The Telecommunications (Licensing) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications services (“the Licensing Directive”) harmonises the procedures associated with the granting of such authorisations and licences and the conditions attached thereto.

These Regulations implement the Licensing Directive by amending the provisions of the Wireless Telegraphy Act 1949 (“the 1949 Act”) and the Telecommunications Act 1984 (“the 1984 Act”) which relate to the grant of licences respectively to use wireless apparatus and to run telecommunication systems and, in the case of the 1984 Act, their enforcement. The Secretary of State, and in the case of telecommunications the Director General of the Office of Telecommunications (“the Director”), when granting or modifying licences under those Acts must now have regard to the requirements of the Licensing Directive, particularly Article 4(1), which specifies the conditions which may be included in general authorisations (commonly known as “class licences” under the 1984 Act), Article 7, which sets out the circumstances in which individual licences rather than general authorisations may be granted, and Article 8, which specifies the conditions which may be included in individual licences. In relation to the conditions to be included in licences under the 1984 Act the Secretary of State and the Director must also have regard to the obligations imposed on each of them by the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931), which implement Directive 97/33/EC of the European Parliament and of the Council on interconnection in telecommunications with regard to ensuring universal service and interoperability through the application of the principles of Open Network Provision (ONP) (“the Interconnection Directive”).

Details of the procedures which are to apply to the granting of licences under the 1949 Act and the 1984 Act are to be published by the Secretary of State. Where the Secretary of State or the Director proposes to refuse to grant or to vary or revoke a licence he must notify the applicant or licence holder of his reasons and after considering any representations notify his final decision, again with reasons, to the applicant or licence holder.

In relation to the 1984 Act the Regulations also amend the enforcement procedure under sections 16 and 17, make provision to encourage collocation and facility sharing by organisations providing public telecommunication networks, services or both, and provide that no limitation on collocation or facility sharing that may be contained in Schedule 2 to the 1984 Act (which sets out the telecommunications code) shall prevent operators entering into agreements relating to the sharing of telecommunications apparatus.