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Communications Bill


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

    142

 

     (2)    Before making an order containing a direction under section 153, the Secretary

of State must consult both—

           (a)           OFCOM; and

           (b)           such other persons as he thinks fit.

     (3)    Subsection (2) does not apply where the Secretary of State considers that the

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urgency of the case makes it inexpedient to carry out the consultation before

making the order.

     (4)    Subject to subsection (5), no order is to be made containing provision

authorised by section 153 unless a draft of the order has been laid before

Parliament and approved by a resolution of each House.

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     (5)    Subsection (4) does not apply where the Secretary of State considers either—

           (a)           before or in the course of the consultation required by subsection (2); or

           (b)           after the consultation and before or after a draft of the order has been

laid before Parliament,

            that the urgency of the case is or has become such that he should make the

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order straight away.

     (6)    Where under subsection (5) the Secretary of State makes an order containing a

direction under section 153 without a draft of the order having been approved,

the order shall cease to have effect at the end of the period of forty days

beginning with the day on which it was made unless, before the end of that

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period, it has been approved by a resolution of each House of Parliament.

     (7)    For the purposes of subsection (6)—

           (a)           the order’s ceasing to have effect is without prejudice to anything

previously done, or to the making of a new order; and

           (b)           in reckoning the period of forty days no account shall be taken of any

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period during which Parliament is dissolved or prorogued or during

which both Houses are adjourned for more than four days.

Reservation of spectrum for multiplex use

 155   Special duty in relation to television multiplexes

     (1)    This section applies where OFCOM, in exercise of their functions under the

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

frequencies for the broadcasting of television programmes.

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

those enactments, to exercise their powers so as to secure, so far as practicable,

that the requirement of subsection (3) is satisfied.

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     (3)    That 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

service.

     (4)    In subsection (3) “licensed television multiplex service” means a television

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multiplex service the provision of which is authorised by a licence under Part

1 of the 1996 Act.

     (5)    In this section “qualifying service” and “television multiplex service” each has

the same meaning as in Part 3 of this Act.

 

 

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

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Recognised spectrum access

 156   Grant of recognised spectrum access

     (1)    This section applies where—

           (a)           a person is proposing to use or to continue to use a station or apparatus

for wireless telegraphy;

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           (b)           the circumstances of the use are circumstances specified for the

purposes of this section in regulations made by OFCOM;

           (c)           that use does not require a wireless telegraphy licence but will involve

the emission of electro-magnetic energy with a view to the reception of

anything at places in the United Kingdom or in the territorial waters

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adjacent to the United Kingdom;

            and for the purposes of this section it is immaterial whether the emissions are

from a place within the United Kingdom or from a place outside the United

Kingdom.

     (2)    On an application by that person, OFCOM may make a grant of recognised

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spectrum access in respect of any use by him of anything for wireless

telegraphy that is specified in the grant.

     (3)    A grant of recognised spectrum access made to a person shall set out, by

reference to such factors as OFCOM think fit (including, so far as they think fit,

frequencies, times and places of reception and strength and type of signal), the

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respects in which the use of anything by that person for wireless telegraphy is

recognised by the grant.

     (4)    A grant of recognised spectrum access to a person is made by giving him a

notification containing the grant.

     (5)    A grant of recognised spectrum access may be made subject to such restrictions

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and conditions as OFCOM think fit, including, in particular—

           (a)           restrictions or conditions as to strength or type of signal, as to times of

use and as to the sharing of frequencies;

           (b)           restrictions of, or conditions imposing prohibitions on, the

transmission or broadcasting of particular matters by the holder of the

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grant; and

           (c)           conditions requiring the transmission or broadcasting of particular

matters by that person.

     (6)    The restrictions and conditions of a grant of recognised spectrum access made

to a person must not duplicate obligations already imposed on him by general

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conditions set under section 42.

     (7)    Where a grant of recognised spectrum access is made subject to restrictions and

conditions, the restrictions and conditions must be set out in the notification by

which the grant is made.

     (8)    Schedule 5 (which makes provision about the grant, revocation and

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modification of recognised spectrum access) shall have effect.

     (9)    Section 396 applies to the power of OFCOM to make regulations under

subsection (1).

     (10)   Expressions used in this section and in the Wireless Telegraphy Act 1949 (c. 54)

have the same meanings in this section as in that Act.

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

    144

 

 157   Effect of grant of recognised spectrum access

     (1)    This section applies to the following functions of OFCOM—

           (a)           their functions under section 1 of the Wireless Telegraphy Act 1949

(c. 54) (licensing of the use of the radio spectrum) with respect to the

granting of wireless telegraphy licences;

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           (b)           their functions under section 156 of this Act with respect to the making

of grants of recognised spectrum access; and

           (c)           any of their other functions under the enactments relating to the

management of the radio spectrum in the carrying out of which it is

appropriate for them to have regard to—

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                  (i)                 whether wireless telegraphy licences are in force; or

                  (ii)                the terms, provisions or limitations of wireless telegraphy

licences that are for the time being in force.

     (2)    In carrying out the functions to which this section applies it shall be the duty

of OFCOM to take into account—

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           (a)           the existence of any grant of recognised spectrum access that is for the

time being in force, and

           (b)           the provisions imposing the restrictions and conditions subject to

which the grant has effect,

            to the same extent as they would take into account a wireless telegraphy licence

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with terms, provisions or limitations making equivalent provision.

 158   Charges in respect of grants of recognised spectrum access

     (1)    The Wireless Telegraphy Act 1998 (c. 6) (which makes provision about the

sums that may be charged in respect of the issue and renewal of wireless

telegraphy licences etc.) shall be amended as follows.

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     (2)    In section 1 (charges for wireless telegraphy licences)—

           (a)           in subsection (1), after “this Act” there shall be inserted—

                        “(a)                           references to a grant of recognised spectrum access are

references to a grant made under section 156 of the

Communications Act 2003 (recognised spectrum

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access); and

                        (b)”;

           (b)           in subsection (2), for the words from “or renewal”, where they first

occur, to “is issued” there shall be substituted “of a wireless telegraphy

licence or the making of a grant of recognised spectrum access and,

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where regulations under this section so provide, subsequently at such

times during the term of the licence or grant and such times in respect

of its variation, modification or revocation, as may be prescribed by the

regulations, there shall be paid to OFCOM by the person to whom the

licence is issued or the grant made”; and

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           (c)           in subsection (4), for the words from “or renewal”, where they first

occur, to “the licence” there shall be substituted “of a licence or the

making of a grant of recognised spectrum access, OFCOM may, on the

issue of the licence or the making of the grant,”.

 

 

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

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     (3)    After section 3 of that Act there shall be inserted the following section—

       “3A            Bidding for grants of recognised spectrum access

           (1)           Having regard to the desirability of promoting the optimal use of the

electro-magnetic spectrum, OFCOM may by regulations provide that,

in such cases as may be specified in the regulations, applications for

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grants of recognised spectrum access must be made in accordance with

a procedure which involves the making by the applicant of a bid

specifying an amount which he is willing to pay to OFCOM in respect

of the grant.

           (2)           Regulations under this section may make provision with respect to the

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grants to which they apply and the restrictions and conditions subject

to which such grants are made.

           (3)           The regulations may, in particular—

                  (a)                 require the applicant’s bid to specify the amount which he is

willing to pay;

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                  (b)                 require that amount to be expressed—

                        (i)                        as a cash sum;

                        (ii)                       as a sum determined by reference to a variable (such as

income attributable wholly or in part to the use of

wireless telegraphy to which the grant relates);

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                        (iii)                      as a combination of the two; or

                        (iv)                       (at the applicant’s choice) in any one of the ways falling

within the preceding sub-paragraphs that is authorised

by the regulations;

                  (c)                 require that amount to be expressed in terms of—

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                        (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) in any one of the ways falling

within the preceding sub-paragraphs that is authorised

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by the regulations;

                  (d)                 specify requirements (such as, for example, technical or

financial requirements, requirements relating to the use of

wireless telegraphy to which the grant relates and requirements

intended to restrict the holding of two or more grants of

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recognised spectrum access by any one person) which must be

met by applicants for a grant;

                  (e)                 require any such applicant to pay a deposit to OFCOM;

                  (f)                 specify circumstances in which such a deposit is, or is not, to be

refundable;

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                  (g)                 specify matters to be taken into account by OFCOM (in addition

to the bids made in accordance with the prescribed procedure)

in deciding whether, or to whom, to make a grant of recognised

spectrum access;

                  (h)                 specify the other restrictions and conditions subject to which a

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grant to which the regulations apply is to be made; and

                  (i)                 make any provision referred to in section 1(3).

           (4)           Regulations under this section are not to be construed as binding

OFCOM to make a grant on the completion of the procedure provided

 

 

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

    146

 

for in the regulations except in such circumstances as may be provided

for in the regulations.

           (5)           A grant of recognised spectrum access made in accordance with

regulations under this section shall specify either—

                  (a)                 the sum or sums which in consequence of the bids made are, in

5

accordance with the regulations, to be payable in respect of the

grant; or

                  (b)                 the method for determining that sum or those sums;

                         and that sum or those sums shall be paid to OFCOM by the person to

whom the grant is made in accordance with the conditions of the grant.

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           (6)           In determining the sum or sums payable in respect of a grant, regard

may be had to bids made for other grants of recognised spectrum access

and for wireless telegraphy licences.

           (7)                         Regulations under this section may provide that where a person—

                  (a)                 makes an application for a grant of recognised spectrum access

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in accordance with a procedure provided for by such

regulations, but

                  (b)                 subsequently refuses the grant applied for,

                         that person shall make such payments to OFCOM as may be

determined in accordance with the regulations by reference to bids

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made for the grant.

           (8)           Subsection (4) of section 1 is to apply in relation to sums that will or

may become payable under regulations under this section

subsequently to the making of a grant of recognised spectrum access as

it applies to sums that will or may become payable under regulations

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under that section.”

 159   Conversion into and from wireless telegraphy licences

     (1)    OFCOM may by regulations make provision for—

           (a)           the conversion, on the application of the licence holder, of a wireless

telegraphy licence into a grant of recognised spectrum access; and

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           (b)           the conversion, on the application of the holder of the grant, of a grant

of recognised spectrum access into a wireless telegraphy licence.

     (2)    Section 396 applies to the power of OFCOM to make regulations under this

section.

Crown use of the radio spectrum

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 160   Payments for use of radio spectrum by the Crown

     (1)    The Secretary of State may, out of money provided by Parliament, make

payments to OFCOM of such amounts as he considers appropriate in respect

of—

           (a)           the establishment and use by or on behalf of the Crown, of a station for

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wireless telegraphy;

           (b)           the installation and use by or on behalf of the Crown, of apparatus for

wireless telegraphy;

           (c)           any grant of recognised spectrum access made to the Crown.

 

 

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

    147

 

     (2)    The payments made under this section shall be made at such times and, so far

as made in relation to use, in relation to such periods as the Secretary of State

considers appropriate.

     (3)    Expressions used in this section and in the Wireless Telegraphy Act 1949 (c. 54)

have the same meanings in this section as in that Act.

5

Limitations and exemptions applied to spectrum use

 161   Limitations on authorised spectrum use

     (1)    If they consider it appropriate, for the purpose of securing the efficient use of

the electro-magnetic spectrum, to impose limitations on the use of particular

frequencies, OFCOM must make an order imposing the limitations.

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     (2)    An order under this section may do one or both of the following—

           (a)           specify frequencies for the use of which OFCOM will grant or make

only a limited number of wireless telegraphy licences and grants of

recognised spectrum access; or

           (b)           specify uses for which, on specified frequencies, OFCOM will grant or

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make only a limited number of wireless telegraphy licences and grants

of recognised spectrum access.

     (3)    Where OFCOM make an order under this section, it must set out the criteria

which OFCOM will apply in determining in accordance with the order—

           (a)           the limit on the number of wireless telegraphy licences and grants of

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recognised spectrum access to be granted or made for the specified

frequencies or uses;

           (b)           the persons to whom licences will be granted or grants of spectrum

access made.

     (4)    OFCOM must satisfy themselves that any criteria set out by virtue of

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subsection (3) are—

           (a)           objectively justifiable in relation to the frequencies or uses to which

they relate;

           (b)           not such as to discriminate unduly against particular persons or against

a particular description of persons;

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           (c)           proportionate to what they are intended to achieve; and

           (d)           in relation to what they are intended to achieve, transparent.

     (5)    It shall be the duty of OFCOM to exercise the following powers in accordance

with the orders for the time being in force under this section—

           (a)           their powers under the Wireless Telegraphy Act 1949 and the Wireless

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Telegraphy Act 1998 (c. 6) with respect to wireless telegraphy licences;

and

           (b)           their powers under the Wireless Telegraphy Act 1998 and this Chapter

with respect to grants of recognised spectrum access.

     (6)    OFCOM must keep under review any order for the time being in force under

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this section.

     (7)    It shall be the duty of OFCOM to make an order revoking or amending the

provisions of an order under this section if, on reviewing it, they consider it

necessary to do so for the purpose of securing the efficient use of the electro-

magnetic spectrum.

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

    148

 

     (8)    An order under this section may make provision by reference to

determinations which—

           (a)           are made from time to time by OFCOM in accordance with the

provisions of such an order; and

           (b)           are published by them from time to time in such manner as may be

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provided for in such an order.

     (9)    Section 396 applies to the power of OFCOM to make an order under this

section.

 162   Terms etc. of wireless telegraphy licences

In section 1 of the Wireless Telegraphy Act 1949 (c. 54), after subsection (2)

10

(terms, provisions and limitations of the licence) there shall be inserted—

           “(2A)              Those terms, provisions and limitations may also include, in

particular—

                  (a)                 terms, provisions and limitations as to strength or type of

signal, as to times of use and as to the sharing of frequencies;

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                  (b)                 terms, provisions or limitations imposing prohibitions on the

transmission or broadcasting of particular matters by the holder

of the licence; and

                  (c)                 terms or provisions requiring the transmission or broadcasting

of particular matters by that person.

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           (2B)              A licence under this section may be granted either—

                  (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;

                         and such a description may be expressed by reference to such factors

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(including factors confined to the manner in which it is established,

installed or used) as OFCOM think fit.

           (2C)              The terms, provisions and limitations of a licence granted under this

section to a person must not duplicate obligations already imposed on

him by general conditions set under section 42 of the Communications

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Act 2003.”

 163   Exemption from need for wireless telegraphy licence

After section 1 of the Wireless Telegraphy Act 1949 there shall be inserted—

       “1AA             Exemption from need for wireless telegraphy licence

           (1)           If OFCOM are satisfied that the condition in subsection (2) is satisfied

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as respects the use of stations or apparatus of any particular

description, they shall make regulations under section 1 of this Act

exempting the establishment, installation and use of any station or

apparatus of that description from the prohibition in that section.

           (2)           That condition is that the use of stations or apparatus of that description

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is not likely to involve any undue interference with wireless

telegraphy.”

 

 

 
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