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Communications Bill


Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    135

 

 147   Grants by district councils

     (1)    This section applies where a district council in Northern Ireland consider that

it would be for the benefit of their area—

           (a)           for a public electronic communications network or electronic

communications service to be provided by a particular person;

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           (b)           for facilities to be made available by a particular person for the

purposes of, or in connection with, the provision of such a network or

service; or

           (c)           for such a network or service that is being provided by a particular

person, or for any such facilities that are being so made available by a

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particular person, to continue to be provided or made available.

     (2)    The district council may—

           (a)           undertake to pay to that person, and

           (b)           pay him,

            whatever sums they think appropriate for, or towards, compensating him for

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losses sustained in the provision of the network or service or in making the

facilities available.

     (3)    For the purposes of this section it is immaterial—

           (a)           in the case of a network, whether any part of the network is situated in

the council’s area; and

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           (b)           in the case of a service or facility, whether any of the persons to whom

the service or facility is provided or made available are in that area.

Interpretation of Chapter 1

 148   Interpretation of Chapter 1

     (1)    In this Chapter—

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                    “the Access Directive” means Directive 2002/19/EC of the European

Parliament and of the Council on access to, and interconnection of,

electronic communications networks and associated facilities;

                    “access-related condition” means a condition set as an access-related

condition under section 42;

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                    “allocation” and “adoption”, in relation to telephone numbers, and

cognate expressions, are to be construed in accordance with section 53;

                    “apparatus market”, in relation to a market power determination, is to be

construed in accordance with section 43(9)(b);

                    “designated universal service provider” means a person who is for the

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time being designated in accordance with regulations under section 63

as a person to whom universal service conditions are applicable;

                    “electronic communications apparatus”—

                  (a)                 in relation to SMP apparatus conditions and in section 138,

means apparatus that is designed or adapted for a use which

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consists of or includes the sending or receiving of

communications or other signals (within the meaning of section

29) that are transmitted by means of an electronic

communications network; and

                  (b)                 in all other contexts, has the same meaning as in the electronic

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communications code;

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    136

 

                    “the electronic communications code” has the meaning given by section

103(1);

                    “end-user”, in relation to a public electronic communications service

means—

                  (a)                 a person who, otherwise than as a communications provider is

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a customer of the provider of that service;

                  (b)                 a person who makes use of the service otherwise than as a

communications provider; or

                  (c)                 a person who may be authorised, by a person falling within

paragraph (a), so to make use of the service;

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                    “the Framework Directive” means Directive 2002/21/EC of the European

Parliament and of the Council on a common regulatory framework for

electronic communications networks and services;

                    “general condition” means a condition set as a general condition under

section 42;

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                    “interconnection” is to be construed in accordance with subsection (2);

                    “market power determination” means—

                  (a)                 a determination, for the purposes of provisions of this Chapter,

that a person has significant market power in an identified

services market or an identified apparatus market, or

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                  (b)                 a confirmation for such purposes of a market power

determination reviewed on a further analysis under section 81

or 82;

                    “misuse”, in relation to an electronic communications network or

electronic communications service, is to be construed in accordance

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with section 125(5) and (8), and cognate expressions are to be construed

accordingly;

                    “network access” is to be construed in accordance with subsection (3);

                    “persistent” and “persistently”, in relation to misuse of an electronic

communications network or electronic communications service, are to

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be construed in accordance with section 125(6) and (7);

                    “premium rate service” is to be construed in accordance with section

117(7);

                    “privileged supplier condition” means a condition set as a privileged

supplier condition under section 42;

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                    “provider”, in relation to a premium rate service, is to be construed in

accordance with section 117(9) to (12), and cognate expressions are to

be construed accordingly;

                    “public communications provider” means—

                  (a)                 a provider of a public electronic communications network;

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                  (b)                 a provider of a public electronic communications service; or

                  (c)                 a person who makes available facilities that are associated

facilities by reference to a public electronic communications

network or a public electronic communications service;

                    “public electronic communications network” means an electronic

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communications network provided wholly or mainly for the purpose

of making electronic communications services available to members of

the public;

                    “public electronic communications service” means any electronic

communications service that is provided so as to be available for use by

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members of the public;

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    137

 

                    “regulatory authorities” is to be construed in accordance with subsection

(5);

                    “relevant international standards” means—

                  (a)                 any standards or specifications from time to time drawn up and

published in accordance with Article 17 of the Framework

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Directive;

                  (b)                 the standards and specifications from time to time adopted

by—

                      (i)                     the European Committee for Standardisation,

                      (ii)                    the European Committee for Electrotechnical

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Standardisation; or

                      (iii)                   the European Telecommunications Standards Institute;

and

                  (c)                 the international standards and recommendations from time to

time adopted by—

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                      (i)                     the International Telecommunications Union;

                      (ii)                    the International Organisation for Standardisation; or

                      (iii)                   the International Electrotechnical Committee;

                    “service interoperability” means interoperability between different

electronic communications services;

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                    “services market”, in relation to a market power determination or market

identification, is to be construed in accordance with section 43(8)(a);

                    “significant market power” is to be construed in accordance with section

75;

                    “SMP condition” means a condition set as an SMP condition under section

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42, and “SMP services condition” and “SMP apparatus condition” are

to be construed in accordance with subsections (8) and (9) of that

section respectively;

                    “telephone number” has the meaning given by section 53(5);

                    “the Universal Service Directive” means Directive 2002/22/EC of the

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European Parliament and of the Council on universal service and

users’ rights relating to electronic communications networks and

services;

                    “universal service condition” means a condition set as a universal service

condition under section 42;

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                    “the universal service order” means the order for the time being in force

under section 62.

     (2)    In this Chapter references to interconnection are references to the linking

(whether directly or indirectly by physical or logical means, or by a

combination of physical and logical means) of one public electronic

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communications network to another for the purpose of enabling the persons

using one of them to be able—

           (a)           to communicate with users of the other one; or

           (b)           to make use of services provided by means of the other one (whether

by the provider of that network or by another person).

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     (3)    In this Chapter references to network access are references to—

           (a)           interconnection of public electronic communications networks; or

           (b)           any services, facilities or arrangements which—

                  (i)                 are not comprised in interconnection; but

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 2 — Spectrum use

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                  (ii)                are services, facilities or arrangements by means of which a

communications provider or person making available

associated facilities is able, for the purposes of the provision of

an electronic communications service (whether by him or by

another), to make use of anything mentioned in subsection (4);

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            and references to providing network access include references to providing

any such services, making available any such facilities or entering into any

such arrangements.

     (4)    The things referred to in subsection (3)(b) are—

           (a)           any electronic communications network or electronic communications

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service provided by another communications provider;

           (b)           any apparatus comprised in such a network or used for the purposes of

such a network or service;

           (c)           any facilities made available by another that are associated facilities by

reference to any network or service (whether one provided by that

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provider or by another);

           (d)           any other services or facilities which are provided or made available by

another person and are capable of being used for the provision of an

electronic communications service.

     (5)    References in this Chapter to the regulatory authorities of member States are

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references to such of the authorities of the member States as have been notified

to the European Commission as the regulatory authorities of those States for

the purposes of the Framework Directive.

     (6)    For the purposes of this Chapter, where there is a contravention of an

obligation that requires a person to do anything within a particular period or

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before a particular time, that contravention shall be taken to continue after the

end of that period, or after that time, until that thing is done.

     (7)    References in this Chapter to remedying the consequences of a contravention

include references to paying an amount to a person—

           (a)           by way of compensation for loss or damage suffered by that person; or

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           (b)           in respect of annoyance, inconvenience or anxiety to which he has been

put.

     (8)    In determining for the purposes of provisions of this Chapter whether a

contravention is a repeated contravention for any purposes, a notification of a

contravention under that provision shall be disregarded if it has been

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withdrawn before the imposition of a penalty in respect of the matters notified.

     (9)    For the purposes of this section a service is made available to members of the

public if members of the public are customers, in respect of that service, of the

provider of that service.

Chapter 2

40

Spectrum use

General functions relating to spectrum use

 149   General functions of OFCOM in relation to radio spectrum

     (1)    It shall be a function of OFCOM—

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 2 — Spectrum use

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           (a)           to give such advice in relation to the use of the electro-magnetic

spectrum for wireless telegraphy,

           (b)           to provide such other services, and

           (c)           to maintain such records,

            as they consider appropriate for the purpose of facilitating or managing the use

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of that spectrum for wireless telegraphy.

     (2)    It shall be a function of OFCOM, in relation to the use of the electro-magnetic

spectrum for wireless telegraphy—

           (a)           to give such further advice,

           (b)           to provide such other services, and

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           (c)           to maintain such other records,

            as the Secretary of State may, for the purpose of securing compliance with the

international obligations of the United Kingdom, require them to provide.

     (3)    The advice, the other services and the records that OFCOM may give, provide

or maintain under this section include advice, other services and records with

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respect to the use of the electro-magnetic spectrum at places outside the United

Kingdom.

     (4)    The powers of OFCOM to carry out research, or to arrange for others to carry

out research, are to be exercisable, in particular, for ascertaining, for the

purpose of carrying out their functions under this section, information about—

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           (a)           the demands for use of the electro-magnetic spectrum for wireless

telegraphy in the United Kingdom;

           (b)           the effects, in the United Kingdom, of any such use of that spectrum;

           (c)           likely future developments in relation to those matters; and

           (d)           any other connected matters that OFCOM think relevant.

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     (5)    OFCOM may make a grant to any person if, in their opinion, the making of the

grant is likely to promote—

           (a)           the efficient use in the United Kingdom of the electro-magnetic

spectrum for wireless telegraphy; or

           (b)           the efficient management of that use.

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     (6)    A grant—

           (a)           may be made to a person holding a wireless telegraphy licence or a

grant of recognised spectrum access under section 156 or to any other

person; and

           (b)           is to be made on such terms and conditions as OFCOM consider

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appropriate;

            and those terms and conditions may include terms requiring the repayment of

the grant in specified circumstances.

     (7)    The consent of the Treasury is to be required—

           (a)           for the making of a grant under subsection (5); and

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           (b)           for the terms and conditions on which such a grant is made.

     (8)    Where OFCOM are required to give advice or provide another service to a

person under this section, they are to be entitled to make the giving of the

advice or the provision of the other service conditional on the payment to them

of such sums—

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           (a)           as they may determine in advance; or

           (b)           as may be agreed between them and that person.

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 2 — Spectrum use

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     (9)    In this section references to providing a service to a person include references

to a service consisting in—

           (a)           the entry of that person’s particulars in a register or other record kept

by OFCOM for the purpose of carrying out their functions under this

section; or

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           (b)           the taking of steps for the purposes of determining whether to grant an

application for an entry in a register or record so kept.

 150   United Kingdom Plan for Frequency Authorisation

     (1)    It shall be the duty of OFCOM, from time to time as they think fit, to publish a

document (to be known as “the United Kingdom Plan for Frequency

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Authorisation”).

     (2)    The plan must set out—

           (a)           the frequencies that, in relation to the United Kingdom, have been

allocated for particular purposes for wireless telegraphy and are

available for assignment; and

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           (b)           the purposes for which the different frequencies have been allocated.

 151   Duties of OFCOM when carrying out spectrum functions

     (1)    It shall be the duty of OFCOM, in carrying out their functions under the

enactments relating to the management of the radio spectrum, to have regard,

in particular, to—

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           (a)           the extent to which the electro-magnetic spectrum is available for use,

or further use, for wireless telegraphy;

           (b)           the demand for use of that spectrum for wireless telegraphy; and

           (c)           the demand that is likely to arise in future for the use of that spectrum

for wireless telegraphy.

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     (2)    It shall also be their duty, in carrying out their functions under those

enactments to have regard, in particular, to the desirability of promoting—

           (a)           the efficient management and use of the part of the electro-magnetic

spectrum available for wireless telegraphy;

           (b)           the economic and other benefits that may arise from the use of wireless

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telegraphy;

           (c)           the development of innovative services; and

           (d)           competition in the provision of electronic communications services.

     (3)    In the application of this section to the functions of OFCOM under the

enactments relating to the management of the radio spectrum other than

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section 2 of the Wireless Telegraphy Act 1998 (c. 6) (exercise of power to

prescribe wireless telegraphy licence fees), OFCOM may disregard such of the

matters mentioned in the preceding subsections as appear to them—

           (a)           to be matters to which they are not required to have regard apart from

this section; and

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           (b)           to have no application to the case in question.

     (4)    Where it appears to OFCOM that any of their duties under this section conflict

with one or more of their duties under sections 3 to 6, priority must be given to

their duties under those sections.

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 2 — Spectrum use

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     (5)    Where it appears to OFCOM that any of their duties under this section conflict

with each other in a particular case, they must secure that the conflict is

resolved in the manner they think best in the circumstances.

 152   Advisory service in relation to interference

     (1)    It shall be a function of OFCOM to provide a service consisting in the giving of

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advice and assistance to persons complaining of interference with wireless

telegraphy.

     (2)    In this section “interference”, in relation to wireless telegraphy, has the same

meaning as in the Wireless Telegraphy Act 1949 (c. 54).

 153   Directions with respect to the radio spectrum

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     (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.

     (2)    The directions that may be given under this section include a direction

requiring OFCOM to secure that such frequencies of the electro-magnetic

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spectrum as may be specified in the direction are kept available or become

available—

           (a)           for such uses or descriptions of uses, or

           (b)           for such users or descriptions of users,

            as may be so specified.

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     (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)—

           (a)           in such cases,

           (b)           in such manner,

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           (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

of State in accordance with the order.

     (4)    Those provisions are—

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           (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

respect of wireless telegraphy licences and grants of recognised

spectrum access).

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     (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.

 154   Procedure for directions under s. 153

     (1)    An order containing a direction under section 153, if it is not one falling within

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subsection (2) or (3) of that section, must state the purpose for which the

direction is given.

 

 

 
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