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Communications Bill


Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

    368

 

                   use by the code operator for, or in connection with, the establishment or

running of the operator’s network.

          (2)      This paragraph does not apply in relation to land covered by buildings or

used as a garden or pleasure ground.

          (3)      Sections 324(8) and 325(1) to (5), (8) and (9) of the Town and Country

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Planning Act 1990 (c. 8) (supplementary provisions relating to powers of

entry) have effect in relation to the power conferred by this paragraph—

              (a)             as they have effect in relation to the powers conferred by section 324

of that Act; but

              (b)             subject to the modifications set out in sub-paragraph (4).

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          (4)      Those modifications are—

              (a)             in section 324(8) (power to search and bore for the purpose of

ascertaining the nature of the subsoil or the presence of minerals)

omit “or the presence of minerals therein”; and

              (b)             in section 325(1) (24 hours’ notice to be given of an intended entry

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upon occupied land) for “24 hours” substitute “28 days”.

          (5)      Where, in an exercise of the power conferred by this paragraph, any damage

is caused to land or to chattels, the code operator must—

              (a)             make good the damage; or

              (b)             pay compensation in respect of the damage to every person

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interested in the land or chattels.

          (6)      Where, in consequence of an exercise of the power conferred by this

paragraph, a person is disturbed in his enjoyment of land or chattels, the

code operator must pay that person compensation in respect of the

disturbance.

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          (7)      Section 118 of the Town and Country Planning Act 1990 (determination of

disputes as to compensation) applies to any question of disputed

compensation under this paragraph as it applies to such questions under

Part 4 of that Act.

Entry on land for exploratory purposes: Scotland

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  7       (1)      A person—

              (a)             nominated by a code operator, and

              (b)             duly authorised in writing by the Secretary of State,

                   may, at any reasonable time, enter upon and survey any land in Scotland for

the purpose of ascertaining whether the land would be suitable for use by

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the code operator for, or in connection with, the establishment or running of

the operator’s network.

          (2)      This paragraph does not apply in relation to land covered by buildings or

used as a garden or pleasure ground.

          (3)      Sections 269(6) and 270(1) to (5), (8) and (9) of the Town and Country

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Planning (Scotland) Act 1997 (c. 8) (supplementary provisions relating to

powers of entry) have effect in relation to the power conferred by this

section—

              (a)             as they have effect in relation to the powers conferred by section 269

of that Act; but

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              (b)             subject to the modifications set out in sub-paragraph (4).

          (4)      Those modifications are—

 

 

Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

    369

 

              (a)             in section 269(6) (power to search and bore for the purpose of

ascertaining the nature of the subsoil or the presence of minerals),

omit “or the presence of minerals therein”; and

              (b)             in section 270(1) (24 hours’ notice to be given of an intended entry

upon occupied land) for “24 hours” substitute “28 days”.

5

          (5)      Where, in an exercise of the power conferred by this paragraph, damage is

caused to land or to corporeal moveables, the code operator must—

              (a)             make good the damage; or

              (b)             pay compensation in respect of the damage to every person

interested in the land or corporeal moveables.

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          (6)      Where, in consequence of an exercise of the power conferred by this

paragraph, a person is disturbed in his enjoyment of any land or corporeal

moveables, the code operator must pay that person compensation in respect

of the disturbance.

          (7)      A dispute arising under this paragraph

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              (a)              as to the effect of damage, or

              (b)             as to the amount of compensation,

                   must be determined by arbitration by a single arbiter appointed by

agreement between the parties or, in default of an agreement, by the

Secretary of State.

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Entry on land for exploratory purposes: Northern Ireland

  8       (1)      A person—

              (a)             nominated by a code operator, and

              (b)             duly authorised in writing by the Secretary of State,

                   may, at any reasonable time, enter upon and survey any land in Northern

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Ireland for the purpose of ascertaining whether the land would be suitable

for use by the code operator for, or in connection with, the establishment or

running of the operator’s network.

          (2)      This paragraph does not apply in relation to land covered by buildings or

used as a garden or pleasure ground.

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          (3)      Subsections (2) to (5) and (8) of section 40 of the Land Development Values

(Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I.)) (supplementary

provisions relating to powers of entry) have effect in relation to the power of

entry conferred by this paragraph—

              (a)             as they have effect in relation to the power conferred by that section;

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but

              (b)             subject to the modifications set out in sub-paragraph (4).

          (4)      Those modifications are—

              (a)             in section 40(2) (power to search and bore for the purpose of

ascertaining the nature of the subsoil or the presence of minerals)

40

omit “or the presence of minerals therein”; and

              (b)             in section 40(3)(b) (three days’ notice to be given of an intended entry

upon occupied land) for the word “three” substitute “twenty eight”.

          (5)      Where, in an exercise of the power conferred by this paragraph, damage is

caused to land or to chattels, the code operator must—

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              (a)             make good the damage; or

 

 

Communications Bill
Schedule 5 — Procedure for grants of recognised spectrum access

    370

 

              (b)             pay compensation in respect of the damage to every person

interested in the land or chattels.

          (6)      Where, in consequence of an exercise of the power conferred by this

paragraph, a person is disturbed in his enjoyment of any land or chattels, the

code operator must pay that person compensation in respect of the

5

disturbance.

          (7)      Section 31 of the Land Development Values (Compensation) Act (Northern

Ireland) 1965 (c. 23 (N.I.)) (determination of disputes as to compensation)

applies to any question of disputed compensation under this paragraph as

it applies to such questions under Part 3 of that Act.

10

Acquisition of land by agreement

  9       (1)      For the purpose of the acquisition by agreement by a code operator of land

in England and Wales, the provisions of Part 1 of the Compulsory Purchase

Act 1965 (c. 56) (so far as applicable), other than sections 4 to 8 (time limits,

notices to treat etc.) and section 31 (ecclesiastical property), apply as they

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apply for the purposes of that Act.

          (2)      For the purpose of the acquisition by agreement by a code operator of land

in Scotland, section 109(2) of the Town and Country Planning (Scotland) Act

1972 (c. 52) (incorporation of Lands Clauses Acts) applies, with any

necessary modifications, for the purposes of this Act as it applies for the

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purposes of that Act.

          (3)      For the purpose of the acquisition by agreement by a code operator of land

in Northern Ireland, the Lands Clauses Acts, except for sections 127 to 132

(sale of superfluous land) and sections 150 and 151 (access to the special Act)

of the Lands Clauses Consolidation Act 1845 (c. 18), apply as they apply for

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the purposes of those Acts.

Schedule 5

Section 156

 

Procedure for grants of recognised spectrum access

General procedure for applications

30

  1       (1)      An application for a grant of recognised spectrum access shall be

determined in accordance with procedures prescribed in regulations made

by OFCOM.

          (2)      Section 396 applies to regulations made under this paragraph.

          (3)      The procedures must include provision for—

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              (a)             time limits for dealing with applications for a grant of recognised

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.

 

 

Communications Bill
Schedule 5 — Procedure for grants of recognised spectrum access

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Information to be provided in connection with applications

  2        The grounds on which a grant of recognised spectrum access may be refused

by OFCOM include a failure by the applicant to provide information which

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

5

made subject.

Notice of proposed refusal of application

  3       (1)      Where OFCOM propose to refuse an application for a grant of recognised

spectrum access, they shall give notice to the applicant—

              (a)             stating the reasons for their proposal; and

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              (b)             specifying a period within which representations may be made

about the proposal.

          (2)      That period must be a period ending not less than one month after the day

of the giving of the notice.

Duration of grant

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  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.

Revocation or modification

  5        OFCOM may revoke or modify a grant of recognised spectrum access, or the

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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

  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 shall

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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

opportunity to do the things specified in sub-paragraph (2).

          (2)      Those things are—

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              (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.

          (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

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the notification was given.

          (4)      OFCOM may, if they think fit, allow a longer period for doing those things

either—

              (a)             by specifying a longer period in the notification; or

              (b)             by subsequently, on one or more occasions, extending the specified

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period.

 

 

Communications Bill
Schedule 5 — Procedure for grants of recognised spectrum access

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          (5)      The person notified shall have a shorter period for doing those things if a

shorter period is agreed between OFCOM and the person notified.

          (6)      The person notified shall also have a shorter period if—

              (a)             OFCOM have reasonable grounds for believing that the case is a case

of serious and repeated contravention or an urgent case;

5

              (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 an urgent case if the failure to revoke or modify the grant will result

in, or create an immediate risk of—

10

              (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 stations or apparatus for wireless telegraphy; or

15

                    (ii)                  are communications providers or make associated facilities

available.

          (8)               For the purposes of this paragraph a contravention of a restriction or

condition of a grant of recognised spectrum access is a repeated

contravention, in relation to a proposal to revoke or modify the grant, if it

20

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

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              (b)             the subsequent notification under that sub-paragraph is given no

more than twelve 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

30

shall, 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

35

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

40

              (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

45

              (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.

 

 

Communications Bill
Schedule 6 — Fixed penalties for wireless telegraphy offences

    373

 

          (13)     The reference in sub-paragraph (9) to a contravention of a restriction or

condition of a grant includes a reference to a contravention of a restriction or

condition contained in any previous grant of which the grant in question is

a direct or indirect renewal.

Restriction on powers of revocation and modification

5

  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 that grant.

          (2)      Those conditions include, in particular, conditions providing that the grant

may not be revoked or modified except—

10

              (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—

              (a)             may relate to matters relevant for the purposes of any enactment

15

(whether relating to wireless telegraphy or not), and

              (b)             may, in particular, be made dependent on the exercise of a statutory

discretion under any enactment.

          (4)      Nothing in any condition included in a grant of recognised spectrum access

shall restrict the power of OFCOM to revoke or modify a grant of recognised

20

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 any international

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obligation of the United Kingdom.

Interpretation

  8        In this Schedule, “stations for wireless telegraphy” and “apparatus for

wireless telegraphy” each has the same meaning as in the Wireless

Telegraphy Act 1949 (c. 54).

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Schedule 6

Section 177

 

Fixed penalties for wireless telegraphy offences

Offences to which this Schedule applies

  1       (1)      This Schedule applies to an offence under the Wireless Telegraphy Act 1949

which—

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              (a)             is a summary offence; and

              (b)             is committed after the coming into force of section 177.

          (2)      Such an offence is referred to in this Schedule as a “relevant offence”.

 

 

Communications Bill
Schedule 6 — Fixed penalties for wireless telegraphy offences

    374

 

Fixed penalties and fixed penalty notices

  2       (1)      The fixed penalty for a relevant offence is such amount as may be prescribed

in relation to that offence by regulations made by the Secretary of State.

          (2)      The amount prescribed by regulations under sub-paragraph (1) is not to be

more than 25 per cent. of the maximum fine on summary conviction for the

5

offence in question.

          (3)      In this Schedule “fixed penalty notice” means a notice offering the

opportunity of the discharge of any liability to conviction of the offence to

which the notice relates by payment of a fixed penalty in accordance with

this Schedule.

10

Issuing of fixed penalty notice

  3       (1)      If OFCOM have reason to believe that a person has committed a relevant

offence, they may send a fixed penalty notice to that person.

          (2)      If a procurator fiscal receives a report that a person has committed a relevant

offence in Scotland, he also shall have power to send a fixed penalty notice

15

to that person.

          (3)      If an authorised person has, on any occasion, reason to believe that a

person—

              (a)             is committing a relevant offence, or

              (b)             has on that occasion committed a relevant offence,

20

                   he may hand that person a fixed penalty notice.

          (4)      In this paragraph “authorised person” means a person authorised by

OFCOM, for the purposes of sub-paragraph (3), to issue fixed penalty

notices on OFCOM’s behalf.

          (5)      References in this Schedule to the person by whom a fixed penalty notice is

25

issued, in relation to a notice handed to a person in accordance with sub-

paragraph (3), are references to OFCOM

Content of fixed penalty notice

  4       (1)      A fixed penalty notice must—

              (a)             state the alleged offence;

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              (b)             give such particulars of the circumstances alleged to constitute that

offence as are necessary for giving reasonable information about it;

              (c)             state the fixed penalty for that offence;

              (d)             specify the relevant officer to whom the fixed penalty may be paid

and the address at which it may be paid;

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              (e)             state that proceedings against the person to whom it is issued cannot

be commenced in respect of the offence until the end of the

suspended enforcement period;

              (f)             state that such proceedings cannot be commenced if the penalty is

paid within the suspended enforcement period;

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              (g)             inform the person to whom it is issued of his right to ask to be tried

for the alleged offence; and

              (h)             explain how that right may be exercised and the effect of exercising

it.

 

 

 
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