2012 No. 1075
The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2012
Made
Coming into force
The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by sections 12, 13(2) and 122(7) of the Wireless Telegraphy Act 20061 (the “Act”).
Before making these Regulations, OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.
Citation and commencement1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2012 and shall come into force on 3rd May 2012.
Amendment of the Wireless Telegraphy (Licence Charges) Regulations 20112
The Wireless Telegraphy (Licence Charges) Regulations 20112 (“the principal Regulations”) shall be amended in accordance with the following provisions of these Regulations.
Amendment of Regulation 23
In regulation 2 of the principal Regulations—
a
in paragraph (1)—
i
in the definition of “medium usage bands” substitute “VHF Band III” for “VHF Band II”;
ii
omit the definition of “VHF Band II”; and
iii
after the definition of “VHF Band I” insert the following definition—
“VHF Band III” means that part of the electromagnetic spectrum between 177.20625 MHz and 207.49375 MHz;
b
after paragraph (6), insert the following paragraph—
7
In relation to an Aeronautical Station (Aerodrome Surface and Operational Control) licence, an Aeronautical Station (Aeronautical Broadcast) licence, an Aeronautical Station (Aircraft Communications Addressing and Reporting System) licence, an Aeronautical Station (Air/Ground, Aerodrome Flight Information Service and Tower) licence, an Aeronautical Station (Approach) licence, an Aeronautical Station (Area Control) licence, an Aeronautical Station (Offshore) licence and an Aeronautical Station (Very High Frequency Data Link) licence—
a
“area service” means a two-way wireless telegraphy service between a ground station and an aircraft which is authorised under a licence within a designated operational coverage in which the horizontal plane is polygonal in shape;
b
“aeronautical broadcast service” means a one-way wireless telegraphy service from a ground station which is authorised under a licence within a designated operational coverage in which the horizontal plane is circular in shape;
c
“circular service” means a two-way wireless telegraphy service from a ground station and an aircraft which is authorised under a licence within a designated operational coverage in which the horizontal plane is circular in shape;
d
“designated operational coverage” means a three dimensional portion of airspace within which the provision of a wireless telegraphy service is authorised; and
e
“excluded channels” means channels 121.5 MHz, 121.6 MHz and 123.1 MHz.
Amendment of Regulation 44
1
Regulation 4 of the principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
Substitute paragraph (3) with the following paragraph—
3
Paragraph (4) shall apply also to—
a
a licence within the Point to Point Fixed Links licence class (which is listed under the heading “Fixed Links” in Schedule 2) where the sum otherwise payable for such licence is less than £75 per annum; and
b
a licence within the Aircraft licence class (which is listed under the heading “Aeronautical” in Schedule 2) where the sum otherwise payable for such licence is £75 or more for a prescribed payment interval.
3
In paragraph (4)—
a
substitute “a period of less than the prescribed payment interval” for “a period of less than one year”; and
b
substitute “a proportion of the prescribed sum corresponding to one month of the prescribed payment interval” for “one-twelfth of the prescribed sum”.
Amendment of Schedule 25
1
Schedule 2 to the principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
Under the heading “Aeronautical”—
a
in relation to the licence class “Aeronautical Ground Station (Fire)”, omit all of the entries in Columns 1 to 4;
b
after the licence class “Aeronautical Ground Station (Offshore Platform)”, insert the following entries—
Aeronautical Station (Aerodrome Surface and Operational Control) | £116.67 for each authorisation under a licence of use of a 8.33kHz channel for a base station, provided that excluded channels shall not be taken into account. | 12 months | |
Aeronautical Station (Aeronautical Broadcast) |
| 12 months | |
Aeronautical Station (Aircraft Communications Addressing and Reporting System) |
| 12 months | |
Aeronautical Station (Air/Ground, Aerodrome Flight Information Service and Tower) |
| 12 months | |
Aeronautical Station (Approach) |
| 12 months | |
Aeronautical Station (Area Control) |
| 12 months | |
Aeronautical Station (High Frequency) | £350 | 12 months | |
Aeronautical Station (Offshore) |
| 12 months | |
Aeronautical Station (Recreational Aviation) | £75 | 12 months | |
Aeronautical Station (Very High Frequency Data Link) |
| 12 months |
c
in relation to the licence class “Aircraft”, in Column 4 substitute “36 months” for “12 months” each time “12 months” appears; and
d
in relation to the licence class “Aircraft (Transportable)”, in Column 4 substitute “36 months” for “12 months”.
3
Under the heading “Broadcasting”—
a
in relation to the licence class “Broadcasting Services (Transmission of National and Regional Analogue Television Broadcasts—BBC)”, in Column 2 substitute “£44,944” for “£283,708”; and
b
in relation to the licence class “Broadcasting Services (Transmission of National and Regional Analogue Television Broadcasts—Independent Television Networks)”, in Column 2 substitute “£52,791” for “£333,243”.
4
In this regulation—
a
the Column headed “Class of licence” in Schedule 2 to the principal Regulations shall be designated as “Column 1”;
b
the Column headed “Fixed sums” in Schedule 2 to the principal Regulations shall be designated as “Column 2”;
c
the Column headed “Variable sums” in Schedule 2 to the principal Regulations shall be designated as “Column 3”;
d
the Column headed “Prescribed payment interval” in Schedule 2 to the principal Regulations shall be designated as “Column 4”; and
e
where the amendments to Schedule 2 to the principal Regulations prescribed in the preceding paragraphs of this regulation are set out within a four column grid, the four columns of that grid are to be inserted as Columns 1 to 4 of that Schedule.
Amendment of Schedule 46
In paragraph 5 of Part 3 of Schedule 4 to the principal Regulations, in the heading of Column 4 of the table, substitute “29.4625–30GHz” for “29.4625–29.4630GHz”.
Amendment of Schedule 57
In the table set out in Schedule 5 to the principal Regulations, substitute “TL 000 500” for “TL 500 500” where “TL 500 500” appears.
Amendment of Schedule 98
In the table set out in Schedule 9 to the principal Regulations, in relation to “Heavy congestion area” where it appears in Column 1—
a
in Column 2, substitute “£75” for “£50”;
b
in Column 3, substitute “£75” for “£50”; and
c
in Column 4, substitute “£87.50” for “£50”.
Amendment of Schedule 139
In the table set out in Schedule 13 to the principal Regulations, in relation to “High population area” where it appears in Column 1—
a
in Column 3, substitute “£92.50” for “£67.50”; and
b
in Column 4, substitute “£127.50” for “£70”.
Insertion of Schedule 1510
After Schedule 14 to the principal Regulations, insert the following—
SCHEDULE 15FORMULAE FOR AERONAUTICAL STATIONS
PART 1FORMULA FOR CALCULATING THE APPROPRIATE SUM FOR A LICENCE FOR AN AREA SERVICE
1
For an area service the appropriate sum is the amount in pounds sterling calculated in accordance with the formula set out in paragraph 2.
2
The formula is—
where—
“S” means the sum;
“RR” means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
“SA” means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
“π” means 3.142;
“h” means the number corresponding to the height (in feet) of the designated operational coverage specified in the licence granted to the licensee; and
“r” means the number corresponding to the radius (in nautical miles) of a circle of equivalent area to the designated operational coverage specified in the licence.
PART 2FORMULA FOR CALCULATING THE APPROPRIATE SUM FOR A LICENCE FOR AN AERONAUTICAL BROADCAST SERVICE
3
For an aeronautical broadcast service the appropriate sum is the amount in pounds sterling which is the lesser of—
a
the sum calculated in accordance with the formula set out in paragraph 4; and
b
the sum calculated in accordance with the formula set out in paragraph 5.
4
The formula referred to in paragraph 3(a) is—
where—
“S” means the sum;
“RR” means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
“SA” means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
“π” means 3.142;
“h” means the number corresponding to the height (in feet) of the designated operational coverage specified in the licence granted to the licensee; and
“r” means the number corresponding to the radius (in nautical miles) of the designated operational coverage specified in the licence.
5
The formula referred to in paragraph 3(b) is—
where—
“S” means the sum;
“RR” means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
“SA” means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
“π” means 3.142; and
“r” means the number corresponding to the radius (in nautical miles) of the designated operational coverage specified in the licence.
PART 3FORMULA FOR CALCULATING THE APPROPRIATE SUM FOR A LICENCE FOR A CIRCULAR SERVICE
6
1
For a circular service the appropriate sum is the amount in pounds sterling which is the greater of the sums specified in paragraphs 6(2) and 6(3).
2
The sum specified in this paragraph is the lesser of—
a
the sum calculated in accordance with the formula set out in paragraph 4; and
b
the sum calculated in accordance with the formula set out in paragraph 7.
3
The sum specified in this paragraph is the sum in pounds sterling equal to a quarter of the sum calculated in accordance with the formula set out in paragraph 4.
7
The formula referred to in paragraph 6(2)(b) is—
where—
“S” means the sum;
“RR” means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
“SA” means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
“π” means 3.142; and
“r” means the number corresponding to the radius (in nautical miles) of the designated operational coverage specified in the licence.
(This note is not part of the Regulations)