(b) no further appeal against any decision made on the appeal or on
any such further appeal may be brought without the permission
of the court and—
(i) in a case where there is no fixed period within which
that permission can be sought, that permission has been
refused or has not been sought; or
(ii) in a case where there is a fixed period within which that
permission can be sought, that permission has been
refused or that period has expired without permission
having been sought.
(1C) No proceedings for an offence of contravening a notice under this
section may be commenced in Scotland—
(a) until the time during which an appeal against such a notice may
be brought has expired; or
(b) where such an appeal has been brought, until that appeal has
(1D) Such proceedings in Scotland must be commenced within six months
(a) where no appeal has been brought, the time referred to in
paragraph (a) of subsection (1C); and
(b) where an appeal has been brought and determined, the date of
176 Modification of penalties for certain wireless telegraphy offences
(1) In subsection (1) of section 14 of the Wireless Telegraphy Act 1949 (c. 54) (either
way offences), for paragraphs (aa) and (ab) there shall be substituted—
“(aa) any offence under section 1(1) of this Act consisting in the
establishment or use of a station for wireless telegraphy, or the
installation or use of wireless telegraphy apparatus, for the
purpose of making a broadcast (within the meaning of section 9
of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41));
(ab) any offence under section 1A of this Act where the relevant
contravention of section 1 would constitute an offence falling
within paragraph (aa);”.
(2) After subsection (1A), there shall be inserted—
“(1AA) A person committing—
(a) an offence under section 1(1) of this Act other than—
(i) one which falls within subsection (1)(aa), or
(ii) one which falls within subsection (1A)(a), or
(b) an offence under section 1A of this Act other than—
(i) one which falls within subsection (1)(ab), or
(ii) one which falls within subsection (1A)(aa),
shall be liable, on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the standard
scale, or to both.”
(3) In section 79(1) of the Telecommunications Act 1984 (c. 12) (offences in respect
of which apparatus may be seized), after paragraph (b) there shall be
“(bza) any offence under section 1A of that Act other than one where
the relevant contravention of section 1 of that Act would
constitute an offence so consisting;”.
(4) This section only applies in relation to offences committed after the
commencement of this section.
177 Fixed penalties for certain wireless telegraphy offences
Schedule 6 (which makes provision as respects fixed penalty notices for
summary offences under the Wireless Telegraphy Act 1949 (c. 54)) shall have
178 Power of arrest
(1) In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (offences
for which power of summary arrest available), after paragraph 2 there shall be
“Wireless Telegraphy Act 1949
2A An offence mentioned in section 14(1) of the Wireless Telegraphy Act
1949 (offences under that Act which are triable either way).”
(2) In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order
1989 (S.I. 1989/1341 (N.I. 12)) (offences for which power of summary arrest
available), after paragraph (i) there shall be inserted—
“(j) an offence mentioned in section 14(1) of the Wireless
Telegraphy Act 1949 (offences under that Act which are triable
179 Forfeiture etc. of restricted apparatus
(1) Apparatus to which this section applies shall be liable to forfeiture if,
immediately before being seized, it was in a person’s custody or control in
contravention of a prohibition imposed by an order under section 7 of the
Wireless Telegraphy Act 1967 (c. 72) (restriction on dealings in and custody of
(2) This section applies to apparatus if it has been seized—
(a) in pursuance of a warrant granted under section 15(1) of the Wireless
Telegraphy Act 1949; or
(b) in the exercise of the power conferred by section 79(3) of the
Telecommunications Act 1984 (c. 12).
(3) Apparatus forfeited under this section is to be forfeited to OFCOM and may be
disposed of by them in any manner they think fit.
(4) Schedule 7 (which makes provision in relation to the seizure and forfeiture of
apparatus) shall have effect.
(5) The preceding provisions of this section and Schedule 7 apply only in relation
to apparatus seized after the commencement of this section.
(6) Sections 80 and 81 of the Telecommunications Act 1984 (c. 12) (which make
provision for forfeiture of apparatus) are not to apply in relation to apparatus
seized after the commencement of this section.
(7) In section 7(5) of the Wireless Telegraphy Act 1967 (c. 72), paragraph (b) (which
allows a person to have custody or control of restricted apparatus when
authorised otherwise than by the Secretary of State) shall cease to have effect.
Construction of 1949 Act
180 Modification of definition of “undue interference”
For subsection (5) of section 19 of the Wireless Telegraphy Act 1949 (c. 54)
(meaning of undue interference) there shall be substituted—
“(5) Interference with any wireless telegraphy is not to be regarded as
undue for the purposes of this Act unless it is also harmful.
(5A) For the purposes of this Act interference is harmful if—
(a) it creates dangers, or risks of danger, in relation to the
functioning of any service provided by means of wireless
telegraphy for the purposes of navigation or otherwise for
safety purposes; or
(b) it degrades, obstructs or repeatedly interrupts anything which
is being broadcast or otherwise transmitted—
(i) by means of wireless telegraphy; and
(ii) in accordance with a licence under this Act, regulations
under the proviso to section 1(1) of this Act or a grant of
recognised spectrum access under Chapter 2 of Part 2 of
the Communications Act 2003 or otherwise lawfully.”
181 Modification of definition of “wireless telegraphy”
(1) The Secretary of State may by order modify the definition of “wireless
telegraphy” in section 19(1) of the Wireless Telegraphy Act 1949 by
substituting a different frequency for the frequency (at the passing of this Act,
3,000 GHz) that is for the time being specified in that definition.
(2) No order is to be made containing provision authorised by this section unless
a draft of the order has been laid before Parliament and approved by a
resolution of each House.
Disputes and appeals
182 Reference of disputes to OFCOM
(1) This section applies in the case of a dispute relating to the provision of network
access if it is—
(a) a dispute between different communications providers;
(b) a dispute between a communications provider and a person who
makes associated facilities available;
(c) a dispute between different persons making such facilities available;
(d) a dispute relating to the subject-matter of a condition set under section
71(1) between a communications provider or person who makes
associated facilities available and a person who (without being such a
person) is a person to whom such a condition applies; or
(e) a dispute relating to the subject-matter of such a condition between
different persons each of whom (without being a communications
provider or a person who makes associated facilities available) is a
person to whom such a condition applies.
(2) This section also applies in the case of any other dispute if—
(a) it relates to rights or obligations conferred or imposed by or under this
Part or any of the enactments relating to the management of the radio
spectrum that are not contained in this Part;
(b) it is a dispute between different communications providers; and
(c) it is not an excluded dispute.
(3) Any one or more of the parties to the dispute may refer it to OFCOM.
(4) A reference made under this section is to be made in such manner as OFCOM
(5) The way in which a requirement under subsection (4)—
(a) is to be imposed, or
(b) may be withdrawn or modified,
is by a notice published in such manner as OFCOM consider appropriate for
bringing the requirement, withdrawal or modification to the attention of the
persons who, in their opinion, are likely to be affected by it.
(6) Requirements imposed under subsection (4) may make different provision for
(7) A dispute is an excluded dispute for the purposes of subsection (2) if it is
(a) obligations imposed on a communications provider by SMP apparatus
(b) contraventions of sections 122 to 124;
(c) obligations imposed on a communications provider by or under any of
sections 125 to 128; or
(d) the operation in the case of a communications provider of section 131.
(8) For the purposes of this section—
(a) the disputes that relate to the provision of network access include
disputes as to the terms or conditions on which it is or may be provided
in a particular case; and
(b) the disputes that relate to an obligation include disputes as to the terms
or conditions on which any transaction is to be entered into for the
purpose of complying with that obligation.
183 Action by OFCOM on dispute reference
(1) This section applies where a dispute is referred to OFCOM under and in
accordance with section 182.
(2) OFCOM must decide whether or not it is appropriate for them to handle the
(3) Unless they consider—
(a) that there are alternative means available for resolving the dispute,
(b) that a resolution of the dispute by those means would be consistent
with the Community requirements set out in section 4, and
(c) that a prompt and satisfactory resolution of the dispute is likely if those
alternative means are used for resolving it,
their decision must be a decision that it is appropriate for them to handle the
(4) As soon as reasonably practicable after OFCOM have decided—
(a) that it is appropriate for them to handle the dispute, or
(b) that it is not,
they must inform each of the parties to the dispute of their decision and of their
reasons for it.
(5) The notification must state the date of the decision.
(a) OFCOM decide that it is not appropriate for them to handle the
(b) the dispute is not resolved by other means before the end of the four
months after the day of OFCOM’s decision,
the dispute may be referred back to OFCOM by one or more of the parties to
184 Legal proceedings about referred disputes
(1) Where a dispute is referred or referred back to OFCOM under this Chapter, the
reference is not to prevent—
(a) the person making it,
(b) another party to the dispute,
(c) OFCOM, or
(d) any other person,
from bringing, or continuing, any legal proceedings with respect to any of the
matters under dispute.
(2) Nor is the reference or reference back to OFCOM under this Chapter of a
dispute to prevent OFCOM from—
(a) giving a notification in respect of something that they have reasonable
ground for believing to be a contravention of any obligation imposed
by or under any an enactment;
(b) exercising any of their other powers under any enactment in relation to
a contravention of such an obligation; or
(c) taking any other step in preparation for or with a view to doing
anything mentioned in the preceding paragraphs.
(3) If, in any legal proceedings with respect to a matter to which a dispute relates,
the court orders the handling of the dispute by OFCOM to be stayed or sisted—
(a) OFCOM is required to make a determination for resolving the dispute
only if the stay or sist is lifted or expires; and
(b) the period during which the stay or sist is in force must be disregarded
in determining the period within which OFCOM are required to make
such a determination.
(4) Subsection (1) is subject to section 187(8) and to any agreement to the contrary
binding the parties to the dispute.
(5) In this section “legal proceedings” means civil or criminal proceedings in or
before a court.
185 Procedure for resolving disputes
(1) This section applies where—
(a) OFCOM have decided under section 183(2) that it is appropriate for
them to handle a dispute; or
(b) a dispute is referred back to OFCOM under section 183(6).
(2) OFCOM must—
(a) consider the dispute; and
(b) make a determination for resolving it.
(3) The procedure for the consideration and determination of the dispute is to be
the procedure that OFCOM consider appropriate.
(4) In the case of a dispute referred back to OFCOM under section 183(6), that
procedure may involve allowing the continuation of a procedure that has
already been begun for resolving the dispute by alternative means.
(5) Except in exceptional circumstances and subject to section 184(3), OFCOM
must make their determination no more than four months after the following
(a) in a case falling within subsection (1)(a), the day of the decision by
OFCOM that it is appropriate for them to handle the dispute; and
(b) in a case falling within subsection (1)(b), the day on which the dispute
is referred back to them.
(6) Where it is practicable for OFCOM to make their determination before the end
of the four month period, they must make it as soon in that period as
(7) OFCOM must—
(a) send a copy of their determination, together with a full statement of
their reasons for it, to every party to the dispute; and
(b) publish so much of their determination as (having regard, in particular,
to the need to preserve commercial confidentiality) they consider it
appropriate to publish.
(8) The publication of information under this section must be in such manner as
OFCOM consider appropriate for bringing it to the attention, to the extent that
they consider appropriate, of members of the public.
186 Disputes involving other member States
(1) This section applies where it appears to OFCOM that a dispute referred or
referred back to them under this Chapter relates partly to a matter falling
within the jurisdiction of the regulatory authorities of another member State.
(2) A dispute relates to matters falling within the jurisdiction of the regulatory
authorities of another member State to the extent that—
(a) it relates to the carrying on of activities by one or both of the parties to
the dispute in more than one member State or to activities carried on by
different parties to the dispute in different member States; and
(b) the activities to which the dispute relates, so far as they are carried on
in another member State, are carried on in the member State for which
those authorities are the regulatory authorities.
(3) For the purposes of subsection (2) the activities that are carried on in a member
State include anything done by means of an electronic communications
network, or part of such a network, which is situated in that member State.
(4) Before taking any steps under this Chapter in relation to the reference or the
dispute, OFCOM must consult the other regulatory authorities within whose
jurisdiction the matter falls.
(5) It shall be the duty of OFCOM to secure that steps taken in relation to the
reference or dispute (whether taken by them or by the other regulatory
authorities) are, so far as practicable, agreed between OFCOM and those
(6) Accordingly, section 185 is to have effect in relation to the reference as if the
period for making a determination which is specified in subsection (5) of that
section were such period (if any) as may be agreed between—
(a) OFCOM; and
(b) the other regulatory authorities within whose jurisdiction the matter
187 Resolution of referred disputes
(1) Where OFCOM make a determination for resolving a dispute referred to them
under this Chapter, their only powers are those conferred by this section.
(2) Their main power (except in the case of a dispute relating to rights and
obligations conferred or imposed by or under the enactments relating to the
management of the radio spectrum) is to do one or more of the following—
(a) to make a declaration setting out the rights and obligations of the
parties to the dispute;
(b) to give a direction fixing the terms or conditions of transactions
between the parties to the dispute;
(c) to give a direction imposing an obligation, enforceable by the parties to
the dispute, to enter into a transaction between themselves on the terms
and conditions fixed by OFCOM; and
(d) for the purpose of giving effect to a determination by OFCOM of the
proper amount of a charge in respect of which amounts have been paid
by one of the parties of the dispute to the other, to give a direction,
enforceable by the party to whom the sums are to be paid, requiring the
payment of sums by way of adjustment of an underpayment or
(3) Their main power in the excepted case is just to make a declaration setting out
the rights and obligations of the parties to the dispute.
(4) Nothing in this section prevents OFCOM from exercising the following powers
in consequence of their consideration under this Chapter of any dispute—