Wireless Telegraphy Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Wireless Telegraphy Bill [HL]

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 1 — Wireless telegraphy licences
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Reservation of spectrum for multiplex use
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Special duty in relation to television multiplexes
(1)
This section applies where OFCOM, in the exercise of their radio spectrum
functions, have reserved frequencies for the broadcasting of television
programmes.
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(2)
OFCOM must, in carrying out those functions, exercise their powers so as to
secure, so far as practicable, that the requirement in subsection (3) is satisfied.
(3)
The 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
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service.
(4)
“Licensed television multiplex service” means a television multiplex service
the provision of which is authorised by a licence under Part 1 of the
Broadcasting Act 1996 (c. 55).
(5)
“Qualifying service” and “television multiplex service” each has the same
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meaning as in Part 3 of the Communications Act 2003 (c. 21).
Part 2
Regulation of radio spectrum
Chapter 1
Wireless telegraphy licences
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Licensing of wireless telegraphy
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Licences and exemptions
(1)
It is unlawful—
(a)
to establish or use a wireless telegraphy station, or
(b)
to instal or use wireless telegraphy apparatus,
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except under and in accordance with a licence (a “wireless telegraphy licence”)
granted under this section by OFCOM.
(2)
Subsection (1) does not apply to—
(a)
the use of a television receiver (within the meaning of Part 4 of the
Communications Act 2003) for receiving a television programme; or
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(b)
the installation of a television receiver for use solely for that purpose.
(3)
OFCOM may by regulations exempt from subsection (1) the establishment,
installation or use of wireless telegraphy stations or wireless telegraphy
apparatus of such classes or descriptions as may be specified in the regulations,
either absolutely or subject to such terms, provisions and limitations as may be
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so specified.
(4)
If OFCOM are satisfied that the condition in subsection (5) is satisfied as
respects the use of stations or apparatus of a particular description, they must
make regulations under subsection (3) exempting the establishment,

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 1 — Wireless telegraphy licences
6

installation and use of a station or apparatus of that description from
subsection (1).
(5)
The condition is that the use of stations or apparatus of that description is not
likely to involve undue interference with wireless telegraphy.
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Terms, provisions and limitations
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(1)
A wireless telegraphy licence may be granted subject to such terms, provisions
and limitations as OFCOM think fit.
(2)
In the case of a licence to establish a station, the limitations may, in particular,
include limitations as to—
(a)
the position and nature of the station;
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(b)
the purpose for which, the circumstances in which and the persons by
whom the station may be used;
(c)
the apparatus that may be installed or used in the station.
(3)
In the case of any other licence, the limitations may, in particular, include
limitations as to—
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(a)
the apparatus that may be installed or used;
(b)
the places where, the purposes for which, the circumstances in which
and the persons by whom the apparatus may be used.
(4)
The terms, provisions and limitations may also include, in particular—
(a)
terms, provisions and limitations as to strength or type of signal, as to
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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 of the
licence;
(c)
terms or provisions requiring the transmission or broadcasting of
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particular matters by that person.
(5)
A wireless telegraphy licence may be granted—
(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;
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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.
(6)
The terms, provisions and limitations of a wireless telegraphy licence granted
to a person must not duplicate obligations already imposed on him by general
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conditions set under section 45 of the Communications Act 2003 (c. 21) (power
of OFCOM to set conditions in relation to electronic communications networks
and services).
(7)
In imposing terms, provisions or limitations on a wireless telegraphy licence,
OFCOM may impose only those that they are satisfied are—
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(a)
objectively justifiable in relation to the networks and services to which
they relate;
(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
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(d)
in relation to what they are intended to achieve, transparent.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 1 — Wireless telegraphy licences
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(8)
This section has effect subject to regulations under section 14.
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Procedure
Schedule 1 (which makes provision about the grant, revocation and variation
of wireless telegraphy licences) has effect.
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Surrender of licence
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(1)
Where a wireless telegraphy licence has expired or has been revoked, it is the
duty of—
(a)
the person to whom the licence was granted, and
(b)
any other person in whose possession or under whose control the
licence may be,
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to cause it to be surrendered to OFCOM if required by them to do so.
(2)
Subsection (1) does not apply to a licence that relates solely to receiving
apparatus.
(3)
A person commits an offence if—
(a)
he has a duty under subsection (1) to cause a wireless telegraphy
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licence to be surrendered to OFCOM; and
(b)
without reasonable excuse he fails or refuses to do so.
(4)
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
Charges etc
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Charges for grant of licence
(1)
A person to whom a wireless telegraphy licence is granted must pay to
OFCOM—
(a)
on the grant of the licence, and
(b)
if regulations made by OFCOM so provide, subsequently at such times
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during its term and such times in respect of its variation or revocation
as may be prescribed by the regulations,

the sums described in subsection (2).
(2)
The sums are—
(a)
such sums as OFCOM may prescribe by regulations, or
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(b)
if regulations made by OFCOM so provide, such sums (whether on the
grant of the licence or subsequently) as OFCOM may determine in the
particular case.
(3)
Regulations under this section may—
(a)
confer exemptions from provisions of the regulations in particular
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cases; and
(b)
provide for sums paid to be refunded, in whole or in part, in such cases
as may be specified in the regulations or in such cases as OFCOM think
fit.
(4)
On the grant of a licence in respect of which sums will or may subsequently
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become payable under regulations under this section, OFCOM may require

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 1 — Wireless telegraphy licences
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such security to be given, by way of deposit or otherwise, for the payment of
those sums as they think fit.
(5)
Regulations under this section do not apply in relation to a licence granted in
accordance with regulations under section 14.
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Matters taken into account
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(1)
This section applies where OFCOM exercise a power under section 12 to
prescribe sums payable in respect of wireless telegraphy licences, other than a
power to prescribe sums payable where a licence is varied or revoked at the
request or with the consent of the holder of the licence.
(2)
OFCOM may, if they think fit in the light (in particular) of the matters to which
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they must have regard under section 3, prescribe sums greater than those
necessary to recover costs incurred by them in connection with their radio
spectrum functions.
(3)
“Prescribe” means prescribe by regulations or determine in accordance with
regulations.
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14
Bidding for licences
(1)
Having regard to the desirability of promoting the optimal use of the
electromagnetic spectrum, OFCOM may by regulations provide that, in such
cases as may be specified in the regulations, applications for wireless
telegraphy licences must be made in accordance with a procedure that involves
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the making by the applicant of a bid specifying an amount that he is willing to
pay to OFCOM in respect of the licence.
(2)
The regulations may make provision with respect to—
(a)
the grant of the licences to which they apply; and
(b)
the terms, provisions and limitations subject to which such licences are
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granted.
(3)
The regulations may, in particular—
(a)
require the applicant’s bid to specify the amount he is willing to pay;
(b)
require that amount to be expressed—
(i)
as a cash sum;
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(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 falling within
sub-paragraphs (i) to (iii) that is authorised by the regulations;
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(c)
require that amount to be expressed in terms of—
(i)
the making of a single payment;
(ii)
the making of periodic payments;
(iii)
a combination of the two; or
(iv)
(at the applicant’s choice) any one of the ways falling within
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sub-paragraphs (i) to (iii) that is authorised by the regulations;
(d)
specify requirements (for example, technical or financial requirements,
requirements relating to fitness to hold the licence and requirements
intended to restrict the holding of two or more wireless telegraphy

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 1 — Wireless telegraphy licences
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licences by any one person) which must be met by applicants for a
licence;
(e)
require an applicant to pay a deposit to OFCOM;
(f)
specify circumstances in which a deposit is, or is not, to be refundable;
(g)
specify matters to be taken into account by OFCOM (in addition to the
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bids made in accordance with the procedure provided for in the
regulations) in deciding whether, or to whom, to grant a licence;
(h)
specify the other terms, provisions and limitations subject to which a
licence to which the regulations apply is to be granted;
(i)
make any provision referred to in section 12(3).
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(4)
Regulations do not require OFCOM to grant a wireless telegraphy 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)
A wireless telegraphy licence granted in accordance with the regulations must
specify—
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(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;
or
(b)
the method for determining that sum or those sums;

and that sum or those sums must be paid to OFCOM by the person to whom
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the licence is granted in accordance with the terms of the licence.
(6)
In determining the sum or sums payable in respect of a wireless telegraphy
licence, regard may be had to bids made for other wireless telegraphy licences
and for grants of recognised spectrum access.
(7)
The regulations may provide that where a person—
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(a)
applies for a licence in accordance with a procedure provided for in the
regulations, but
(b)
subsequently refuses the licence applied for,

that person must make such payments to OFCOM as may be determined in
accordance with the regulations by reference to bids made for the licence.
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(8)
Section 12(4) applies in relation to sums that will or may become payable under
regulations under this section after the grant of a wireless telegraphy licence as
it applies in relation to sums that will or may become payable under
regulations under section 12.
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Recovery
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(1)
This section applies in the case of a sum which is to be paid to OFCOM—
(a)
under any provision of sections 12 to 14;
(b)
in pursuance of any provision of any regulations under those sections;
or
(c)
because of any terms contained as a result of those sections in a wireless
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telegraphy licence.
(2)
The sum must be paid to OFCOM as soon as it becomes due in accordance with
that provision or those terms and, if it is not paid, it is to be recoverable by them
accordingly.