9ZARestrictions on imposition of limitations etc under section 9

1

OFCOM may grant a wireless telegraphy licence subject to a limitation on the nature of a station that may be established or used, or the apparatus that may be installed or used, only if the limitation is necessary for a purpose specified in subsection (2).

2

Those purposes are—

a

avoiding undue interference with wireless telegraphy;

b

the protection of public health against electromagnetic fields;

c

ensuring technical quality of service;

d

ensuring maximisation of frequency sharing;

e

safeguarding the efficient management and use of the part of the electromagnetic spectrum available for wireless telegraphy;

f

ensuring the fulfilment of a general interest objective.

3

OFCOM may grant a wireless telegraphy licence incorporating a provision requiring the use of a specified frequency for the activity authorised by the licence only if the requirement is imposed in order to ensure the fulfilment of a general interest objective.

4

In this section “general interest objective” has the meaning given by section 8B(3).

5

Subsection (6) applies where OFCOM think that the imposition of a limitation or provision within subsection (1) or (3) in relation to a wireless telegraphy licence would have a significant impact on a market for the use of the electromagnetic spectrum for wireless telegraphy in relation to which OFCOM have functions under the enactments relating to the management of the radio spectrum.

6

Before deciding whether to impose the limitation or provision, OFCOM must consult the applicant for the licence and must take any representations into account.

7

If OFCOM have imposed limitations or provisions under subsection (1) or (3) in relation to a wireless telegraphy licence, they must, at such intervals as they consider appropriate—

a

review whether those limitations or provisions are necessary, and

b

publish the outcome of the review in such manner as they think fit.

8

But subsection (7) does not apply to a provision requiring the use of a specified frequency for the activity authorised by the licence where the licence holder has an opportunity to ask for a different frequency to be specified.

9ZBReview of pre-26 May 2011 limitations etc.

1

This section applies where OFCOM have imposed limitations or provisions of a kind falling within section 9ZA(1) or (3) in relation to a wireless telegraphy licence granted on or before 25 May 2011.

2

As soon as reasonably practicable after 26May 2016, OFCOM must review such limitations or provisions with a view to determining whether, if the licence had been granted after 25 May 2011, section 9ZA would have prevented OFCOM from imposing the limitation or provision.

3

If OFCOM concludes that section 9ZA would have prevented the imposition of a limitation or provision, it must vary the licence in order to remove the limitation or provision.

4

This section does not apply in relation to a provision requiring the use of a specified frequency for the activity authorised by the licence where the licence holder has an opportunity to ask for a different frequency to be specified.