Wireless Telegraphy Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Wireless Telegraphy Bill [HL]

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 3 — Management of radio spectrum
14

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Recovery
(1)
This section applies in the case of a sum which is to be paid to OFCOM—
(a)
under any provision of sections 21 to 23;
(b)
in pursuance of any provision of any regulations under those sections;
or
5
(c)
because of any conditions contained as a result of those sections in a
grant of recognised spectrum access.
(2)
The sum must be paid to OFCOM as soon as it becomes due in accordance with
that provision or those conditions and, if it is not paid, it is to be recoverable by
them accordingly.
10
25
Regulations
(1)
In its application to the powers of OFCOM to make regulations under sections
21 to 23, section 122 is subject to the following provisions of this section.
(2)
Subsections (4) to (6) of section 122 do not apply in any case in which it appears
to OFCOM that by reason of the urgency of the matter it is inexpedient to
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publish a notice in accordance with section 122(4)(b).
(3)
Subsections (4) to (6) of section 122 do not apply in the case of any regulations
under section 23 modifying previous regulations under section 23 in a case not
falling within subsection (2) of this section, if it appears to OFCOM—
(a)
that the modifications would not adversely affect the interests of any
20
person or otherwise put him in a worse position or, as regards someone
else, put him at a disadvantage; and
(b)
in so far as the modifications affect a procedure that has already begun,
that no person would have acted differently had the modifications
come into force before the procedure began.
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26
Sections 21 to 25: interpretation
References in sections 21 to 25 to the making of a grant of recognised spectrum
access include references to the making of a grant by way of renewal of a
previous grant.
Chapter 3
30
Management of radio spectrum
General
27
Conversion into and from wireless telegraphy licences
OFCOM may by regulations make provision for—
(a)
the conversion, on the application of the licence holder, of a wireless
35
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.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 3 — Management of radio spectrum
15

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Payments 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—
(a)
the establishment and use, by or on behalf of the Crown, of a wireless
5
telegraphy station;
(b)
the installation and use, by or on behalf of the Crown, of wireless
telegraphy apparatus;
(c)
any grant of recognised spectrum access made to the Crown.
(2)
The payments made under this section are to be made—
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(a)
at such times, and
(b)
so far as made in relation to use, in relation to such periods,

as the Secretary of State considers appropriate.
29
Limitations on authorised spectrum use
(1)
If they consider it appropriate to impose limitations on the use of particular
15
frequencies for the purpose of securing the efficient use of the electromagnetic
spectrum, 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
20
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
25
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 recognised
30
spectrum access made.
(4)
OFCOM must satisfy themselves that any criteria set out as a result of
subsection (3) are—
(a)
objectively justifiable in relation to the frequencies or uses to which
they relate;
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(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)
OFCOM must exercise—
40
(a)
their powers under Chapter 1 of this Part with respect to wireless
telegraphy licences, and
(b)
their powers under Chapter 2 of this Part with respect to grants of
recognised spectrum access,

in accordance with the orders for the time being in force under this section.
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Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 3 — Management of radio spectrum
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(6)
OFCOM must keep under review any order for the time being in force under
this section.
(7)
OFCOM must 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 electromagnetic spectrum.
5
(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
10
provided for in such an order.
30
Spectrum trading
(1)
OFCOM may by regulations authorise the transfer to another person by—
(a)
the holder of a wireless telegraphy licence, or
(b)
the holder of a grant of recognised spectrum access,
15

of rights and obligations arising as a result of such a licence or grant.
(2)
The transfers that may be so authorised are—
(a)
transfers of all or any of the rights and obligations under a licence or
grant such that the rights and obligations of the person making the
transfer become rights and obligations of the transferee to the exclusion
20
of the person making the transfer;
(b)
transfers of all or any of those rights and obligations such that the
transferred rights and obligations become rights and obligations of the
transferee while continuing, concurrently, to be rights and obligations
of the person making the transfer; and
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(c)
transfers falling within either of paragraphs (a) and (b) under which the
rights and obligations that are acquired by the transferee take effect—
(i)
if they are rights and obligations under a wireless telegraphy
licence, as rights and obligations under a grant of recognised
spectrum access; and
30
(ii)
if they are rights and obligations under a grant of recognised
spectrum access, as rights and obligations under a wireless
telegraphy licence.
(3)
Regulations authorising the transfer of rights and obligations under a wireless
telegraphy licence or a grant of recognised spectrum access may—
35
(a)
authorise a partial transfer—
(i)
to be made by reference to such factors and apportionments,
and
(ii)
to have effect in relation to such matters and periods,

as may be described in, or determined in accordance with, the
40
regulations;
(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;
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(c)
require the approval or consent of OFCOM for the making of a transfer;

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 3 — Management of radio spectrum
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(d)
provide for a transfer to be effected by the surrender of a wireless
telegraphy 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
5
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—
(i)
in respect of determinations made by OFCOM for the purposes
of the regulations, or
10
(ii)
in respect of an approval or consent given for those purposes;
(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
15
such regulations is to be returned or may be retained;
(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;
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(j)
impose requirements as to the records to be kept in connection with any
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.
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(4)
The transfer of rights and obligations under a wireless telegraphy licence or
grant of recognised spectrum access is void except to the extent that it is
made—
(a)
in accordance with regulations under this section; or
(b)
in accordance with a provision falling within subsection (5).
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(5)
The provision is one which—
(a)
is contained in a wireless telegraphy licence granted before 29th
December 2003 or in the first or any subsequent renewal on or after that
date of a licence so granted; and
(b)
allows the holder of the licence to confer the benefit of the licence on
35
another in respect of any station or apparatus to which the licence
relates.
(6)
A transfer is also void if it is made in contravention of a direction given by
OFCOM in exercise of a power conferred by regulations under this section.
Wireless telegraphy register
40
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Wireless telegraphy register
(1)
OFCOM may by regulations make provision for the establishment and
maintenance of a register of relevant information.
(2)
OFCOM may include relevant information in the register if, and only if, it is
relevant information of a description prescribed by regulations under this
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section.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 3 — Management of radio spectrum
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(3)
Information is relevant information for the purposes of subsection (1) if it
relates to—
(a)
the grant, renewal, transfer, variation or revocation of wireless
telegraphy licences; or
(b)
the making, renewal, transfer, modification or revocation of grants of
5
recognised spectrum access.
(4)
Subject to such conditions (including conditions as to payment) as may be
prescribed by regulations under this section, a register established by virtue of
subsection (1) is to be open to inspection by the public.
Statistical information
10
32
Statistical information
(1)
OFCOM may require a person who is using or has established, installed or
used a wireless telegraphy station or wireless telegraphy apparatus to provide
OFCOM with all such information relating to—
(a)
the establishment, installation or use of the station or apparatus, and
15
(b)
any related matters,

as OFCOM may require for statistical purposes.
(2)
Subsection (1) has effect subject to the following provisions of this section.
(3)
OFCOM may not require the provision of information under this section
except—
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(a)
by a demand for information that sets out OFCOM’s reasons 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
25
OFCOM’s functions.
(4)
A demand for information required under this section must be contained in a
notice given to the person from whom the information is required.
(5)
A person required to give information under this section must provide it in
such manner and within such reasonable period as may be specified by
30
OFCOM.
33
Failure to provide information etc
(1)
A person commits an offence if he fails to provide information in accordance
with a requirement of OFCOM under section 32.
(2)
In proceedings against a person for an offence under subsection (1) it is a
35
defence for the 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
information after the end of that period.
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(3)
A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 4 — Enforcement
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(4)
A person commits an offence if—
(a)
in pursuance of a requirement under section 32, he provides
information that is false in any material particular; and
(b)
at the time he provides it, he knows it to be false or is reckless as to
whether or not it is false.
5
(5)
A person who commits an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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Statement of policy
(1)
OFCOM must prepare and publish a statement of their general policy with
respect to—
10
(a)
the exercise of their powers under section 32; and
(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 a statement under this section (or revise it), they must
15
publish the statement (or the revised statement) in such manner as they
consider appropriate for bringing it to the attention of persons who, in their
opinion, are likely to be affected by it.
(4)
OFCOM must, in exercising their powers under section 32, have regard to the
statement for the time being in force under this section.
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Chapter 4
Enforcement
Unauthorised use etc
35
Unauthorised use etc of wireless telegraphy station or apparatus
(1)
A person commits an offence if he contravenes section 8.
25
(2)
A person who commits an offence under this section consisting in the
establishment or use of a wireless telegraphy station, or the installation or use
of wireless telegraphy apparatus, for the purpose of making a broadcast is
liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
30
months or to a fine not exceeding the statutory maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine or to both.
(3)
In the application of subsection (2) to Scotland or Northern Ireland the
reference to 12 months is to be read as a reference to six months.
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(4)
A person who commits an offence under this section consisting in the
installation or use of receiving apparatus is liable on summary conviction to a
fine not exceeding level 3 on the standard scale.
(5)
A person who commits an offence under this section other than one falling
within subsection (2) or (4) is liable on summary conviction to imprisonment
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Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 4 — Enforcement
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for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the
standard scale or to both.
(6)
In the application of subsection (5) to Scotland or Northern Ireland the
reference to 51 weeks is to be read as a reference to six months.
(7)
In this section “broadcast” has the same meaning as in Part 5.
5
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Keeping available for unauthorised use
(1)
A person who has a wireless telegraphy station or wireless telegraphy
apparatus in his possession or under his control commits an offence if—
(a)
he intends to use it in contravention of section 8; or
(b)
he knows, or has reasonable cause to believe, that another person
10
intends to use it in contravention of that section.
(2)
A person who commits an offence under this section where the relevant
contravention of section 8 would constitute an offence to which section 35(2)
applies is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
15
months or to a fine not exceeding the statutory maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine or to both.
(3)
In the application of subsection (2) to Scotland or Northern Ireland the
reference to 12 months is to be read as a reference to six months.
20
(4)
A person who commits an offence under this section in relation to receiving
apparatus is liable on summary conviction to a fine not exceeding level 3 on the
standard scale.
(5)
A person who commits an offence under this section other than one falling
within subsection (2) or (4) is liable on summary conviction to imprisonment
25
for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the
standard scale or to both.
(6)
In the application of subsection (5) to Scotland or Northern Ireland the
reference to 51 weeks is to be read as a reference to six months.
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Allowing premises to be used for unlawful broadcasting
30
(1)
A person who is in charge of premises that are used for unlawful broadcasting
commits an offence if—
(a)
he knowingly causes or permits the premises to be so used; or
(b)
he has reasonable cause to believe that the premises are being so used
but fails to take such steps as are reasonable in the circumstances of the
35
case to prevent them from being so used.
(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
40
two years or to a fine or to both.
(3)
In the application of subsection (2) to Scotland or Northern Ireland the
reference to 12 months is to be read as a reference to six months.