Communications Act 2003

Prospective

Variation and revocation of licencesE+W+S+N.I.

169Variation and revocation of wireless telegraphy licencesE+W+S+N.I.

(1)For section 1E of the Wireless Telegraphy Act 1949 (c. 54) (variation and revocation of licences for the provision of a telecommunication service) there shall be substituted—

1EVariation or revocation of a licence

(1)Where OFCOM propose to vary or revoke a wireless telegraphy licence, they shall give the person holding the licence a notification under this subsection—

(a)stating the reasons for the proposed variation or revocation; and

(b)specifying the period during which the person notified has an opportunity to do the things specified in subsection (2).

(2)Those things are—

(a)making representations about the proposal; and

(b)if the proposal is the result of a contravention of a term, provision or limitation of the licence, complying with that term, provision or limitation.

(3)Subject to subsections (4) to (6), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.

(4)OFCOM may, if they think fit, allow a longer period for doing those things either—

(a)by specifying a longer period in the notification; or

(b)by subsequently, on one or more occasions, extending the specified period.

(5)The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

(6)The person notified shall also have a shorter period if—

(a)OFCOM have reasonable grounds for believing that the case is a case of serious and repeated contravention or an urgent case;

(b)they have determined that, in the circumstances, a shorter period would be appropriate; and

(c)the shorter period has been specified in the notification.

(7)A case is an urgent case if the failure to vary or revoke the licence will result in, or create an immediate risk of—

(a)a serious threat to the safety of the public, to public health or to national security; or

(b)serious economic or operational problems for persons, other than the person in contravention, who—

(i)use stations or apparatus for wireless telegraphy; or

(ii)are communications providers or make associated facilities available.

(8)Subsection (1) does not apply to a proposal to vary or revoke a licence if the proposal is made at the request or with the consent of the licence holder.

(9)For the purposes of this section a contravention of a term, provision or limitation of a licence is a repeated contravention, in relation to a proposal to vary or revoke a licence, if it falls within subsection (10).

(10)A contravention falls within this subsection if—

(a)a previous notification under subsection (1) has been given in respect of the same contravention or in respect of another contravention of a term, provision or limitation of the same licence; and

(b)the subsequent notification under that subsection is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of subsection (11) that the contravention to which the previous notification related did occur.

(11)Where OFCOM have given a notification under subsection (1), they shall, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification—

(a)decide whether or not to vary or revoke the licence in accordance with their proposal, or in accordance with that proposal but with modifications; and

(b)give the person holding the licence a notification of their decision.

(12)The notification under subsection (11)—

(a)must be given no more than one week after the making of the decision to which it relates; and

(b)must, in accordance with that decision, either vary or revoke the licence or withdraw the proposal for a variation or revocation.

(13)The reference in subsection (10) to a contravention of a term, provision or limitation of the same licence includes a reference to a contravention of a term, provision or limitation contained in a previous licence of which the licence in question is a direct or indirect renewal.

(14)In this section, “communications provider” and “associated facility” have the same meaning as in the Communications Act 2003.

(2)Nothing in this section is to apply in any case in which a notice under section 1E(1) of the Wireless Telegraphy Act 1949 (c. 54) was served before the commencement of this section.