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]
Schedule 1 — Procedure for wireless telegraphy licences
74

Schedules
Schedule 1
Section 10

Procedure for wireless telegraphy licences
General procedure for applications
1     (1)
An application for a grant of a wireless telegraphy licence is to be
5
determined in accordance with procedures prescribed in regulations made
by OFCOM.
      (2)
The procedures must include provision for—
(a)
time limits for dealing with the granting of licences;
(b)
requirements that must be met for the grant of a licence;
10
(c)
particulars of the terms, provisions and limitations to which a licence
may be made subject.
Time limits
2     (1)
The time limits fixed for the purposes of paragraph 1(2) must require a
decision on the application to be made, notified to the applicant and
15
published—
(a)
in the case of an application for a licence relating to a frequency
allocated in accordance with the United Kingdom Plan for
Frequency Authorisation, not more than six weeks after the day of
the receipt of the application; and
20
(b)
in any other case, as soon as possible after the receipt of the
application.
      (2)
The period of six weeks specified in sub-paragraph (1)(a) may be extended
by OFCOM where it appears to them necessary to do so—
(a)
for the purpose of enabling the requirements of any international
25
agreement relating to frequencies, to orbital positions or to satellite
co-ordination to be complied with; or
(b)
in a case where a determination falls to be made as to which of a
number of applicants is the more or most suitable to be licensed, for
the purpose of securing that the procedure for the making of that
30
determination is fair, reasonable, open and transparent.
      (3)
The period may not be extended by virtue of sub-paragraph (2)(b) by more
than eight months.
Information to be provided in connection with applications
3
The grounds on which a licence may be refused by OFCOM include a failure
35
by the applicant to provide information which OFCOM reasonably require

Wireless Telegraphy Bill [HL]
Schedule 1 — Procedure for wireless telegraphy licences
75

in order to satisfy themselves that the applicant is able to comply with terms,
provisions or limitations to which the licence may be made subject.
Proposed refusal
4
Where OFCOM propose to refuse a licence they must—
(a)
give to the applicant the reasons for the proposed refusal;
5
(b)
specify a period of not less than one month within which
representations about the proposed refusal may be made.
Duration
5
A wireless telegraphy licence continues in force, unless previously revoked
by OFCOM, for such period as may be specified in the licence.
10
Revocation or variation
6
OFCOM may revoke a wireless telegraphy licence or vary its terms,
provisions or limitations—
(a)
by a notice in writing given to the holder of the licence; or
(b)
by a general notice applicable to licences of the class to which the
15
licence belongs, published in such way as may be specified in the
licence.
Notification of proposed revocation or variation
7     (1)
Where OFCOM propose to revoke or vary a wireless telegraphy licence, they
must give the person holding the licence a notification under this sub-
20
paragraph—
(a)
stating the reasons for the proposed revocation or variation; and
(b)
specifying the period during which the person notified has an
opportunity to do the things specified in sub-paragraph (2).
      (2)
The things are—
25
(a)
making representations about the proposal; and
(b)
if the proposal is the result of a contravention of a term, provision or
limitation of the licence, complying with that term, provision or
limitation.
      (3)
Subject to sub-paragraphs (4) to (6), the period for doing those things must
30
be the period of one month beginning with the day after the one on which
the notification was given.
      (4)
OFCOM may, if they think fit, allow a longer period for doing those things—
(a)
by specifying a longer period in the notification; or
(b)
by subsequently, on one or more occasions, extending the specified
35
period.
      (5)
The person notified has a shorter period for doing those things if a shorter
period is agreed between OFCOM and the person notified.
      (6)
The person notified also has a shorter period if—
(a)
OFCOM have reasonable grounds for believing that the case is
40
urgent or a case of serious and repeated contravention;

Wireless Telegraphy Bill [HL]
Schedule 1 — Procedure for wireless telegraphy licences
76

(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 urgent if the failure to revoke or vary the licence will result in, or
create an immediate risk of—
5
(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 wireless telegraphy stations or wireless telegraphy
10
apparatus; or
(ii)
are communications providers or make associated facilities
available.
      (8)
A contravention of a term, provision or limitation of a licence is a repeated
contravention, in relation to a proposal to revoke or vary a licence, if it falls
15
within sub-paragraph (9).
      (9)
A contravention falls within this sub-paragraph if—
(a)
a previous notification under sub-paragraph (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 licence;
20
and
(b)
the subsequent notification under that sub-paragraph is given no
more than 12 months after the day of the making by OFCOM of a
determination for the purposes of sub-paragraph (10) that the
contravention to which the previous notification related did occur.
25
     (10)
Where OFCOM have given a notification under sub-paragraph (1), they
must, 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—
(a)
decide whether or not to revoke or vary the licence in accordance
30
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.
     (11)
The notification under sub-paragraph (10)—
(a)
must be given no more than one week after the making of the
35
decision to which it relates; and
(b)
must, in accordance with that decision, either revoke or vary the
licence or withdraw the proposal for a revocation or variation.
     (12)
Nothing in this paragraph applies to a proposal to revoke or vary a licence
if the proposal is made at the request or with the consent of the holder of the
40
licence.
     (13)
The reference in sub-paragraph (9) 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.
45

Wireless Telegraphy Bill [HL]
Schedule 2 — Procedure for grants of recognised spectrum access
77

Restriction on powers of revocation and variation
8     (1)
The terms that OFCOM may include in a wireless telegraphy licence include
terms restricting the exercise by them of their power to revoke or vary the
licence.
      (2)
The terms that may be included because of sub-paragraph (1) include, in
5
particular, terms providing that the licence may not be revoked or varied
except—
(a)
with the consent of the holder of the licence; or
(b)
in such other circumstances and on such grounds as may be specified
in the licence.
10
      (3)
The circumstances or grounds may relate to matters relevant for the
purposes of any other enactment (and may, in particular, be dependent on
the exercise of a statutory discretion under any other enactment).
      (4)
A licence containing terms included because of sub-paragraph (1) may also
provide that regulations made under section 45—
15
(a)
do not apply in relation to a station or apparatus to which the licence
relates; or
(b)
apply in relation to such a station or such apparatus to such extent
only, or subject to such modifications, as may be specified in the
licence.
20
      (5)
Despite any term or provision included in a wireless telegraphy licence in
accordance with this paragraph, OFCOM may at any time by giving the
holder of the licence a notice in writing revoke the licence or vary its terms,
provisions or limitations, if it appears to OFCOM to be necessary or
expedient to do so—
25
(a)
in the interests of national security; or
(b)
for the purpose of securing compliance with an international
obligation of the United Kingdom.
Schedule 2
Section 19

Procedure for grants of recognised spectrum access
30
General procedure for applications
1     (1)
An application for a grant of recognised spectrum access is to be determined
in accordance with procedures prescribed in regulations made by OFCOM.
      (2)
The procedures must include provision for—
(a)
time limits for dealing with applications for a grant of recognised
35
spectrum access;
(b)
requirements which must be met before a grant is made;
(c)
the restrictions and conditions to which a grant may be made subject.
Information to be provided in connection with applications
2
The grounds on which a grant of recognised spectrum access may be refused
40
by OFCOM include a failure by the applicant to provide information which

Wireless Telegraphy Bill [HL]
Schedule 2 — Procedure for grants of recognised spectrum access
78

OFCOM reasonably require in order to satisfy themselves that the applicant
is able to comply with restrictions or conditions to which the grant may be
made subject.
Notice of proposed refusal of application
3     (1)
Where OFCOM propose to refuse an application for a grant of recognised
5
spectrum access, they must give notice to the applicant—
(a)
stating the reasons for their proposal; and
(b)
specifying a period within which representations may be made
about the proposal.
      (2)
The period must be a period ending not less than one month after the day of
10
the giving of the notice.
Duration of grant
4
A grant of recognised spectrum access continues in force, unless previously
revoked by OFCOM, for such period as may be specified in the notification
by which the grant is made.
15
Revocation or modification
5
OFCOM may revoke or modify a grant of recognised spectrum access, or the
restrictions or conditions to which such a grant is subject, by a notice to the
person to whom the grant was made.
Notice of proposed revocation or modification
20
6     (1)
Where OFCOM propose to revoke or modify a grant of recognised spectrum
access or a restriction or condition to which such a grant is subject, they must
give a notification to the holder of the grant—
(a)
stating the reasons for their proposal; and
(b)
specifying the period during which the person notified has an
25
opportunity to do the things specified in sub-paragraph (2).
      (2)
The things are—
(a)
making representations about the proposal; and
(b)
if the proposal is the result of a contravention of a restriction or
condition of the grant, complying with it.
30
      (3)
Subject to sub-paragraphs (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.
      (4)
OFCOM may, if they think fit, allow a longer period for doing those things—
(a)
by specifying a longer period in the notification; or
35
(b)
by subsequently, on one or more occasions, extending the specified
period.
      (5)
The person notified has a shorter period for doing those things if a shorter
period is agreed between OFCOM and the person notified.
      (6)
The person notified also has a shorter period if—
40
(a)
OFCOM have reasonable grounds for believing that the case is
urgent or a case of serious and repeated contravention;

Wireless Telegraphy Bill [HL]
Schedule 2 — Procedure for grants of recognised spectrum access
79

(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 urgent if the failure to revoke or modify the grant will result in, or
create an immediate risk of—
5
(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 wireless telegraphy stations or wireless telegraphy
10
apparatus; or
(ii)
are communications providers or make associated facilities
available.
      (8)
A contravention of a restriction or condition of a grant of recognised
spectrum access is a repeated contravention, in relation to a proposal to
15
revoke or modify the grant, if it falls within sub-paragraph (9).
      (9)
A contravention falls within this sub-paragraph if—
(a)
a previous notification under sub-paragraph (1) has been given in
respect of the same contravention or in respect of any other
contravention of a restriction or condition of the same grant; and
20
(b)
the subsequent notification under that sub-paragraph is given no
more than 12 months after the day of the making by OFCOM of a
determination for the purposes of sub-paragraph (10) that the
contravention to which the previous notification related did occur.
     (10)
Where OFCOM have given a notification under sub-paragraph (1), they
25
must, 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—
(a)
decide whether or not to revoke or modify the grant of recognised
spectrum access in accordance with their proposal, or in accordance
30
with that proposal but with modifications; and
(b)
give the holder of the grant a notification of their decision.
     (11)
The notification under sub-paragraph (10)—
(a)
must be given no more than one week after the making of the
decision to which it relates; and
35
(b)
must, in accordance with that decision, either revoke or modify the
grant or withdraw the proposal for revocation or modification.
     (12)
Nothing in this paragraph is to apply to—
(a)
a revocation or modification to be made at the request or with the
consent of the holder of the grant; or
40
(b)
a revocation or modification that appears to OFCOM to be necessary
or expedient for the purpose of securing compliance with an
international obligation of the United Kingdom.
     (13)
The reference in sub-paragraph (9) to a contravention of a restriction or
condition of the same grant includes a reference to a contravention of a
45
restriction or condition contained in any previous grant of which the grant
in question is a direct or indirect renewal.

Wireless Telegraphy Bill [HL]
Schedule 3 — Suspension and revocation of authorities issued to wireless personnel
80

Restriction on powers of revocation and modification
7     (1)
The conditions that OFCOM may include in a grant of recognised spectrum
access include conditions restricting the exercise by them of their power to
revoke or modify the grant.
      (2)
Those conditions include, in particular, conditions providing that the grant
5
may not be revoked or modified except—
(a)
with the consent of the holder of the grant; or
(b)
in such other circumstances and on such grounds as may be specified
in the conditions.
      (3)
The circumstances or grounds may relate to matters relevant for the
10
purposes of any enactment, whether relating to wireless telegraphy or not
(and may, in particular, be made dependent on the exercise of a statutory
discretion under any enactment).
      (4)
Nothing in a condition included in a grant of recognised spectrum access
restricts the power of OFCOM to revoke or modify a grant of recognised
15
spectrum access, if it appears to OFCOM to be necessary or appropriate to
do so—
(a)
in the interests of national security;
(b)
in the interests of the safety of the public or public health; or
(c)
for the purpose of securing compliance with an international
20
obligation of the United Kingdom.
      (5)
“Enactment” has the same meaning as in the Communications Act 2003
(c. 21).
Schedule 3
Section 52

Suspension and revocation of authorities issued to wireless personnel
25
Notice of suspension
1     (1)
On suspending the authority, the Secretary of State must give the person to
whom the authority under section 52(3) was issued a notice—
(a)
informing him of the suspension, of the grounds of the suspension
and of his rights under this Schedule;
30
(b)
further informing him that if he does not avail himself of those rights
the Secretary of State may revoke the authority.
      (2)
Sub-paragraph (3) applies where it appears to the Secretary of State that it is
not reasonably practicable to give the notice to the person to whom the
authority was issued.
35
      (3)
The Secretary of State must take such steps, by advertisement or otherwise,
to bring the notice to the person’s knowledge as appear to the Secretary of
State to be reasonable in the circumstances.