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Wireless Telegraphy Act 2006

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8Licences and exemptionsU.K.

(1)It is unlawful—

(a)to establish or use a wireless telegraphy station, or

(b)to instal or use wireless telegraphy apparatus,

except under and in accordance with a licence (a “wireless telegraphy licence”) granted under this section by OFCOM.

(2)Subsection (1) does not apply to—

(a)the use of a television receiver (within the meaning of Part 4 of the Communications Act 2003) for receiving a television programme; or

(b)the installation of a television receiver for use solely for that purpose.

(3)OFCOM may by regulations exempt from subsection (1) the establishment, installation or use of wireless telegraphy stations or wireless telegraphy apparatus of such classes or descriptions as may be specified in the regulations, either absolutely or subject to such terms, provisions and limitations as may be so specified.

[F1(3A)OFCOM may not make regulations under subsection (3) specifying terms, provisions or limitations in relation to the establishment, installation or use of wireless telegraphy stations or wireless telegraphy apparatus for the provision of an electronic communications network or electronic communications service unless the terms, provisions or limitations are of a kind falling within Part A of the Annex to Directive 2002/20/ EC of the European Parliament and of the Council.

(3B)Terms, provisions and limitations specified in regulations under subsection (3) must be—

(a)objectively justifiable in relation to the wireless telegraphy stations or wireless telegraphy apparatus to which they relate,

(b)not such as to discriminate unduly against particular persons or against a particular description of persons,

(c)proportionate to what they are intended to achieve, and

(d)in relation to what they are intended to achieve, transparent.]

(4)If OFCOM are satisfied that [F2the conditions in subsection (5) are] satisfied as respects the use of stations or apparatus of a particular description, they must make regulations under subsection (3) exempting the establishment, installation and use of a station or apparatus of that description from subsection (1).

[F3(5)The conditions are that the use of stations or apparatus of that description is not likely to —

(a)involve undue interference with wireless telegraphy;

(b)have an adverse effect on technical quality of service;

(c)lead to inefficient use of the part of the electromagnetic spectrum available for wireless telegraphy;

(d)endanger safety of life;

(e)prejudice the promotion of social, regional or territorial cohesion; or

(f)prejudice the promotion of cultural and linguistic diversity and media pluralism.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 8(1) excluded (E.W.S.) (21.10.2013 for E.W., 3.3.2014 for S.) by Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20), ss. 1(7), 5(3); S.I. 2013/2460, art. 3; S.S.I. 2014/34, art. 2

C3S. 8(1) restricted by S.I. 2010/2512, reg. 9 (as inserted (27.6.2014) by The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014 (S.I. 2014/1484), regs. 1, 2(3))

C4S. 8(1) restricted by S.I. 2010/2512, reg. 10 (as inserted (27.6.2014) by The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014 (S.I. 2014/1484), regs. 1, 2(3))

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