|
| |
| |
150 Advisory service in relation to interference | |
(1) It shall be a function of OFCOM to provide a service consisting in the giving of | |
advice and assistance to persons complaining of interference with wireless | |
telegraphy. | |
(2) In this section “interference”, in relation to wireless telegraphy, has the same | 5 |
meaning as in the Wireless Telegraphy Act 1949 (c. 54). | |
151 Directions with respect to the radio spectrum | |
(1) The Secretary of State may by order give general or specific directions to | |
OFCOM about the carrying out by OFCOM of their functions under the | |
enactments relating to the management of the radio spectrum. | 10 |
(2) The directions that may be given under this section include a direction | |
requiring OFCOM to secure that such frequencies of the electro-magnetic | |
spectrum as may be specified in the direction are kept available or become | |
available— | |
(a) for such uses or descriptions of uses, or | 15 |
(b) for such users or descriptions of users, | |
as may be so specified. | |
(3) The directions that may be given under this section include a direction | |
requiring OFCOM to exercise their powers under the provisions mentioned in | |
subsection (4)— | 20 |
(a) in such cases, | |
(b) in such manner, | |
(c) subject to such restrictions and constraints, and | |
(d) with a view to achieving such purposes, | |
as may be specified in the direction or as may be determined by the Secretary | 25 |
of State in accordance with the order. | |
(4) Those provisions are— | |
(a) the proviso to section 1 of the Wireless Telegraphy Act 1949 | |
(exemptions from requirement of wireless telegraphy licence); and | |
(b) sections 1 to 3A of the Wireless Telegraphy Act 1998 (c. 6) (payments in | 30 |
respect of wireless telegraphy licences and grants of recognised | |
spectrum access). | |
(5) This section is not to be construed as restricting the power of the Secretary of | |
State under section 5, without the making of an order, to give a direction for | |
any of the purposes for the time being specified in subsection (3) of that section. | 35 |
152 Procedure for directions under s. 151 | |
(1) An order containing a direction under section 151, if it is not one falling within | |
subsection (2) or (3) of that section, must state the purpose for which the | |
direction is given. | |
(2) Before making an order containing a direction under section 151, the Secretary | 40 |
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 | |
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 151 unless a draft of the order has been laid before | 5 |
Parliament and approved by a resolution of each House. | |
(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, | 10 |
that the urgency of the case is or has become such that he should make the | |
order straight away. | |
(6) Where under subsection (5) the Secretary of State makes an order containing a | |
direction under section 151 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 | 15 |
beginning with the day on which it was made unless, before the end of that | |
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 | 20 |
(b) in reckoning the period of forty days no account shall be taken of any | |
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 | |
153 Special duty in relation to television multiplexes | 25 |
(1) This section applies where OFCOM, in exercise of their functions under the | |
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, | 30 |
that the requirement of subsection (3) is satisfied. | |
(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. | 35 |
(4) In subsection (3) “licensed television multiplex service” means a television | |
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. | 40 |
| |
| |
|
| |
| |
Recognised spectrum access | |
154 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 41. | |
(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 392 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 |
| |
| |
|
| |
| |
155 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 154 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. | |
156 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 154 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 |
| |
| |
|
