The Wireless Telegraphy (Licence Charges) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 2002 (S.I. 2002/1700 as amended by S.I.s 2003/2155, 2003/2983, and 2003/2984) (“the 2002 Regulations”). These Regulations provide for fees to be paid to the Office of Communications (“OFCOM”) in respect of wireless telegraphy licences granted under section 1 of the Wireless Telegraphy Act 1949 (c. 54). The fees are set by OFCOM in accordance with the Wireless Telegraphy Act 1998 (c. 6) (“the 1998 Act”).

These Regulations—

(a) amend obligations as to when fees are payable (as previously prescribed in the 2002 Regulations) to make provision for the event of a transfer of rights and obligations under a wireless telegraphy licence to another person under the Wireless Telegraphy (Spectrum Trading) Regulations2004 (S.I. 2004/3154);

(b) introduce fees for a number of new licence classes in Schedule 2 including the Community Radio Licence under the Broadcasting sector, the Fixed Wireless Access (3.4, 3.6-4.2 GHz for Guernsey, the Isle of Man and Jersey, respectively) Licences under the Fixed Wireless Access sector, and the Satellite (Earth Station on board Vessel), (Aircraft Earth Station), (Earth Station – Non-Geostationary) and (Earth Station – Non-Fixed Satellite Service) Licences under the Satellite sector;

(c) change the structure for charging fees prescribed for the Point to Point Fixed Links Licence and the Scanning Telemetry Licence so that some fees are increased;

(d) increase the level of fees for the Programme Making and Special Event licence classes, and the Satellite (Permanent Earth Station) Licence;

(e) prescribe new fees for cellular operators for Public Wireless Network class licences applying to Guernsey, the Isle of Man and Jersey; and

(f) rename and re-structure the Business Radio licence classes, moving certain licences from other sectors including Public Wireless and Fixed Services as well as removing the Private Business Radio sector.

Regulation 5 makes provision for concessionary fees in respect of certain wireless telegraphy licences where such a licence is granted to an applicant, or held by a licensee, which is a charity and has as its object the safety of human life in an emergency. In providing for concessionary fees for such charities, regulation 5(3) refers to the Association of Guernsey Charities and the Association of Jersey Charities. The addresses of these Associations are c/o Guernsey Chamber of Commerce, States Arcade, St. Peter Port, Guernsey, and c/o Dover House, Domaine des Vaux, St. Lawrence, Jersey, respectively.

Regulation 6 provides that, where a sum is not prescribed by regulations made under section 1 of the 1998 Act whether on the issue of a licence or subsequently, there shall be paid to OFCOM such sum as OFCOM may in the particular case determine.

Copies of the 2nd series of Landranger maps published by the Ordnance Survey and referred to in regulation 3(1) are available from the Ordnance Survey’s website at www.ordnancesurvey. co.uk..

Copies of the documents “Office of National Statistics Population Estimates Mid-2000 for England and Wales” (published in August 2001), “Mid-Year Population Estimates, Scotland” (published in June 2001) and “Annual Report of the Registrar General for Northern Ireland” (published in November 2001) referred to in regulation 3(5) may be obtained from The Stationery Office, Publications Centre, P.O. Box 276, London SW8 5DT.

Copies of the Radio Regulations referred to in regulation 3(5) may be obtained from the ITU Sales Service, Place des Nations, CH-1211 Geneva 20, Switzerland.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: [phone]) or on OFCOM’s web site at www.ofcom.org.uk.. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.