Communications Act 2003

Prospective

8 (1) Section 1D of that Act (procedure for grant of licences for providing a telecommunications service) shall be amended as follows. E+W+S+N.I.

(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.”