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Communications Bill


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

    150

 

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

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—

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

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.

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

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

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a particular description of persons;

           (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—

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           (a)           their powers under the Wireless Telegraphy Act 1949 (c. 54) and the

Wireless 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.

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

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-

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magnetic spectrum.

     (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

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

provided for in such an order.

     (9)    Section 400 applies to the power of OFCOM to make an order under this

section.

 163   Terms etc. of wireless telegraphy licences

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

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

 

 

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

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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 43 of the Communications

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Act 2003.”

 164   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.”

Award and transfer of licences

 165   Bidding for wireless telegraphy licences

     (1)    Section 3 of the Wireless Telegraphy Act 1998 (c. 6) (bidding for wireless

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telegraphy licences) shall be amended as follows.

     (2)    The following shall cease to have effect—

           (a)           in subsection (1), the words “or determined by him under” and

paragraph (a) (requirement to set out procedure for bidding in a notice

issued under regulations); and

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           (b)           subsection (2) (matters to be included in regulations).

     (3)    In subsection (3) (provision that may be contained in regulations)—

           (a)           for paragraph (a) there shall be substituted—

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

willing to pay;

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                        (aa)                           require that amount to be expressed—

                               (i)                              as a cash sum;

 

 

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

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

(such as income attributable wholly or in part to

the holding of the licence);

                               (iii)                            as a combination of the two; or

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

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falling within the preceding sub-paragraphs that

is authorised by the regulations;

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

                               (i)                              the making of a single payment;

                               (ii)                             the making of periodic payments;

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                               (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 by the regulations;”

           (b)           in paragraph (f), for “any licence” there shall be substituted “a licence

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to which the regulations apply”; and

           (c)           the word “and” shall be inserted at the end of paragraph (f) and

paragraph (h) shall cease to have effect.

     (4)    For subsection (4) (notice not to create binding obligation to grant licence) there

shall be substituted—

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

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

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

for in the regulations.”

     (5)    For subsection (5) (licence to specify the amount payable in accordance with

25

the applicant’s bid) there shall be substituted—

           “(5)              A wireless telegraphy licence granted in accordance with regulations

under this section shall specify either—

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

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

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licence; 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 licence is granted in accordance with the terms of the

licence.”

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     (6)    For subsection (6) there shall be substituted—

           “(5A)              In determining the sum or sums payable in respect of a wireless

telegraphy licence, regard may be had to bids made for other wireless

telegraphy licences and for grants of recognised spectrum access.

           (5B)              Regulations under this section may provide that where a person—

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                  (a)                 makes an application for a licence in accordance with a

procedure provided for by such regulations, but

                  (b)                 subsequently refuses the licence 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 licence.

 

 

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

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           (6)              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 grant of a wireless telegraphy licence as it applies

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

section.”

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 166   Spectrum trading

     (1)    OFCOM may by regulations authorise the transfer to another person by—

           (a)           the holder of a wireless telegraphy licence, or

           (b)           the holder of a grant of recognised spectrum access,

            of rights and obligations arising by virtue of such a licence or grant.

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     (2)    The transfers that may be authorised by regulations under this section are—

           (a)           such transfers of all or any of the rights and obligations under a licence

or grant as have the effect that the rights and obligations of the person

making the transfer become rights and obligations of the transferee to

the exclusion of the person making the transfer;

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           (b)           such transfers of all or any those rights and obligations as have the

effect that the transferred rights and obligations become rights and

obligations of the transferee while continuing, concurrently, to be

rights and obligations of the person making the transfer; and

           (c)           transfers falling within either of the preceding paragraphs under which

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the rights and obligations that are acquired by the transferee take

effect—

                  (i)                 if they are rights and obligations under a wireless telegraphy

licence, as rights and obligations under a grant of recognised

spectrum access; and

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                  (ii)                if they are rights and obligations under such a grant, as rights

and obligations under a wireless telegraphy licence.

     (3)    Regulations authorising the transfer of rights and obligations under a wireless

telegraphy licence or grant of recognised spectrum access may—

           (a)           authorise a partial transfer to be made by reference to such factors and

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apportionments, and to have effect in relation to such matters and

periods, as may be described in the regulations, or as may be

determined in accordance with them;

           (b)           by reference to such factors (including the terms and conditions of the

licence or grant in question) as may be specified in or determined in

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accordance with the regulations, restrict the circumstances in which,

the extent to which and the manner in which a transfer may be made;

           (c)           require the approval or consent of OFCOM for the making of a transfer;

           (d)           provide for a transfer to be effected by the surrender of a licence or

grant of recognised spectrum access and the grant or making of a new

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one in respect of the transfer;

           (e)           confer power on OFCOM to direct that a transfer must not be made, or

is to be made only after compliance with such conditions as OFCOM

may impose in accordance with the regulations;

           (f)           authorise OFCOM to require the payment to them of such sums as may

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be determined by or in accordance with the regulations in respect of

determinations made by OFCOM for the purposes of the regulations or

in respect of an approval or consent given for those purposes;

 

 

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

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           (g)           make provision for the giving of security (whether by the giving of

deposits or otherwise) in respect of sums payable in pursuance of any

regulations under this section;

           (h)           make provision as to the circumstances in which security given under

such regulations is to be returned or may be retained;

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           (i)           impose requirements as to the procedure to be followed for the making

of a transfer and, in particular, as to the notification about a transfer that

must be given to OFCOM, or must be published, both in advance of its

being made and afterwards;

           (j)           impose requirements as to the records to be kept in connection with any

10

transfer, and as to the persons to whom such records are to be made

available;

           (k)           set out the matters to be taken into account in the making of

determinations under regulations under this section.

     (4)    The transfer of rights and obligations under a wireless telegraphy licence or

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grant of recognised spectrum access shall be void except to the extent that it is

made—

           (a)           in accordance with regulations under this section; or

           (b)           in accordance with a provision specified in subsection (5).

     (5)    That provision is a provision which—

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           (a)           is contained in a wireless telegraphy licence granted before the

commencement of this section or in the first or any subsequent renewal

after the commencement of this section of a licence so granted; and

           (b)           allows the holder of the licence to confer the benefit of the licence on

another in respect of any station or apparatus to which the licence

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relates.

     (6)    A transfer shall also be void if it is made in contravention of a direction given

by OFCOM in exercise of a power conferred by regulations under this section.

     (7)    Section 400 applies to the power of OFCOM to make regulations under this

section.

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Variation and revocation of licences

 167   Variation and revocation of wireless telegraphy licences

     (1)    For section 1E of the Wireless Telegraphy Act 1949 (c. 54) (variation and

revocation of licences for the provision of a telecommunication service) there

shall be substituted—

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       “1E            Variation or revocation of a licence

           (1)           Where OFCOM propose to vary or revoke a wireless telegraphy

licence, they shall give the person holding the licence a notification

under this subsection—

                  (a)                 stating the reasons for the proposed variation or revocation; and

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                  (b)                 specifying the period during which the person notified has an

opportunity to do the things specified in subsection (2).

           (2)           Those things are—

                  (a)                 making representations about the proposal; and

 

 

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

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                  (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 subsections (4) to (6), the period for doing those things must

be the period of one month beginning with the day after the one on

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which 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

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specified period.

           (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

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a case of serious and repeated contravention or an urgent case;

                  (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 vary or revoke the licence will

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result in, or create an immediate risk of—

                  (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—

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                        (i)                        use stations or apparatus for wireless telegraphy; or

                        (ii)                       are communications providers or make associated

facilities available.

           (8)           Subsection (1) does not apply to a proposal to vary or revoke a licence

if the proposal is made at the request or with the consent of the licence

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holder.

           (9)                         For the purposes of this section a contravention of a term, provision or

limitation of a licence is a repeated contravention, in relation to a

proposal to vary or revoke a licence, if it falls within subsection (10).

           (10)          A contravention falls within this subsection if—

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                  (a)                 a previous notification under subsection (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; and

                  (b)                 the subsequent notification under that subsection is given no

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more than twelve months after the day of the making by

OFCOM of a determination for the purposes of subsection (11)

that the contravention to which the previous notification related

did occur.

           (11)          Where OFCOM have given a notification under subsection (1), they

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shall, within the period of one month beginning with the end of the

 

 

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

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period for the making of representations about the proposal contained

in that notification—

                  (a)                 decide whether or not to vary or revoke the licence in

accordance with their proposal, or in accordance with that

proposal but with modifications; and

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                  (b)                 give the person holding the licence a notification of their

decision.

           (12)          The notification under subsection (11)—

                  (a)                 must be given no more than one week after the making of the

decision to which it relates; and

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                  (b)                 must, in accordance with that decision, either vary or revoke the

licence or withdraw the proposal for a variation or revocation.

           (13)          The reference in subsection (10) 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

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which the licence in question is a direct or indirect renewal.

           (14)          In this section, ‘communications provider’ and ‘associated facility’

have the same meaning as in the Communications Act 2003.”

     (2)    Nothing in this section is to apply in any case in which a notice under section

1E(1) of the Wireless Telegraphy Act 1949 (c. 54) was served before the

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commencement of this section.

Wireless telegraphy register

 168   Wireless telegraphy register

     (1)    OFCOM may by regulations make provision for the establishment and

maintenance of a register of relevant information.

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     (2)    OFCOM are to include relevant information in the register if, and only if, it is

relevant information of a description prescribed by regulations under this

section.

     (3)    Information is relevant information for the purposes of subsection (1) if it

relates to—

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           (a)           the issue, renewal, transfer, variation or revocation of wireless

telegraphy licences; or

           (b)           the making, renewal, transfer, modification or revocation of grants of

recognised spectrum access.

     (4)    Subject to such conditions (including conditions as to payment) as may be

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prescribed by regulations under this section, a register established by virtue of

subsection (1) shall be open to inspection by the public.

     (5)    Section 400 applies to the power of OFCOM to make regulations under this

section.

 

 

 
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