http://www.legislation.gov.uk/ukpga/2003/21/section/169/2003-07-25Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2003-07-25 Part 2 Networks, services and the radio spectrumChapter 2Spectrum use<Emphasis>Variation and revocation of licences</Emphasis>Variation and revocation of wireless telegraphy licences1691For section 1E of the Wireless Telegraphy Act 1949 (c. 54) (variation and revocation of licences for the provision of a telecommunication service) there shall be substituted—Variation or revocation of a licence1E1Where OFCOM propose to vary or revoke a wireless telegraphy licence, they shall give the person holding the licence a notification under this subsection—astating the reasons for the proposed variation or revocation; andbspecifying the period during which the person notified has an opportunity to do the things specified in subsection (2).2Those things are—amaking representations about the proposal; andbif the proposal is the result of a contravention of a term, provision or limitation of the licence, complying with that term, provision or limitation.3Subject to subsections (4) to (6), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.4OFCOM may, if they think fit, allow a longer period for doing those things either—aby specifying a longer period in the notification; orbby subsequently, on one or more occasions, extending the specified period.5The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.6The person notified shall also have a shorter period if—aOFCOM have reasonable grounds for believing that the case is a case of serious and repeated contravention or an urgent case;bthey have determined that, in the circumstances, a shorter period would be appropriate; andcthe shorter period has been specified in the notification.7A case is an urgent case if the failure to vary or revoke the licence will result in, or create an immediate risk of—aa serious threat to the safety of the public, to public health or to national security; orbserious economic or operational problems for persons, other than the person in contravention, who—iuse stations or apparatus for wireless telegraphy; oriiare communications providers or make associated facilities available.8Subsection (1) does not apply to a proposal to vary or revoke a licence if the proposal is made at the request or with the consent of the licence holder.9For the purposes of this section a contravention of a term, provision or limitation of a licence is a repeated contravention, in relation to a proposal to vary or revoke a licence, if it falls within subsection (10).10A contravention falls within this subsection if—aa previous notification under subsection (1) has been given in respect of the same contravention or in respect of another contravention of a term, provision or limitation of the same licence; andbthe subsequent notification under that subsection is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of subsection (11) that the contravention to which the previous notification related did occur.11Where OFCOM have given a notification under subsection (1), they shall, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification—adecide whether or not to vary or revoke the licence in accordance with their proposal, or in accordance with that proposal but with modifications; andbgive the person holding the licence a notification of their decision.12The notification under subsection (11)—amust be given no more than one week after the making of the decision to which it relates; andbmust, in accordance with that decision, either vary or revoke the licence or withdraw the proposal for a variation or revocation.13The reference in subsection (10) to a contravention of a term, provision or limitation of the same licence includes a reference to a contravention of a term, provision or limitation contained in a previous licence of which the licence in question is a direct or indirect renewal.14In this section, “communications provider” and “associated facility” have the same meaning as in the Communications Act 2003.2Nothing in this section is to apply in any case in which a notice under section 1E(1) of the Wireless Telegraphy Act 1949 (c. 54) was served before the commencement of this section.S. 169 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))