Communications Act 2003

Wireless Telegraphy Act 1949 U.K.

Valid from 29/12/2003

6 (1) Section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing wireless telegraphy) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for paragraphs (a) and (b) there shall be substituted “ by OFCOM; ”; and

(b) in the proviso, for the words from “Provided” to “by regulations” there shall be substituted “ Provided that OFCOM may by regulations ”.

(3) After subsection (1) there shall be inserted—

“(1AA) Subsection (1) shall not apply to the use of a television receiver (within the meaning of Part 4 of the Communications Act 2003) for receiving a television programme or to the installation of a television receiver for use solely for that purpose.”

(4) In subsection (2), for paragraphs (a) and (b) there shall be substituted “ as OFCOM think fit, ”.

(5) In subsection (3), for the words from “revoked by” to “BBC” there shall be substituted “ revoked by OFCOM ”.

(6) In subsection (4), for the words from “notice in writing of” to “served”, in the first place where it occurs, there shall be substituted “ notice in writing from OFCOM served by them ”.

(7) In subsection (5), for the words from “surrendered” to “so to do” there shall be substituted “ surrendered to OFCOM if required by them to do so ”.

Valid from 18/09/2003

7 U.K. In section 1C of that Act (prohibition on Acts facilitating unauthorised broadcasting), for subsection (4) there shall be substituted—

“(4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—

(a) has been supplied by him; or

(b) is provided wholly or partly at his expense.”

8 (1) Section 1D of that Act (procedure for grant of licences for providing a telecommunications service) shall be amended as follows. U.K.

(2) For the words “the Secretary of State”, “himself” and “he”, wherever occurring, there shall be substituted, respectively, “ OFCOM ”, “ themselves ” and “ they ”.

(3) Subsections (1) and (2) (which confine sections 1D to 1F to licences for the purposes of a telecommunications service) shall cease to have effect.

(4) For subsection (3) there shall be substituted—

“(3) An application for a grant of a wireless telegraphy licence shall be determined in accordance with procedures prescribed in regulations made by OFCOM.”

(5) In subsection (4), for “specified under subsection (3) shall include” there shall be substituted “ must include provision for ”.

(6) After subsection (4) there shall be inserted—

“(4A) The time limits fixed for the purposes of subsection (4) in relation to any application made after the coming into force of this subsection must require a decision on the application to be made, notified to the applicant and published—

(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and

(b) in any other case, as soon as possible after the receipt of the application.

(4B) The period of six weeks specified in subsection (4A)(a) may be extended by OFCOM where it appears to them necessary to do so—

(a) for the purpose of enabling the requirements of any international agreement relating to frequencies or to orbital positions or to satellite Co-ordination to be complied with; or

(b) in a case where a determination falls to be made as to which of a number of applicants is the more or most suitable to be licensed, for the purpose of securing that the procedure for the making of that determination is fair, reasonable, open and transparent.

(4C) That period shall not be extended by virtue of subsection (4B)(b) by more than eight months.”

(7) In subsection (5) for “requires” there shall be substituted “ require ”.

(8) In subsection (6)—

(a) for “proposes” there shall be substituted “ propose ”;

(b) for “28 days” there shall be substituted “ one month ”.

(9) Subsections (7) and (8) shall cease to have effect.

(10) For subsection (9) there shall be substituted—

“(9) In imposing terms, provisions or limitations of a wireless telegraphy licence, OFCOM shall impose only those that they are satisfied are—

(a) objectively justifiable in relation to the networks and services to which they relate;

(b) not such as to discriminate unduly against particular persons or against a particular description of persons;

(c) proportionate to what they are intended to achieve; and

(d) in relation to what they are intended to achieve, transparent.”

Commencement Information

I1 Sch. 17 para. 8(1)(3)(6)(8)(10) in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2 Sch. 17 para. 8(9) in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

9 (1) Section 3 of that Act (regulations as to wireless telegraphy) shall be amended as follows. U.K.

(2) In subsection (1), for the words before paragraph (a) there shall be substituted “ OFCOM may make regulations— ”.

(3) After subsection (2) there shall be inserted—

“(2A) The approval of the Secretary of State is required for the making by OFCOM of any regulations under this section.

(2B) A statutory instrument containing regulations made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I3 Sch. 17 para. 9 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

10 U.K. No appeal shall be brought to the tribunal established under section 9 of that Act (appeals tribunal in relation to decisions about interference) in respect of any decision made after the coming into force of section 192 of this Act.

Commencement Information

I4 Sch. 17 para. 10 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

11 (1) Section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.) shall be amended as follows. U.K.

(2) In subsection (1), for the words before paragraph (a) there shall be substituted “ OFCOM may make regulations for either or both of the following purposes— ”.

(3) In subsection (2), for the words from the beginning to “fit” there shall be substituted “ The requirements prescribed under subsection (1) shall be such as OFCOM think fit ”.

(4) After subsection (4) there shall be inserted—

“(4A) The approval of the Secretary of State is required for the making by OFCOM of any regulations under this section.

(4B) A statutory instrument containing regulations made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I5 Sch. 17 para. 11 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Valid from 29/12/2003

12 (1) Section 11 of that Act (enforcement of regulations as to apparatus) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for the words before paragraph (a) there shall be substituted “ If OFCOM are of the opinion— ”;

(b) for “he considers” there shall be substituted “ they consider ”;

(c) for “he may” there shall be substituted “ OFCOM may ”;

(d) for the words from “or, if” to “fit” there shall be substituted “ or, if OFCOM think fit ”;

(e) in paragraph (ii) of the proviso, for the words from the beginning to “satisfied” there shall be substituted “ if OFCOM are satisfied ”.

(3) In subsection (2), for the words from “notice in writing by” to “served”, in the first place where it occurs, there shall be substituted “ notice in writing from OFCOM served by them ”.

(4) In subsection (7), for the words from “notice” to “section” there shall be substituted “ notice from OFCOM under this section ”.

Valid from 29/12/2003

13 (1) Section 12 of that Act (enforcement of regulations as to sales etc.) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for the words from the beginning to “opinion” there shall be substituted “ If OFCOM are of the opinion ”; and

(b) for “he” there shall be substituted “ OFCOM ”.

(3) In subsection (5), for the words from “by” onwards there shall be substituted “ by OFCOM, be guilty of an offence. ”

14 (1) Section 14 of that Act (penalties and legal proceedings) shall be amended as follows. U.K.

(2) In subsection (1), for paragraph (a) substitute—

“(a) any offence under section 5(1)(a) of this Act; or”.

(3) In subsection (1A)—

(a) in paragraph (c), for “of the Secretary of State” there shall be substituted “ from OFCOM ”; and

(b) paragraph (e) shall cease to have effect.

(4) In subsection (3)—

(a) paragraph (b) shall cease to have effect; and

(b) for “the Secretary of State” there shall be substituted “ OFCOM ”.

(5) In subsections (3A), (3B), (3D) and (3E), for “the Secretary of State” there shall be substituted “ OFCOM ”.

(6) In subsection (3B), for “he thinks” there shall be substituted “ they think ”.

(7) In subsection (3D), for “him” there shall be substituted “ them ”.

(8) In subsection (7) (enforcement by civil proceedings)—

(a) after the words “the Crown”, in the first place where they occur, there shall be inserted “ or by OFCOM, ”; and

(b) for the words from “In the application” onwards there shall be substituted— “In the application of this section to Scotland for the words from “civil proceedings” to “appropriate relief” there shall be substituted

Commencement Information

I6 Sch. 17 para. 14(1)(2)(3)(b)(4)(a) in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Valid from 29/12/2003

15 (1) Section 15 of that Act (powers of entry) shall be amended as follows. U.K.

(2) In subsection (1), for paragraphs (a) and (b) and the words “, with or without any constables,” there shall be substituted “ any constable or any person or persons authorised for the purpose by OFCOM or the Secretary of State ”.

(3) After that subsection there shall be inserted—

“(1A) Where a person authorised by OFCOM or the Secretary of State is authorised by a warrant under subsection (1) to enter any premises, he is to be entitled to exercise that warrant alone or to exercise it accompanied by one or more constables.”

(4) In subsection (2)—

(a) in paragraph (b), for the words from “enable” to “decide” there shall be substituted “ enable OFCOM to decide ”;

(b) in paragraph (c), for the words from “behalf” to “producing” there shall be substituted “ behalf by OFCOM and producing ”;

(c) in the words after paragraph (c), for the words from “behalf” to “with” there shall be substituted “ behalf by OFCOM, with ”;

(d) in paragraph (i) of the proviso, for the words from “that”, in the first place where it occurs, to “satisfied” there shall be substituted “ that OFCOM are satisfied ”.

(5) In subsection (2A) for “the BBC” there shall be substituted “ OFCOM ”.

16 (1) Section 16 of that Act (regulations and orders) shall be amended as follows. U.K.

(2) After subsection (1) there shall be inserted—

“(1A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make regulations under a provision of this Act.”

(3) In subsection (2), for the words from the beginning to “him” there shall be substituted “ Any power conferred on the Secretary of State ”.

Commencement Information

I7 Sch. 17 para. 16 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Valid from 29/12/2003

17 U.K. In section 19 of that Act (interpretation), after subsection (2) there shall be inserted—

“(2AA) In this Act “OFCOM” means the Office of Communications.”

Valid from 18/09/2003

18 U.K. In Schedule 1 to that Act (procedures in relation to wireless personnel), for paragraph 3 there shall be substituted—

“3 The Secretary of State is to pay—

(a) the expenses incurred by an advisory committee under this Schedule, to the extent determined by him; and

(b) such sums as he may determine in respect of the expenses of the members of the committee.”