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The Office of Communications ("OFCOM") make the following order in exercise of the powers conferred by section 164(1) to (3) of the Communications Act 2003[1] ("the Act") in performance of the duty imposed on them by section 164(7) of the Act. Before making the Order, OFCOM have given notice of their proposal to do so in accordance with section 403(4)(a) of the Act, published notice of their proposal in accordance with section 403(4)(b) of the Act, and considered the representations made to them before the time specified in the notice in accordance with section 403(4)(c) of the Act. Citation and commencement 1. This Order may be cited as the Wireless Telegraphy (Limitation of Number of Licences) (Amendment) Order 2006 and shall come into force on 16th November 2006. Amendment of the Wireless Telegraphy (Limitation of Number of Licences) Order 2003 2. —(1) The Schedule, which contains amendments to the Wireless Telegraphy (Limitation of Number of Licences) Order 2003[2] shall have effect. (2) A reference in the Schedule to an entry relating to a licence class shall be construed as a reference to the sub-heading designating that licence class and the frequencies specified in respect of that licence class. Kip Meek Chief Policy Partner For and on the authority of the Office of Communications 16th October 2006 1. In article 2 (interpretation)—
(b) for the definition of "RA", substitute the definition ""OFCOM" means the Office of Communications".
2.
In article 3 (wireless telegraphy licences to be limited in number) for "The Secretary of State" substitute "OFCOM".
(b) for "The Secretary of State" substitute "OFCOM".
Schedule 1 (Broadcasting)
148.5-283.5 kHz (LW) 526.5-1605.5 kHz (MW) 87.5-108.0 MHz (FM) 217.5-230.0 MHz (T-DAB)"; and
5.
In Part 2 of Schedule 1 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)––
(b) in paragraph 1(e) after "Broadcasting Act 1990" insert "; and"; and (c) after "and" in paragraph 1(e) insert "(f) Community Radio Licence under Section 262 of the Communications Act 2003[3]".
6.
In Part 3 of Schedule 1 (Criteria Limiting Number of Wireless Telegraphy Licences), in paragraph 2 for "the RA(c)" substitute "OFCOM[4]". Programme Making and Special Events Fixed Site
Programme Making and Special Events Link
Programme Making and Special Events Low Power
UK Wireless Microphone (Annual) UK Wireless Microphone (Biennial)
(b) for "—" insert "and"; and (c) for the "RA(a)" substitute "OFCOM[5]".
Schedule 4 (Public Electronic Communications Networks)
(b) in the entry relating to Point to Point Fixed Links—
(ii) below "55.78-57.64 GHz" insert "64.00-66.00 GHz";
(c) for the entry relating to Point-to-Multipoint Services substitute the following entry—
31.00-31.80 GHz"; and
65.00 GHz".
13.
In Part 3 of Schedule 5 (Criteria Limiting the Number of Wireless Telegraphy Licences), for paragraph 2 substitute—
Schedule 6 (Satellite Services) Satellite (Permanent Earth Station) 3600-4200 MHz 5150-5250 MHz 5725-7075 MHz 10.70-11.70 GHz 12.50-13.25 GHz 13.75-14.50 GHz 17.30-20.20 GHz 27.05-30.00 GHz Satellite (Earth Station - Non-Geostationary)
Satellite (Earth Station - Non-Fixed Satellite Service) All frequency bands available for Satellite Services as defined within the United Kingdom Frequency Allocation Table[7] (excluding those specified for the Fixed Satellite Service). Satellite (Transportable Earth Station) Satellite (Transportable Very Small Aperture Terminal) 14.00-14.50 GHz Satellite (Earth Station Network) 12.50-12.75 GHz 14.00-14.50 GHz 19.70-20.20 GHz 29.50-30.00 GHz Satellite (Aircraft Earth Station) Satellite (Earth Station on Board Vessel) Satellite (Earth Station on Train) 14.00-14.25 GHz (Earth to Space)".
15.
In Part 3 of Schedule 6 (Criteria Limiting Number of Wireless Telegraphy Licences), for paragraph 2 substitute—
Schedule 7 (Maritime)
(b) in the entry relating to Coastal Station Radio (Marina) substitute the following frequencies—
157.850 MHz (Ship and Coastal Station Radio) 161.425 MHz (Ship and Coastal Station Radio) 161.625 MHz (Coastal Station Radio)";
(d) in the entry relating to Differential Global Positioning System substitute the following frequencies—
1606.5-4000 kHz";
283.5-315.0 kHz 2900-3100 MHz 9300-9500 MHz Automatic Identification System 156.525 MHz 161.975 MHz 162.025 MHz";
(g) in the entry relating to Ship Radio—
(ii) for "457.5626 MHz" substitute "457.5625 MHz"; and (iii) for "467.525 MHz" in the third column, substitute "467.5625 MHz".
17.
In Part 2 of Schedule 7 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)—
(b) in paragraph 6 after "Maritime Radio (Navigational Aids and Radar) Licence" insert "or an Automatic Identification System Licence".
18.
In Part 3 of Schedule 7 (Criteria Limiting Number of Wireless Telegraphy Licences)—
(ii) for "Coastal Station Radio (Including Technical Frequency Assignment Criteria) published by the RA(a)" substitute "Coastal Station Radio Ofcom information booklet published by OFCOM[9]"; and
(c) after paragraph 9 insert—
Schedule 8 (Aeronautical)
(b) in the entry relating to Aircraft—
(ii) omit "121.5"; (iii) omit "(with associated downlink frequencies:"; (iv) omit ")" after “1525-1559 MHz;
(c) after the entry relating to Aircraft insert the following entry—
117.975-137.000 MHz";
Aeronautical Ground Station (Air/Ground Communications Services) Aeronautical Ground Station (Airfield Flight Information Service) 117.975-137.000 MHz";
(f) after the entry relating to Aeronautical Ground Station (General Aviation) insert the following entries—
121.600 MHz Aeronautical Ground Station (High Frequency)
Aeronautical Ground Station (Offshore Platform) 117.975-137.000 MHz";
"Aeronautical Navigation Aid Stations
117.975-137.000 MHz".
20.
In Part 2 of Schedule 8 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May be Granted)—
(b) in paragraph 5, for "navigation" substitute "communications"; (c) for the heading to paragraphs 6 and 7 "Aeronautical Ground Station Airfield Flight Information Service" substitute "Aeronautical Ground Station (Air/Ground Communication Services)"; (d) omit paragraph 6; (e) in paragraph 7—
(ii) for "navigation" substitute "communications";
(f) for the heading to paragraph 8 "Aeronautical Ground Station (General Aviation)" substitute "Aeronautical Ground Station (Airfield Flight Information Service)";
(ii) for "navigation" substitute "communications";
(h) after paragraph 8 insert—
8A. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (General Aviation) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005[10] by the Civil Aviation Authority's Air Traffic Standards Department. Aeronautical Ground Station (High Frequency) 8B. An applicant must undertake to use the assigned frequencies solely for the purposes of communication with aircraft. 8C. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (High Frequency) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority's Air Traffic Standards Department. Aeronautical Ground Station (Offshore Platform) 8D. An applicant must be an offshore platform operator and must undertake to use the assigned frequencies solely for the purposes of communication with aircraft as well as emergency mobile ground stations and airport vehicles within the confines of aerodromes authorised by the CAA. 8E. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (Offshore Platform) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority's Air Traffic Standards Department. Aeronautical Navigational Aid Stations Aeronautical Radar 8F. An applicant must prove that the equipment he intends to use under an Aeronautical Navigational Aid Stations Licence or an Aeronautical Radar Licence is an aeronautical navigation installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority's Air Traffic Standards Department. Aeronautical Ground Station (Operations Control) 8G. An applicant must undertake to use the assigned frequencies solely for the purposes of operation control, where "operation control" means the exercise of authority over the initiation, continuation, or diversion of a flight in the interest of safety of the aircraft and the regularity and efficiency of the flight[11]. 8H. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (Operations Control) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority's Air Traffic Standards Department."; and
21.
In Part 3 of Schedule 8 (Criteria Limiting the Number of Wireless Telegraphy Licences)—
(ii) For "aeronatautical radio or radio navigation (including satellite) service" substitute "aeronautical mobile service, aeronautical mobile-satellite service and the aeronautical radio navigation service".
Schedule 9 (Amateur Radio) Amateur Radio Foundation
Amateur Radio Intermediate
Amateur Radio Full
(b) in the heading to paragraph 2 omit "(A)"; (c) in paragraph 2—
(ii) at the end of sub-paragraph (b) for "examination; and" substitute "examination."; (iii) omit sub-paragraph (c);
(d) for paragraphs 3 and 4 substitute—
3. An applicant must possess—
(b) a valid pass certificate for the City and Guilds Institute[13] 7307-Radio Amateur Examination or equivalent examination."; and
(e) omit paragraphs 4 and 5.
Schedule 10 (Technology Development)
(b) in paragraph 1 after "Temporary" insert "Use"; and (c) after paragraph 1 add the following entry—
150-4000 MHz".
26.
In Part 2 of Schedule 10 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)—
(b) after paragraph 3 insert—
4. An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003[14]."
27.
In Part 3 of Schedule 10 (Criteria Limiting Number of Wireless Telegraphy Licences)—
(b) after paragraph 4 insert—
Schedule 11 (Private Business Radio) Business Radio (National and Regional) Business Radio (On-Site Speech and Data Systems) Business Radio (Suppliers) Business Radio (UK General) Business Radio (Wide Area Speech and Data Systems) 55.75-87.50 MHz 137.95-215.30 MHz 425.0-462.50 MHz Business Radio (On-Site Local Communications Systems) 137.95-215.30 MHz 425.0-462.50 MHz Business Radio (IR2008 Data) 55.75-87.50 MHz 137.95-215.30 MHz 425.0-462.50 MHz Business Radio (Wide Area Distress Alarm Systems) 137.95-215.30 Business Radio (Self-Select) 26.225-26.9325 MHz 48.968750-49.493750MHz 425.0-462.5 MHz Business Radio (On-Site One-Way Paging and Speech Systems) 425.0-462.5 MHz Business Radio (Wide Area One-Way Paging and Speech Systems) 137.96250-153.48750 425.0-462.5 MHz Business Radio (On-Site Hospital Paging and Emergency Speech Systems) 31.71250-31.78750 MHz 48.968750-49.493750 MHz 159.63125-164.20625 MHz Public Safety and Emergency Services Radio
Business Radio (Common Base Station)
Business Radio (Remote Meter Reading Operator (National Shared) Business Radio (Remote Meter Reading Operator (Regional Shared) 183.5-184.5 MHz".
30.
For Part 2 of Schedule 11 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted) substitute the following Part— 1A. An applicant for a Business Radio (Common Base Station) Licence or a Business Radio (Remote Meter Reading Operator) Licence cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003[15]. Business Radio (On-Site Hospital Paging and Emergency Speech Systems) 2. An applicant must be engaged in the management of a hospital or medical practice. Business Radio (Suppliers) 3. An applicant must be engaged in the hire, supply or demonstration of private business radio equipment. Public Safety and Emergency Services Radio 4. An applicant must be engaged in activities related to public safety.".
31.
In Part 3 of Schedule 11 (Criteria Limiting Number of Wireless Telegraphy Licences) for paragraph 7 substitute—
(This note is not part of the Order) This Order amends the Wireless Telegraphy (Limitation of Number of Licences) Order 2003 (S.I. 2003/1902) ("the principal Order") which specifies the frequencies allocated by OFCOM for different uses, the criteria relating to persons to whom wireless telegraphy licences may be granted, and the criteria limiting the number of such licences. Article 2 of this Order amends the principal Order to reflect changes in the wireless telegraphy licence classes which are now available and changes have been made in respect of the following uses of spectrum:
(b) fixed links; (c) satellite services; (d) aeronautical; (e) maritime; and (f) science and technology (formerly called test and development).
Copies of the publications referred to in the Schedule are available from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and available on the OFCOM website at http://www.ofcom.org.uk except in the case of the Convention on International Civil Aviation, referred to in paragraph 20 of the Schedule, which is available from the International Civil Aviation Organization, Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada or on the ICAO website at http://icao.int. Notes: [1] 2003 c.21.back [2] S.I. 2003/1902. The Wireless Telegraphy (Limitation of Number of Licences) Order 2003 was made by the Secretary of State, rather than Ofcom, in accordance with section 408 of the Act and article 3(1) of the Communications Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/1900) made under section 411 of the Act bringing section 164 into force).back [4] Version 2.0 published March 2006.back [6] The publications are: OfW30 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 3.6 to 3.875 GHz paired with 3.925 to 4.2 GHz (September 2004); OfW31 Fixed Point-to-Point Radio Services with Analogue Modulation Operating in the Frequency Ranges 31.0 to 31.3 GHz paired with 31.5 to 31.8 GHz (September 2004) ; OfW32 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 51.4 to 51.944 GHz paired with 52.056 to 52.6 GHz and 55.78 to 56.346 GHz paired with 56.458 to 57.0 GHz (March 2006); OfW42 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 32.319 to 32.571 GHz paired with 33.131 to 33.383 GHz and 37.0 to 38.178 GHz paired with 38.318 to 39.50 GHz (March 2006); OfW43 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 22.00 to 22.60 GHz paired with 23.00 to 23.60 GHz and 24.50 to 25.445 GHz paired with 25.557 to 26.50 GHz (March 2006); OfW44 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 12.75 to 12.931 GHz paired with 13.031 to 13.250 GHz and 14.5 to 14.613 GHz paired with 15.229 to 15.35 GHz (March 2006); OfW45 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 5925 to 6167.58 MHz paired with 6182.42 to 6425 MHz and 6425 to 6760 MHz paired with 6770 to 7125 MHz (March 2006); OfW46 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 1350 to 1375 MHz paired with 1492 to 1517 MHz (March 2006); OfW47 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 7.425 to 7.652 GHz paired with 7.673 to 7.900 GHz (March 2006); OfW49 Fixed Point-to-Point and Point-to-Multipoint Scanning Telemetry Radio Services with Analogue Modulation Operating in the Frequency Ranges 457.5 to 458.5 MHz paired with 463.0 to 464.0 MHz (March 2006); and OfW50 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 17.7 to 18.6725 paired with 18.71 to 19.7 GHz (March 2006).back [7] United Kingdom Frequency Allocation Table 2004 Issue no.13, published by Ofcom on behalf of the National Frequency Planning Group, a sub-committee of the Cabinet Official Committee on United Kingdom Spectrum Strategy.back [8] The publications are: Licensing Procedures Manual for Satellite (Permanent Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Non-Fixed Satellite Service Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Non-geostationary Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Network Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Transportable Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Transportable Very Small Aperture Terminal) Applications (June 2006); Licensing Procedures Manual for Satellite Service Network Operator Licence for Earth Station on Aircraft, OFW 341 (September 2006); Licensing Procedures Manual for Satellite Service Network Operator Licence for Earth Station on Vessel(s), OFW 340 (September 2006); and Licensing Procedures Manual for Satellite Service Network Operator Licence for Earth Station on Trains, OFW 342 (September 2006).back [9] Reference Of 18 (December 2003).back [11] The same definition of "operation control" appears at Annex 6, Part 1 and 3, chapter 1a of the Convention on International Civil Aviation (also known as the Chicago Convention) (Doc 7300/8 Eighth edition published 2000).back [12] Published October 2004.back [13] The City and Guilds of London Institute can be contacted at 1 Giltspur Street, London EC1A 9DD.back [16] Reference Of 164, Version 1.10 (February 2005).back
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