Wireless Telegraphy Act 2006

9A

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) OFCOM may give a notice in writing under this section to a satellite uplinker in relation to a relevant regulated television service if OFCOM are satisfied that the service is provided—

• (a) in contravention of a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996; or

• (b) otherwise than pursuant to such a licence.

• (3) OFCOM may give a notice in writing under this section to a satellite uplinker in relation to an on-demand programme service , or a non-UK on-demand programme service that is a Tier 1 service, if OFCOM are satisfied that the service is provided —

• (a) in contravention of a requirement of Part 4A of the Communications Act 2003; or

• (b) otherwise than pursuant to a notification under section 368BA of the Communications Act 2003.

• (4) Where a notice is given to a satellite uplinker under subsection (2)(a) or (3)(a) the notice must—

• (a) name the service;

• (b) specify the reasons why OFCOM consider that subsection (2)(a) or (3) (a) is satisfied; and

• (c) specify—

• (i) the date by which the satellite uplinker must cease the uplinking of the service; or

• (ii) a period during which the satellite uplinker must suspend the uplinking of the service.

• (5) Where a notice is given to a satellite uplinker under subsection (2)(b)or (3)(b) the notice must—

• (a) name the service; and

• (b) specify—

• (i) the date by which the satellite uplinker must cease the uplinking of the service; or

• (ii) a period during which the satellite uplinker must suspend the uplinking of the service.

• (6) In this section—

• “relevant regulated television service” has the same meaning as in section 13 of the Broadcasting Act 1990;

• “on-demand programme service , “non-UK on-demand programme service” and “Tier 1 service” each has the same meaning as in the Communications Act 2003 (see sections 368A, 368AA and 368HA of that Act).

Review of long licences

Restriction on grant of exclusive licence

Sections 12 to 16: interpretation

Bidding for grants

Regulations

Payments by the Crown

Limitations on authorised spectrum use

Statistical information

Repeated contravention

Special procedure for contraventions by multiplex licence holders

Amount of penalty under section 42

Charges for grant of licence

Matters taken into account

Terms, provisions and limitations

Spectrum trading

Restrictions on imposition of limitations etc under section 9

Orders and regulations made by Secretary of State

Procedure

Regulations

Procedure

Charges for grant of recognised spectrum access

Recovery

Recovery

Regulations

Sections 21 to 25: interpretation

Payments by the Crown

Limitations on authorised spectrum use

Payments by the Crown

Repeated contravention

Special procedure for contraventions by multiplex licence holders

Restrictions on imposition of limitations etc under section 9

Relevant amount of gross revenue

Offences

Statement of policy

Procedure for prosecutions

Special procedure for contraventions by multiplex licence holders

Approval of apparatus

The relevant authority

Broadcasting from ships and aircraft

Review of pre-26 May 2011 limitations etc.

Obstruction and failure to assist

Review of pre-26 May 2011 limitations etc.

Service of documents

“Wireless telegraphy”

Territorial sea and other waters

Notice to satellite uplinkers

Terms, provisions and limitations

Effect of grant of recognised spectrum access

Charges for grant of recognised spectrum access

Matters taken into account

Bidding for grants

Recovery

Restrictions on imposition of limitations etc under section 9

Conversion into and from wireless telegraphy licences

Limitations on authorised spectrum use

Restrictions on imposition of limitations etc under section 9

Statistical information

Amount of penalty under section 42

43A

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Relevant amount of gross revenue

Regulations

Misleading messages

Surrender of authority

Enforcement: use of apparatus

Obstruction and failure to assist

Approvals: supplementary

Information etc on or with apparatus

Broadcasting from marine structures etc

Powers of entry and search

Powers of seizure

Criminal liability of company directors etc

Documents in electronic form

“Wireless telegraphy”

Territorial sea and other waters

Orders and regulations made by Secretary of State

“Wireless telegraphy”

Territorial sea and other waters

Orders and regulations made by Secretary of State

8A

• (1) Subsection (2) applies in respect of a wireless telegraphy licence where—

• (a) the licence is granted for a period of 10 years or more; and

• (b) the rights and obligations under it may not be transferred to another person.

• (2) OFCOMmust, at such intervals as they consider appropriate, or at the reasonable request of the holder of the licence—

• (a) review whether the conditions in section 8(5) are met in relation to the use of a wireless telegraphy station or wireless telegraphy apparatus under the licence, and

• (b) if the conditions are met, make regulations under section 8(3) exempting the establishment, installation or use of stations or apparatus of that description from section 8(1).

• (3) The first review under this section, and the making of any regulations under section 8(3) in consequence of the review, must be completed on or before 19 December 2011.

8B

• (1) OFCOM may not grant an exclusive licence unless a condition in subsection (2) is met.

• (2) Those conditions are—

• (a) that it is necessary to grant an exclusive licence in order to protect safety of life services, or

• (b) that there are other exceptional circumstances which, in OFCOM'sopinion, justify the grant of an exclusive licence in order to ensure a general interest objective.

• (3) The general interest objectives are—

• (a) safety of life;

• (b) the promotion of social, regional or territorial cohesion;

• (c) avoidance of inefficient use of frequencies;

• (d) the promotion of cultural and linguistic diversity and media pluralism;

• (e) fulfilment of a requirement under the ITU Radio Regulations.

• (4) In subsection (3) “the ITU Radio Regulations” means the radio regulations of the International Telecommunication Union.

• (5) If OFCOMgrant an exclusive licence they must—

• (a) at such intervals as they consider appropriate, review whether a condition in subsection (2) continues to be met, and

• (b) publish the outcome of the review in such manner as they think fit.

• (6) In this section and section 8C, “exclusive licence” means a wireless telegraphy licence which includes a term conferring exclusive rights on the holder to use a frequency specified in the licence (throughout the United Kingdom or in a specified part of the United Kingdom).

8C

• (1) This section applies where—

• (a) OFCOM propose to grant an exclusive licence, and

• (b) they think that the grant of the licence would have a significant impact on a market for the use of the electromagnetic spectrum for wireless telegraphy in relation to which OFCOM have functions under the enactments relating to the management of the radio spectrum.

• (2) Before granting the licence OFCOM must publish, in such manner as they think fit, notice of their intention to grant the licence.

• (3) The notice must specify—

• (a) OFCOM's reasons for proposing to grant an exclusive licence, and

• (b) the period within which representations may be made to OFCOM.

• (4) The period specified under subsection (3)(b) may not be less than 30 days beginning with the day on which the notice is published.

9ZA

• (1) OFCOM may grant a wireless telegraphy licence subject to a limitation on the nature of a station that may be established or used, or the apparatus that may be installed or used, only if the limitation is necessary for a purpose specified in subsection (2).

• (2) Those purposes are—

• (a) avoiding undue interference with wireless telegraphy;

• (b) the protection of public health against electromagnetic fields;

• (c) ensuring technical quality of service;

• (d) ensuring maximisation of frequency sharing;

• (e) safeguarding the efficient management and use of the part of the electromagnetic spectrum available for wireless telegraphy;

• (f) ensuring the fulfilment of a general interest objective.

• (3) OFCOM may grant a wireless telegraphy licence incorporating a provision requiring the use of a specified frequency for the activity authorised by the licence only if the requirement is imposed in order to ensure the fulfilment of a general interest objective.

• (4) In this section “general interest objective” has the meaning given by section 8B(3).

• (5) Subsection (6) applies where OFCOM think that the imposition of a limitation or provision within subsection (1) or (3) in relation to a wireless telegraphy licence would have a significant impact on a market for the use of the electromagnetic spectrum for wireless telegraphy in relation to which OFCOM have functions under the enactments relating to the management of the radio spectrum.

• (6) Before deciding whether to impose the limitation or provision, OFCO OFCOM must consult the applicant for the licence and must take any representations into account.

• (7) If OFCOM have imposed limitations or provisions under subsection (1) or (3) in relation to a wireless telegraphy licence, they must, at such intervals as they consider appropriate—

• (a) review whether those limitations or provisions are necessary, and

• (b) publish the outcome of the review in such manner as they think fit.

• (8) But subsection (7) does not apply to a provision requiring the use of a specified frequency for the activity authorised by the licence where the licence holder has an opportunity to ask for a different frequency to be specified.

Review of pre-26 May 2011 limitations etc.

9ZB

• (1) This section applies where OFCOM have imposed limitations or provisions of a kind falling within section 9ZA(1) or (3) in relation to a wireless telegraphy licence granted on or before 25 May 2011.

• (2) As soon as reasonably practicable after 26 May 2016, OF OFCOM must review such limitations or provisions with a view to determining whether, if the licence had been granted after 25 May 2011, section 9ZA would have prevented OFCOM from imposing the limitation or provision.

• (3) If OFCOM concludes that section 9ZA would have prevented the imposition of a limitation or provision, it must vary the licence in order to remove the limitation or provision.

• (4) This section does not apply in relation to a provision requiring the use of a specified frequency for the activity authorised by the licence where the licence holder has an opportunity to ask for a different frequency to be specified.

Notice to satellite uplinkers

Charges for grant of licence

Matters taken into account

Bidding for licences

Bidding for licences

Matters taken into account

Regulations

Sections 12 to 16: interpretation

Charges for grant of recognised spectrum access

Charges for grant of recognised spectrum access

Sections 21 to 25: interpretation

Limitations on authorised spectrum use

Payments by the Crown

Spectrum trading

Limitations on authorised spectrum use

Payments by the Crown

Limitations on authorised spectrum use

General duty of OFCOM to allow leasing or transfer

Statistical information

Statistical information

Restrictions on imposing information requirements

32A

• (1) OFCOM may require a person falling within subsection (2) to provide them with all such information as they consider necessary for the purpose of carrying out their radio spectrum functions.

• (2) The persons falling within this subsection are—

• (a) a person who is using, or has established, installed or used a wireless telegraphy station or wireless telegraphy apparatus, and

• (b) any other person who appears to OFCOM to have information required by them for the purposes of their radio spectrum functions.

• (3) The information that may be required by OFCOM under subsection (1) includes, in particular, information that they require to ascertain whether a contravention has occurred of—

• (a) a term, provision or limitation specified in regulations under section 8, or

• (b) a term, provision or limitation of a wireless telegraphy licence.

• (4) A person required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM.

• (5) The powers in this section are subject to the limitations in section 32B.

Restrictions on imposing information requirements

32B

• (1) This section limits the purposes for which, and manner in which, information may be required under section 32A.

• (2) OFCOM are not to require the provision of information for the purpose of ascertaining whether a contravention of a term, provision or limitation has occurred or is occurring, unless—

• (a) the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint;

• (b) the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not the term, provision or limitation in question has been complied with;

• (c) the term, provision or limitation in question is one which OFCOM have reason to suspect has been or is being contravened;

• (d) the term, provision or limitation in question relates to the effective and efficient use of frequencies; or

• (e) the term, provision or limitation in question relates to sums payable to OFCOM in respect of a wireless telegraphy licence.

• (3) OFCOM are not to require the provision of information except—

• (a) by a demand for the information that describes the required information and sets out OFCOM’s reasons for requiring it; and

• (b) where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of OFCOM's functions.

• (4) A demand for information must be contained in a notice served on the person from whom the information is required.

Notification of contravention of information requirements

32C

• (1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 32A, they may give that person a notification under this section.

• (2) A notification under this section is one which—

• (a) sets out the determination made by OFCOM;

• (b) specifies the requirement and contravention in respect of which the determination has been made;

• (c) specifies the period during which the person notified has an opportunity to make representations;

• (d) specifies information to be provided by the person to OFCOM; and

• (e) specifies any penalty which OFCOM are minded to impose in accordance with section 32D.

• (3) A notification under this section—

• (a) may be given in respect of more than one contravention; and

• (b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

• (4) Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—

• (a) the contravention is one occurring after the time of the giving of the earlier notification;

• (b) the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

• (c) the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

Penalties for contravention of information requirements

32D

• (1) This section applies where a person is given a notification under section 32C which specifies a proposed penalty.

• (2) OFCOM may specify a penalty only if no proceedings for an offence under section 33 have been brought against the person in respect of the contravention.

• (3) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

• (4) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

• (5) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

• (a) the giving of a confirmation decision under section 32E(4)(c) which requires immediate action; or

• (b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

• (6) The amount of a penalty under subsection (5) is to be such amount not exceeding £20,000 per day as OFCOM determine to be—

• (a) appropriate; and

• (b) proportionate to the contravention in respect of which it is imposed

• (7) The amount of any other penalty specified under this section is to be such amount not exceeding £2 million as OFCOM determine to be both—

• (a) appropriate; and

• (b) proportionate to the contravention in respect of which it is imposed.

Enforcement of notification under section 32C

32E

• (1) This section applies where—

• (a) a person has been given a notification under section 32C;

• (b) OFCOM have allowed the person an opportunity to make representations about the matters notified; and

• (c) the period allowed for the making of representations has expired.

• (2) OFCOM may—

• (a) give the person a decision (a “confirmation decision”) confirming the imposition of requirements in accordance with the notification under section 32C; or

• (b) inform the person that they are satisfied with the person’s representations and that no further action will be taken.

• (3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a requirement notified under section 32C.

• (4) A confirmation decision—

• (a) must be given to the person without delay;

• (b) must include reasons for the decision;

• (c) may require immediate action by the person to comply with a requirement notified under section 32C, or may specify a period within which the person must comply with the requirement; and

• (d) may require the person to pay—

• (i) the penalty specified in the notification under section 32C, or

• (ii) such lesser penalty as OFCOM consider appropriate in the light of the person’s representations or steps taken by the person to comply with the requirement or remedy the consequences of the contravention,

and may specify the period within which the penalty is to be paid.

• (5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.

• (6) That duty is enforceable in civil proceedings by OFCOM —

• (a) for an injunction;

• (b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

• (c) for any other appropriate remedy or relief.

• (7) A penalty imposed by a confirmation decision—

• (a) must be paid to OFCOM; and

• (b) if not paid within the period specified by them, is to be recoverable by them accordingly.

Failure to provide information etc

Statement of policy

Revocation and variation of registration

Register of providers of dynamic spectrum access services

Provision of information to persons registered under section 53A

Regulations

The relevant authority

Relevant amount of gross revenue

Regulations

Surrender of authority

Enforcement: use of apparatus

Obstruction and failure to assist

Approvals: supplementary

Information etc on or with apparatus

Broadcasting from marine structures etc

Powers of entry and search

Fixed penalties for summary offences

Criminal liability of company directors etc

Documents in electronic form

Service of documents

Territorial sea and other waters

Territorial sea and other waters

Orders and regulations made by Secretary of State

6A

OFCOM may not revoke or vary a wireless telegraphy licence unless the proposed revocation or variation is objectively justifiable.

Terms, provisions and limitations