http://www.legislation.gov.uk/ukpga/2010/24/section/38Digital Economy Act 2010An Act to make provision about the functions of the Office of Communications; to make provision about the online infringement of copyright and about penalties for infringement of copyright and performers' rights; to make provision about internet domain registries; to make provision about the functions of the Channel Four Television Corporation; to make provision about the regulation of television and radio services; to make provision about the regulation of the use of the electromagnetic spectrum; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected purposes.texttext/xmlenStatute Law Database2024-08-27Expert Participation2024-08-23 381Section 12 of the Wireless Telegraphy Act 2006 (charges for grant of licence) is amended as follows.2In subsection (5) at the end insert “ , but this is subject to subsection (6). ”3After subsection (5) insert—6Regulations under or for the purposes of subsection (1)(b), so far as it relates to payments during the term of a licence, may be made so as to apply in relation to a licence granted in accordance with regulations under section 14, but only in the following cases—awhere provision included in the licence with the consent of the holder of the licence provides for the regulations to apply;bwhere the licence includes terms restricting the exercise by OFCOM of their power to revoke the licence before the end of a period and that period has expired;cwhere the licence would, but for a variation, have ceased to have effect at the end of a period and that period has expired;dwhere the licence is a surrendered-spectrum licence.7Provision may not be made by virtue of subsection (6)(c) or (d) without the consent of the Secretary of State.8A wireless telegraphy licence is a “surrendered-spectrum licence” if —ait is granted under arrangements involving (before the grant or later) the variation, revocation or expiry of another wireless telegraphy licence;bthe arrangements are with a view to enabling the holder of that other licence to comply with a limit applying to frequencies in respect of which a person may hold licences; andcit authorises the use after that variation, revocation or expiry of a frequency whose use until then was or is authorised by that other licence.9In relation to a surrendered-spectrum licence there may be more than one such other licence (“predecessor licence”) and a licence may be a predecessor licence to more than one surrendered-spectrum licence.4Section 14 of the Wireless Telegraphy Act 2006 (bidding for licences) is amended as follows.5In subsection (5) after “those sums must” insert “ , subject to subsection (5A), ”.6After subsection (5) insert—5AThe regulations may, with the consent of the Secretary of State, make provision permitting or requiring a surrendered-spectrum licence to which the regulations apply to include—aprovision requiring all or part of a sum that would otherwise be payable to OFCOM under subsection (5) to be paid to a person who was or is the holder of a predecessor licence;bprovision requiring a sum in addition to that payable to OFCOM under subsection (5) to be paid to such a person;cprovision specifying any such sum or part or the method for determining it.7After subsection (8) insert—9In subsection (5A) “surrendered-spectrum licence” and “predecessor licence” have the meaning given by section 12(8) and (9).