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Wireless Telegraphy Act 2006

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This is the original version (as it was originally enacted).

3Duties of OFCOM when carrying out functions

(1)In carrying out their radio spectrum functions, OFCOM must have regard, in particular, to—

(a)the extent to which the electromagnetic spectrum is available for use, or further use, for wireless telegraphy;

(b)the demand for use of the spectrum for wireless telegraphy; and

(c)the demand that is likely to arise in future for the use of the spectrum for wireless telegraphy.

(2)In carrying out those functions, they must also have regard, in particular, to the desirability of promoting—

(a)the efficient management and use of the part of the electromagnetic spectrum available for wireless telegraphy;

(b)the economic and other benefits that may arise from the use of wireless telegraphy;

(c)the development of innovative services; and

(d)competition in the provision of electronic communications services.

(3)Subsection (4) has effect in the case of OFCOM’s radio spectrum functions, other than their functions under sections 13 and 22.

(4)In the application of this section to those functions, OFCOM may disregard such of the matters mentioned in subsections (1) and (2) as appear to them—

(a)to be matters to which they are not required to have regard apart from this section; and

(b)to have no application to the case in question.

(5)Where it appears to OFCOM that a duty under this section conflicts with one or more of their duties under sections 3 to 6 of the Communications Act 2003 (c. 21), priority must be given to their duties under those sections.

(6)Where it appears to OFCOM that a duty under this section conflicts with another in a particular case, they must secure that the conflict is resolved in the manner they think best in the circumstances.

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