The 823–832 MHz and 1785–1805 MHz etc. Frequency Bands (Management) Regulations 2015

Made: 7th September 2015

Laid before Parliament: 9th September 2015

Coming into force: 2nd October 2015

The Secretary of State, being a Minister designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in respect of matters relating to electronic communications, in exercise of the powers conferred by that section makes the following Regulations:

Citation, commencement and interpretation

1

These Regulations may be cited as the 823–832 MHz and 1785–1805 MHz etc. Frequency Bands (Management) Regulations 2015 and come into force on 2nd October 2015.

2

In these Regulations—

• “Commission Decision” means Commission Implementing Decision 2014/641/EU of 1st September 2014 on harmonised technical conditions of radio spectrum use by wireless audio programme making and special events equipment in the Union[^f00003];

• “OFCOM” means the Office of Communications as established by the Office of Communications Act 2002[^f00004];

• “non-interference and non-protection basis” has the meaning given by Article 2 of the Commission Decision;

• “wireless audio PMSE equipment” has the meaning given by Article 2 of the Commission Decision.

Designation of spectrum for wireless audio PMSE equipment

3

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

• (2) OFCOM must ...—

• (a) designate and make available, on a non-interference and non-protection basis, the 823–832 MHz and 1785–1805 MHz frequency bands for wireless audio PMSE equipment, subject to the technical conditions set out in the Annex to the Commission Decision; and

• (b) designate and make available radio spectrum in addition to the spectrum covered by sub-paragraph (a) so that an additional amount of at least 30 MHz can be used for wireless audio PMSE equipment, subject to user demand and on a non-interference and non-protection basis with regard to users who have an individual right to use such spectrum.

4

Notwithstanding regulation 3(2)(a), any authorisations and rights to use spectrum in the 823–832 MHz and 1785–1805 MHz frequency bands which existed on 1st September 2014 may be continued, but only until expiry thereof and to the extent necessary.

Signed

Ed Vaizey — Minister of State — Department for Culture, Media and Sport — 2015-09-07

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations implement in the United Kingdom the Commission Implementing Decision 2014/641/EU of 1st September 2014 on harmonised technical conditions of radio spectrum use by wireless audio programme making and special events equipment in the Union (“the Commission Decision”).

Regulation 3(1) requires the Office of Communications (“OFCOM”) to exercise their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the Commission Decision.

Regulation 3(2) specifies the obligations under Article 3(1) and (2) of the Commission Decision to which OFCOM must give effect.

Regulation 4 ensures that any existing authorisations and rights to use spectrum in the 823-832 MHz and 1785-1805 MHz bands may be continued. Decisions about the continuation of existing authorisations and rights will be taken by OFCOM in relation to authorisations and rights they are responsible for and by Government in relation to use by the public sector. Information about existing authorisations and rights in the 823-832 MHz and 1785-1805 MHz frequency bands can be found on OFCOM’s website at www.ofcom.org.uk.

An impact assessment has not been produced for these Regulations as no impact on business and the voluntary sector is foreseen.

A Transposition Note has been produced for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: S.I. 2001/3495. This has been amended, but the amendments are not relevant for the purposes of these Regulations.

[^f00002]: 1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part I of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: OJ No L 263, 3.9.2014, p29.

[^f00004]: 2002 c. 11.

Editorial notes

[^key-85d263b750f5269773762c805f9601ef]: Reg. 1 in force at 2.10.2015, see reg. 1

[^key-24d4e830ab970dd0f7de832051cf0594]: Reg. 2 in force at 2.10.2015, see reg. 1

[^key-723037d4ae2f8cfa3f53830595252531]: Reg. 3 in force at 2.10.2015, see reg. 1

[^key-fb037e190caad3fec42210aba26b478f]: Reg. 4 in force at 2.10.2015, see reg. 1

[^key-15289b9bb1b06b9b8343f93261965ea1]: Reg. 3(1) omitted (31.12.2020) by virtue of The Radio Spectrum (EU Exit) Regulations 2018 (S.I. 2018/1385), regs. 1, 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9ba7ef38161a7370cf9c2c446c65f96e]: Words in reg. 3(2) omitted (31.12.2020) by virtue of The Radio Spectrum (EU Exit) Regulations 2018 (S.I. 2018/1385), regs. 1, 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)