12Charges for grant of licenceU.K.
(1)A person to whom a wireless telegraphy licence is granted must pay to OFCOM —
(a)on the grant of the licence, and
(b)if regulations made by OFCOM so provide, subsequently at such times during its term and such times in respect of its variation or revocation as may be prescribed by the regulations,
the sums described in subsection (2).
(2)The sums are—
(a)such sums as OFCOM may prescribe by regulations, or
(b)if regulations made by OFCOM so provide, such sums (whether on the grant of the licence or subsequently) as OFCOM may determine in the particular case.
(3)Regulations under this section may—
(a)confer exemptions from provisions of the regulations 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.
(4)On the grant of a licence in respect of which sums will or may subsequently become payable under regulations under this section, OFCOM may require such security to be given, by way of deposit or otherwise, for the payment of those sums as they think fit.
(5)Regulations under this section do not apply in relation to a licence granted in accordance with regulations under section 14[F1, but this is subject to subsection (6).]
[F2(6)Regulations under or for the purposes of subsection (1)(b), so far as it relates to payments during the term of a licence, may be made so as to apply in relation to a licence granted in accordance with regulations under section 14, but only in the following cases—
(a)where provision included in the licence with the consent of the holder of the licence provides for the regulations to apply;
(b) where the licence includes terms restricting the exercise by OFCOM of their power to revoke the licence before the end of a period and that period has expired;
(c)where the licence would, but for a variation, have ceased to have effect at the end of a period and that period has expired;
(d)where the licence is a surrendered-spectrum licence.
(7)Provision may not be made by virtue of subsection (6)(c) or (d) without the consent of the Secretary of State.
(8)A wireless telegraphy licence is a “surrendered-spectrum licence” if —
(a)it is granted under arrangements involving (before the grant or later) the variation, revocation or expiry of another wireless telegraphy licence;
(b)the arrangements are with a view to enabling the holder of that other licence to comply with a limit applying to frequencies in respect of which a person may hold licences; and
(c)it authorises the use after that variation, revocation or expiry of a frequency whose use until then was or is authorised by that other licence.
(9)In relation to a surrendered-spectrum licence there may be more than one such other licence (“predecessor licence”) and a licence may be a predecessor licence to more than one surrendered-spectrum licence.]
Textual Amendments
F1Words in s. 12(5) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 38(2), 47(1)
F2S. 12(6)-(9) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 38(3), 47(1)