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Wireless Telegraphy Act 2006

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This is the original version (as it was originally enacted).

Notification of proposed revocation or variation

7(1)Where OFCOM propose to revoke or vary a wireless telegraphy licence, they must give the person holding the licence a notification under this sub-paragraph—

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

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

(2)The 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 sub-paragraphs (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—

(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 has a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

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

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

(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 urgent if the failure to revoke or vary 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 wireless telegraphy stations or wireless telegraphy apparatus; or

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

(8)A contravention of a term, provision or limitation of a licence is a repeated contravention, in relation to a proposal to revoke or vary a licence, if it falls within sub-paragraph (9).

(9)A contravention falls within this sub-paragraph if—

(a)a previous notification under sub-paragraph (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 sub-paragraph is given no more than 12 months after the day of the making by OFCOM of a determination for the purposes of sub-paragraph (10) that the contravention to which the previous notification related did occur.

(10)Where OFCOM have given a notification under sub-paragraph (1), they must, 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 revoke or vary 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.

(11)The notification under sub-paragraph (10)—

(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 revoke or vary the licence or withdraw the proposal for a revocation or variation.

(12)Nothing in this paragraph applies to a proposal to revoke or vary a licence if the proposal is made at the request or with the consent of the holder of the licence.

(13)The reference in sub-paragraph (9) 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.

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