The Wireless Telegraphy (Licence Charges) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 2005 (S.I. 2005/1378 as amended by S.I.s 2006/2894, 2007/2326, 2008/139, 2008/2106 and 2009/66) (“the 2005 Regulations”). These Regulations provide for charges to be paid to the Office of Communications (“OFCOM”) in respect of wireless telegraphy licences granted under section 8 of the Wireless Telegraphy Act 2006 (c. 36) (“the Act”).

These Regulations set the charges - licence fees - for most classes of wireless telegraphy licence (regulation 4 and Schedule 2). They also provide for pro-rated licence fees, subject to a minimum of £20, for licences issued for less than one year where the fees for a full year’s licence would otherwise be £75 or more (regulation 4).

For most licence classes the Regulations set the same fees as under the 2005 Regulations, but they also:

a)

introduce fees for new licence classes in Schedule 2, including the Satellite (Complementary Ground Components of a Mobile Satellite System), the Coastal Station Radio (UK) Area Defined and the Coastal Station Radio (International) Area Defined licence classes;

b)

change the fees for some Maritime licence classes in Schedule 2, including the Coastal Station Radio (UK), the Coastal Station Radio (International) and the Differential Global Position System licence classes. This increases some fees and reduces others;

c)

increase the number of channels within certain Maritime licence classes in Schedule 2 in respect of which no licence fee is payable (regulation 2(4) and Schedule 2);

d)

change the fees for the Business Radio licence classes in Band I (the band 55.75 to 68 MHz), reducing them in most cases, and remove from the charging structure Business Radio licence classes which no longer exist (Schedule 2);

e)

change the fees for the Satellite (Transportable Earth Station) licence class, introducing new fees for earth stations in certain frequency bands (Schedule 2 and Schedule 4 Part 3);

f)

change the fees for licences to use national channels in the Scanning Telemetry licence class, so the same fee (£7,920) is payable in each year of the licence (Schedule 2);

g)

reduce the fees for the Television Broadcasting Services licence classes (Schedule 2);

h)

remove the fees for some licence classes including the Automatic Identification System, the Satellite (Transportable Very Small Aperture Terminal) and the Citizens’ Band radio licence classes; and

i)

rename some licence classes (like the Public Wireless Networks (2G Cellular Operator) licence class, which is renamed the Public Wireless Networks licence class) (Schedule 2).

Regulation 5 provides for concessionary fees for certain wireless telegraphy licences held by charities whose object is the safety of human life in an emergency. Regulation 5(3) refers to the Association of Guernsey Charities and the Association of Jersey Charities. Information about the former is on its website at http://www.charity.org.gg/index.html and it can be contacted by sending electronic mail to [e-mail]. Information about the latter is on its website at http://www.jerseycharities.org/, it can be contacted by sending electronic mail to [e-mail] and its address is PO Box 356, St Helier, Jersey JE4 9YZ.

Regulation 6 provides that, where a sum is not prescribed by regulations made under section 12 of the Act, there shall be paid to OFCOM such sum as OFCOM may in the particular case determine.

Copies of the 2nd series of Landranger maps published by the Ordnance Survey, referred to in regulation 2(1), are available from the Ordnance Survey’s website at www.ordnancesurvey.co.uk.

Copies of the Office of National Statistics’ Population Estimates referred to in regulation 2(5) may be obtained from The Office for National Statistics website at www.statistics.gov.uk and The Customer Contact Centre, Office for National Statistics, Room 1.101, Government Buildings, Cardiff Road, Newport, South Wales NP10 8XG.

Copies of the Radio Regulations referred to in regulation 2(4) may be obtained from The International Telecommunication Union, Place des Nations, 1211 Geneva 20, Switzerland.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: [phone]) and on OFCOM’s web site at www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.