(1) of the Wireless Telegraphy Act 1949 (c. 54) (exemptions | |
from licensing requirement), | |
they may give that person a notification under this section. | |
(2) A notification under this section is one which— | |
(a) sets out the determination made by OFCOM; | 40 |
(b) specifies the term, provision or limitation, and the contravention, in | |
respect of which that determination has been made; and | |
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