Wireless Telegraphy Act 1998

2 Matters to be taken into account

(1) In exercising his powers under section 1 to prescribe sums payable in respect of wireless telegraphy licences of any description, the Secretary of State shall have regard, in particular, to the matters specified in subsection (2); and accordingly may, if he thinks fit, prescribe sums which are greater than would be necessary for the purposes of recovering costs incurred by him in connection with any functions relating to wireless telegraphy.

(2) Those matters are—

(a) the extent of the part of the electro-magnetic spectrum available for use under licences of that description,

(b) the demand and likely future demand for the use of the part of the electro-magnetic spectrum to be used under licences of that description, and

(c) the desirability of promoting—

(i) the efficient use and management of the electro-magnetic spectrum,

(ii) any economic benefits arising from the use of wireless telegraphy,

(iii) the development of innovative services, and

(iv) competition in the provision of telecommunication services.

(3) In this section—

• “prescribe” means prescribe by regulations or determine in accordance with regulations;

• “telecommunication service” means a service falling within paragraph (a) of the definition of such a service in section 4(3) of the [1984 c. 12.] Telecommunications Act 1984.