Communications Act 2003

Wireless Telegraphy Act 1998

147 For section 2 of that Act there shall be substituted—

“2 Matters to be taken into account

(1) This section applies where OFCOM exercise any of their powers under section 1 to prescribe sums payable in respect of any description of wireless telegraphy licence or of grant of recognised spectrum access, other than a power to prescribe sums payable where—

(a) a wireless telegraphy licence is varied or revoked at the request or with the consent of the licence holder; or

(b) a grant of recognised spectrum access is varied or revoked at the request or with the consent of the holder of the grant.

(2) OFCOM may, if they think fit in the light (in particular) of the matters to which they are required to have regard under section 154 of the Communications Act 2003, prescribe sums which would be greater than those that would be necessary for the purposes of recovering costs incurred by them in connection with functions under the enactments relating to the management of the radio spectrum.

(3) In this section—

• “the enactments relating to the management of the radio spectrum” has the same meaning as in the Communications Act 2003;

• “prescribe” means prescribe by regulations or determine in accordance with regulations.”