Part 2

Networks, services and the radio spectrum
Chapter 2

Spectrum use

Construction of 1949 Act

Modification of definition of “undue interference”
183
For subsection (5) of section 19 of the Wireless Telegraphy Act 1949 (c. 54) (meaning of undue interference) there shall be substituted—
5
Interference with any wireless telegraphy is not to be regarded as undue for the purposes of this Act unless it is also harmful.
5A
For the purposes of this Act interference is harmful if—
a
it creates dangers, or risks of danger, in relation to the functioning of any service provided by means of wireless telegraphy for the purposes of navigation or otherwise for safety purposes; or
b
it degrades, obstructs or repeatedly interrupts anything which is being broadcast or otherwise transmitted—
i
by means of wireless telegraphy; and
ii
in accordance with a licence under this Act, regulations under the proviso to section 1(1) of this Act or a grant of recognised spectrum access under Chapter 2 of Part 2 of the Communications Act 2003 or otherwise lawfully.