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Communications Act 2003

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This is the original version (as it was originally enacted).

152General functions of OFCOM in relation to radio spectrum
This section has no associated Explanatory Notes

(1)It shall be a function of OFCOM—

(a)to give such advice in relation to the use of the electro-magnetic spectrum for wireless telegraphy,

(b)to provide such other services, and

(c)to maintain such records,

as they consider appropriate for the purpose of facilitating or managing the use of that spectrum for wireless telegraphy.

(2)It shall be a function of OFCOM, in relation to the use of the electro-magnetic spectrum for wireless telegraphy—

(a)to give such further advice,

(b)to provide such other services, and

(c)to maintain such other records,

as the Secretary of State may, for the purpose of securing compliance with the international obligations of the United Kingdom, require them to provide.

(3)The advice, the other services and the records that OFCOM may give, provide or maintain under this section include advice, other services and records with respect to the use of the electro-magnetic spectrum at places outside the United Kingdom.

(4)The powers of OFCOM to carry out research, or to arrange for others to carry out research, are to be exercisable, in particular, for ascertaining, for the purpose of carrying out their functions under this section, information about—

(a)the demands for use of the electro-magnetic spectrum for wireless telegraphy in the United Kingdom;

(b)the effects, in the United Kingdom, of any such use of that spectrum;

(c)likely future developments in relation to those matters; and

(d)any other connected matters that OFCOM think relevant.

(5)OFCOM may make a grant to any person if, in their opinion, the making of the grant is likely to promote—

(a)the efficient use in the United Kingdom of the electro-magnetic spectrum for wireless telegraphy; or

(b)the efficient management of that use.

(6)A grant—

(a)may be made to a person holding a wireless telegraphy licence or a grant of recognised spectrum access under section 159 or to any other person; and

(b)is to be made on such terms and conditions as OFCOM consider appropriate;

and those terms and conditions may include terms requiring the repayment of the grant in specified circumstances.

(7)The consent of the Treasury is to be required—

(a)for the making of a grant under subsection (5); and

(b)for the terms and conditions on which such a grant is made.

(8)Where OFCOM are required to give advice or provide another service to a person under this section, they are to be entitled to make the giving of the advice or the provision of the other service conditional on the payment to them of such sums—

(a)as they may determine in advance; or

(b)as may be agreed between them and that person.

(9)In this section references to providing a service to a person include references to a service consisting in—

(a)the entry of that person’s particulars in a register or other record kept by OFCOM for the purpose of carrying out their functions under this section; or

(b)the taking of steps for the purposes of determining whether to grant an application for an entry in a register or record so kept.

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