Wireless Telegraphy Act 2006

[^key-dddf5d8c6a1a50fcd1ed4bccfd675645]: Words in s. 111(4)(d) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 171(2)(i) (with art. 3)

[^key-df51a114f064d15a11cb53b3a7eef155]: Act: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(e)

[^key-e2b24905384ea579952ce34d79edfc47]: S. 6(3A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 3 (with Sch. 3 para. 2)

[^key-e75a356d4856c3ba986fcbd5f88e81e4]: Words in Sch. 4 para. 4(2)(a) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 10(1), 118(2) (with s. 10(2))

[^key-e870828a5fedd5a53406b29f3eb3a18d]: S. 42(7) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 9(3), 118(2) (with s. 9(13))

[^key-ea88125b9aae9b4d026010620afe9708]: S. 8(3A)(3B) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 4(a) (with Sch. 3 para. 2)

[^key-efa34a4fcac72ed720e1ce99e29067cd]: Words in s. 9A(3) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(2)(a)

[^key-efe603ff13c32d4351d699becad96ba1]: Word in s. 14(3A) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(3)(a), Sch. 1 para. 93

[^key-f2d69d5e7b0f9ccee389a83af88d8ab7]: S. 8(1) restricted by S.I. 2010/2512, reg. 10 (as inserted (27.6.2014) by The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014 (S.I. 2014/1484), regs. 1, 2(3))

[^key-f47ec379f26092c642d6fe61d765a025]: S. 39(3)-(8) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 13(b) (with Sch. 3 para. 2)

[^key-f4831b6f1aa8e74ca6f196d974c4c43b]: S. 107(3A)-(3D) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 13(2), 118(2) (with s. 13(4))

[^key-f48957b4e1a9317c1e2ac5a15308bc06]: S. 121(2)(b) omitted (27.6.2018) by virtue of Investigatory Powers Act 2016 (c. 25), ss. 259(7)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(b) (with reg. 20)

[^key-f6aa6e20a4866d3494cd5e2dd14f81f3]: Words in s. 38(6)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-f6e6e0951c36d48ee7618be16f871be4]: S. 8(1) excluded (25.3.2015) by The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2015 (S.I. 2015/591), regs. 1, 29, 30

[^key-fb340014009828502dc04d968605c7f8]: Words in Sch. 4 para. 10(6) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 80(5)(d)(ii), 115(7); S.I. 2015/994, art. 6(m)

[^key-fb934235139e22899e7c05f227c50906]: S. 8(1) excluded (31.12.2015) by The Wireless Telegraphy (White Space Devices) (Exemption) Regulations 2015 (S.I. 2015/2066), regs. 1(1), 3

[^key-fc674dd86a25ac358dfa66e41fe2563d]: S. 43(2A) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 9(6), 118(2) (with s. 9(13))

[^key-fc826a76a7e9559d8120fa5cd8cef03a]: Words in s. 43(1) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 9(5), 118(2) (with s. 9(13))

[^key-fecaa0fd88b2c5e41397ffdbca347b63]: S. 14(3C) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 84

[^key-4d309aa5c01dd2890aea6f2628ede3c9]: Words in s. 111(6)(q)(iii) omitted (6.4.2025 for specified purposes, 1.1.2026 for specified purposes) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 18

[^key-1043f908d5f45bcd9a8130e91d5fe7b3]: S. 8(1) excluded (25.2.2026) by The Wireless Telegraphy (Direct to Device Satellite Communications) (Exemption) Regulations 2026 (S.I. 2026/139), regs. 1(1), 3, 4

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Review of pre-26 May 2011 limitations etc.

Notice to satellite uplinkers

Procedure

Matters taken into account

Regulations

Bidding for grants

Procedure

Payments by the Crown

Recovery

Sections 21 to 25: interpretation

Payments by the Crown

Spectrum trading

Wireless telegraphy register

Information required for purposes of radio spectrum functions

Restrictions on imposing information requirements

Notification of contravention of information requirements

Penalties for contravention of information requirements

Enforcement of notification under section 32C

Special procedure for contraventions of certain provisions

Regulations

Repeated contravention

Wireless personnel

Special procedure for contraventions by multiplex licence holders

Provision of information to persons registered under section 53A

Entry and search of premises etc

Orders and regulations made by Secretary of State

Regulations

Misleading messages

Powers of seizure

“Wireless telegraphy apparatus” and “wireless telegraphy station”

Orders and regulations made by OFCOM

Special procedure for contraventions by holders of wireless telegraphy licences

Notification of contravention of information requirements

Regulations about use and sale etc of apparatus

Obstruction and failure to assist

Fines in Scotland

Service of documents

“Wireless telegraphy”

Territorial sea and other waters

Provision of information to persons registered under section 53A

Orders and regulations made by Secretary of State

Regulations about use and sale etc of apparatus

Entry and search of premises etc

Obstruction and failure to assist

The relevant authority

Fines in Scotland

“Wireless telegraphy”

Orders and regulations made by Secretary of State

General functions

Restriction on grant of exclusive licence

Consultation before grant of exclusive licence

Restrictions on imposition of limitations etc under section 9

Review of pre-26 May 2011 limitations etc.

Notice to satellite uplinkers

Procedure

Charges for grant of licence

Matters taken into account

Bidding for licences

Procedure

Regulations

Matters taken into account

Bidding for grants

Regulations

Bidding for grants

Recovery

Regulations

Spectrum trading

Limitations on authorised spectrum use

Spectrum trading

Wireless telegraphy register

Statistical information

Information required for purposes of radio spectrum functions

Restrictions on imposing information requirements

Notification of contravention of information requirements

Penalties for contravention of information requirements

Enforcement of notification under section 32C

Failure to provide information etc

Statement of policy

Register of providers of dynamic spectrum access services

Meaning of “relevant amount of gross revenue”

The relevant authority

Section 101: conclusion of proceedings

PART 2A — Regulation of dynamic spectrum access services

Registration

53A

• (1) A person who provides, or proposes to provide, a dynamic spectrum access service may be registered under this section by OFCOM.

• (2) An application for registration under this section—

• (a) is to be made to OFCOM, and

• (b) must contain such information as OFCOM may reasonably require.

• (3) OFCOM must, from time to time as they think fit, publish—

• (a) the criteria for determining applications under this section, and

• (b) information relating to the restrictions and conditions to which registration under this section may be subject.

• (4) The criteria published under subsection (3)(a) may include different provision for different cases.

• (5) Registration under this section is to be for such period, and subject to such restrictions and conditions, as OFCOM think fit.

• (6) Any such restrictions and conditions are to be contained in a notice in writing given to the person registered under this section.

• (7) In this Act “dynamic spectrum access service” means a service that provides information about—

• (a) the availability for use by wireless telegraphy stations and wireless telegraphy apparatus of frequencies that fall within a frequency band specified in regulations made by OFCOM, and

• (b) the places in which, the power at which, the times when and any conditions subject to which such stations and apparatus may use such frequencies.

Service of documents

53B

• (1) OFCOM may revoke a registration under section 53A, or vary the restrictions and conditions to which it is subject—

• (a) by notice in writing given to the person registered under that section, or

• (b) by a general notice applicable to the class to which the person belongs, published in such way as appears to OFCOM to be appropriate.

• (2) Where OFCOM propose to revoke or vary a registration, they must give the person registered under section 53A a notification—

• (a) stating the reason for the proposed revocation or variation, and

• (b) specifying the period during which the person notified has an opportunity to make representations about the proposal.

• (3) Nothing in subsection (2) applies to a proposal to revoke or vary a registration if the proposal is made at the request or with the consent of the person registered under section 53A.

• (4) Nothing in this section applies in relation to—

• (a) a notification given under section 53E, or

• (b) a decision given under section 53G.

53C

• (1) OFCOM must establish and maintain a register for the purposes of this Part.

• (2) The register is to contain—

• (a) the names of the persons registered under section 53A, and

• (b) such other information relating to the registration of those persons as OFCOM consider appropriate.

• (3) OFCOM may make available to users or prospective users of dynamic spectrum access services such information contained in the register as they consider appropriate.

Fees

53D

• (1) Regulations made by OFCOM may provide for OFCOM to charge fees—

• (a) for registering a person under section 53A;

• (b) for the continuation in force of such a registration;

• (c) for the variation or revocation of such a registration;

• (d) for anything done by OFCOM in connection with facilitating the service provided by a person registered under section 53A.

• (2) Subsection (1)(d) does not include anything for which OFCOM may charge under any other enactment.

• (3) The fees—

• (a) are to be determined by or in accordance with the regulations, and

• (b) are to be payable by the person who is to be, is or has been registered under section 53A.

• (4) The regulations may—

• (a) confer exemptions in particular cases, and

• (b) provide for sums paid to be refunded, in whole or in part, in such cases as may be specified in the regulations or in such cases as OFCOM think fit.

• (5) Where OFCOM register a person in circumstances in which sums will or may subsequently become payable under the regulations, OFCOM may require such security to be given, by way of deposit or otherwise, for the payment of those sums as they think fit.

• (6) A sum which is required to be paid to OFCOM by virtue of the regulations must be paid to OFCOM as soon as it becomes payable in accordance with the regulations and, if it is not paid, is recoverable by them accordingly.

Enforcement

53E

• (1) Where OFCOM determine that there are reasonable grounds for believing that a person registered under section 53A is contravening, or has contravened, the restrictions or conditions subject to which the person is registered 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 restriction or condition and contravention in respect of which that determination has been made,

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

• (d) specifies the steps that OFCOM think should be taken by the person in order to—

• (i) comply with the restriction or condition;

• (ii) remedy the consequences of the contravention,

• (e) if OFCOM are minded to suspend or revoke the person's registration, contains a statement to that effect, and

• (f) specifies any penalty which OFCOM are minded to impose in accordance with section 53F.

• (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 restriction or condition, OFCOM may give a further notification in respect of the same contravention of that restriction or condition 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, or other action taken, in respect of the notified contravention.

53F

• (1) This section applies where a person is given a notification under section 53E that specifies a proposed penalty.

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

• (3) 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.

• (4) 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 53G which requires immediate action, or

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

• (5) The amount of a penalty specified under subsection (4) is to be such amount, not exceeding £20,000 per day, as OFCOM think—

• (a) appropriate, and

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

• (6) The amount of any other penalty specified under this section is to be such amount, not exceeding 10% of the relevant amount of gross revenue, as OFCOM think—

• (a) appropriate, and

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

53G

• (1) This section applies where—

• (a) a person has been given a notification under section 53E,

• (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 on the person, or the suspension or revocation of the person's registration, or both, in accordance with the notification under section 53E, 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 restriction or condition specified in the notification under section 53E.

• (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 requirements of a kind mentioned in section 53E(2)(d), or may specify a period within which the person must comply with those requirements,

• (d) may require the person to pay—

• (i) the penalty specified in the notification under section 53E, 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 condition or restriction or remedy the consequences of the contravention, and

• (e) may specify the period within which any such 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.

“Wireless telegraphy apparatus” and “wireless telegraphy station”

53H

• (1) The relevant amount of gross revenue for the purposes of section 53F, in relation to a penalty imposed on a person, is—

• (a) where the last accounting period of that person which falls before the contravention was a period of 12 months, the relevant part of the person's gross revenue for that period, and

• (b) in any other case, the amount which, by making any appropriate apportionments or other adjustments of the relevant part of the person's gross revenue for the accounting period or periods mentioned in subsection (2), is computed to be the amount representing the annual rate for the relevant part of the person's gross revenue.

• (2) The accounting period or periods referred to in subsection (1) are—

• (a) every accounting period of the person to end within the period of 12 months immediately preceding the contravention, and

• (b) if there is no such accounting period, the accounting period of the person which is current at the time of the contravention.

• (3) A reference to the relevant part of a person's gross revenue, in relation to a contravention of the restrictions or conditions subject to which the person is registered under section 53A, is a reference to so much of the person's gross revenue as is attributable to the provision of the dynamic spectrum access service to which the contravention relates.

• (4) For the purposes of this section—

• (a) the gross revenue of a person for a period, and

• (b) the extent to which a part of a person's gross revenue is attributable to the provision of any dynamic spectrum access service,

is to be ascertained in accordance with such principles as may be set out in a statement made by OFCOM.

• (5) Such a statement may provide for the amount of a person's gross revenue for an accounting period that is current when the amount falls to be calculated to be taken to be the amount estimated by OFCOM, in accordance with the principles set out in the statement, to be the amount that will be the person's gross revenue for that period.

• (6) OFCOM may revise a statement made under subsection (4) from time to time.

• (7) A statement made or revised under this section may set out different principles for different cases.

• (8) Before making or revising a statement under this section, OFCOM must consult the Secretary of State and the Treasury.

• (9) OFCOM must—

• (a) publish the statement made under subsection (4) and every revision of it, and

• (b) send a copy of the statement and of every such revision to the Secretary of State,

and the Secretary of State must lay copies of the statement and of every such revision before each House of Parliament.

• (10) In this section—

• “accounting period”, in relation to a person, means a period in respect of which accounts of the undertaking carried on by the person are prepared or, if one such period is comprised in another, whichever of those periods is or is closest to a 12 month period;

• “gross revenue”, in relation to a person, means the gross revenue of an undertaking carried on by that person.

Territorial sea and other waters

53I

• (1) OFCOM may require a person to whom a notification has been given under section 53E to provide them with all such information as they may require for the purpose of ascertaining the person's gross revenue.

• (2) A demand for information required under this section must be contained in a notice given to the person from whom the information is required.

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

• (4) Sections 53K to 53M apply for the purposes of a requirement imposed under this section as they apply for the purposes of a requirement imposed under section 53J.

Information

53J

• (1) OFCOM may require a person falling within subsection (2) to provide a person registered under section 53A with all such information as OFCOM consider necessary and proportionate for the purpose of enabling the registered person to avoid undue interference with wireless telegraphy.

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

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

• (b) a person who is using, or has installed or used, wireless telegraphy apparatus.

• (3) A demand for information required under this section must be contained in a notice given to the person from whom the information is required.

• (4) The notice must—

• (a) describe the required information,

• (b) specify the manner and form in which it is to be provided,

• (c) specify when and (if appropriate) how frequently it is to be provided, and

• (d) specify to whom it is to be provided.

Notification of contravention of information requirements

53K

• (1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 53J, they may give the 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, and

• (d) specifies any penalty which OFCOM are minded to impose in accordance with section 53L.

• (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 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.

53L

• (1) This section applies where a person is given a notification under section 53K that specifies a proposed penalty.

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

• (3) 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.

• (4) 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 53M(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.

• (5) The amount of a penalty specified under subsection (4) 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.

• (6) 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.

53M

• (1) This section applies where—

• (a) a person has been given a notification under section 53K,

• (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 53K, 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 53K.

• (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 53K, or may specify a period within which the person must comply with the requirement,

• (d) may require the person to pay—

• (i) the penalty specified in the notification under section 53L, 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

• (e) may specify the period within which any such 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.

Obstruction and failure to assist

Service of documents

“Wireless telegraphy”

Territorial sea and other waters

Restriction on grant of exclusive licence

Notice to satellite uplinkers

Procedure

Charges for grant of licence

Matters taken into account

Bidding for licences

Recovery

Sections 12 to 16: interpretation

Charges for grant of recognised spectrum access

Recovery

Sections 21 to 25: interpretation

Payments by the Crown

General duty of OFCOM to allow leasing or transfer

30A

• (1) OFCOM must exercise the powers mentioned in subsection (2) in such a way as to ensure that, except in the cases excluded by subsection (4), the holder of a wireless telegraphy licence can do at least one of the following—

• (a) confer the benefit of the licence on another person in respect of any station or apparatus to which the licence relates; or

• (b) transfer to another person rights and obligations arising as a result of the licence.

• (2) The powers are—

• (a) their power under section 9 to impose terms, provisions and limitations on a wireless telegraphy licence; and

• (b) their power to make regulations under section 30.

• (3) OFCOM must exercise their powers to make regulations under section 30 so as to authorise the transfer to another person by the holder of a grant of recognised spectrum access of rights and obligations arising as a result of such a grant, except in the cases excluded by subsection (5).

• (4) The duty in subsection (1) does not apply where—

• (a) no charge was payable to OFCOM on the grant of the licence;

• (b) the licence contains terms, provisions or limitations as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services;

• (c) the duration of the licence does not exceed 12 months;

• (d) the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes;

• (e) the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or

• (f) the licence relates to frequencies that are not subject to individual frequency planning or co-ordination.

• (5) The duty in subsection (3) does not apply where—

• (a) no charge was payable to OFCOM on the making of the grant of recognised spectrum access;

• (b) the grant contains restrictions or conditions as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services;

• (c) the duration of the grant does not exceed 12 months;

• (d) the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes;

• (e) the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or

• (f) the grant relates to frequencies that are not subject to individual frequency planning or co-ordination.

• (6) In subsections (4)(b) and (5)(b) “relevant television or radio services” means—

• (a) services provided under the authority of a licence under the Broadcasting Act 1990 or the Broadcasting Act 1996;

• (b) sound broadcasting services (as defined by section 126(1) of the Broadcasting Act 1990) provided by the British Broadcasting Corporation;

• (c) television multiplex services (as defined by section 241 of the Communications Act 2003) for which a licence under Part 1 of the Broadcasting Act 1996 is not required;

• (d) radio multiplex services (as defined by section 258 of the Communications Act 2003) for which a licence under Part 2 of the Broadcasting Act 1996 is not required;

• (e) general multiplex services (as defined by section 362(1) of the Communications Act 2003).

Statistical information

Information required for purposes of radio spectrum functions

Notification of contravention of information requirements

Penalties for contravention of information requirements

Enforcement of notification under section 32C

Failure to provide information etc

Statement of policy

Unauthorised use etc of wireless telegraphy station or apparatus

Special procedure for contraventions by holders of wireless telegraphy licences

Special procedure for contraventions by holders of wireless telegraphy licences

Special procedure for contraventions of certain provisions

Fees for registration etc

Requirement to provide information about gross revenue

Regulations about use and sale etc of apparatus

Fines in Scotland

Consultation before grant of exclusive licence

Procedure

Charges for grant of licence

Bidding for licences

Recovery

Regulations

Procedure

Charges for grant of recognised spectrum access

Recovery

Limitations on authorised spectrum use

Statistical information

Information required for purposes of radio spectrum functions

Restrictions on imposing information requirements

Notification of contravention of information requirements

Penalties for contravention of information requirements

Enforcement of notification under section 32C

Failure to provide information etc

Statement of policy

Unauthorised use etc of wireless telegraphy station or apparatus

Repeated contravention

Amount of penalty under section 42

Regulations

Offences

Wireless personnel

Requirement to provide information about gross revenue

Section 101: conclusion of proceedings

“Wireless telegraphy”

Documents in electronic form

Orders and regulations made by OFCOM