2007 No. 392

electronic communications

The Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007

Made

Coming into force

The Office of Communications (“OFCOM”) having regard to the matters specified in section 3 of the Wireless Telegraphy Act 20061 (“the Act”), make the following Regulations in exercise of the powers conferred on OFCOM by sections 21, 22(2) and (3) of the Act.

Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act and have considered the representations made to them before the time specified in that notice in accordance with section 122(4)(c) of the Act.

Citation, commencement and extent1

1

These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007 and shall come into force on 8th March 2007.

2

These Regulations shall not extend to the Channel Islands or the Isle of Man.

Interpretation2

In these Regulations—

a

“A” means the relevant restricted area specified in square kilometres;

b

“authorised user” means a person whose use of a wireless telegraphy station or wireless telegraphy apparatus is in accordance with, or provision made under, the Act;

c

“GHz” means gigahertz;

d

“MHz” means megahertz;

e

“N” means, in respect of a frequency band specified in Part 1 or Part 2 of the Schedule, the difference between the highest and lowest frequencies expressed in megahertz, specified for that band; and

f

“relevant restricted area” means the area within a circle whose centre and radius are specified in the grant of recognised spectrum access.

Time of Payment3

There shall be paid to OFCOM—

a

on the making of a grant of recognised spectrum access; and

b

on the last day of each period of twelve months following the grant while the grant remains in force,

the sum specified in these Regulations.

Charges for grants in respect of Part 1 frequency bands4

1

In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 1 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being no other authorised users in the relevant restricted area, the sum shall be the higher of—

a

£500; and

b

£0.51NA.

2

In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 1 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being a limited number of other authorised users in the relevant restricted area, the sum shall be the higher of—

a

£500; and

b

£0.0255NA.

Charges for grants in respect of Part 2 frequency bands5

In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 2 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being no other authorised users in the relevant restricted area, the sum shall be the higher of—

a

£500; and

b

£1.65NA.

Charges for grants in respect of Part 3 frequency band6

In the case of a grant of recognised spectrum access in respect of the use of the frequency band specified in Part 3 of the Schedule the sum shall be £22,500.

Charges for grants in respect of Part 4 frequency bands7

In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 4 of the Schedule the sum shall be £500.

Ed RichardsChief Executive of the Office of CommunicationsFor and by the authority of the Office of Communications

SCHEDULEFREQUENCY BANDS

Regulations 4 to 7

PART 1FIXED SERVICE BANDS

1.6605–1.6680 GHz

1.668–1.670 GHz

10.60–10.68 GHz

22.01–22.21 GHz

22.21–22.50 GHz

22.81–22.86 GHz

23.07–23.12 GHz

31.5–31.8 GHz

PART 2MOBILE SERVICE BANDS

37.75–38.25 MHz

80.5–82.5 MHz

150.05–152.00 MHz

PART 3BROADCASTING SERVICE BAND

606–614 MHz

PART 4FIXED SUM BANDS

1.400–1.427 GHz

1.6106–1.6138 GHz

1.6600–1.6605 GHz

2.69–2.70 GHz

10.68–10.70 GHz

15.35–15.40 GHz

23.6–24.0 GHz

31.3–31.5 GHz

42.5–43.5 GHz

48.94–49.04 GHz

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made by the Office of Communications (“OFCOM”) under sections 21 and 22(2) of the Wireless Telegraphy Act 2006 (c.36) (“the Act”) and having had regard to section 3 of the Act.

These Regulations provide for sums to be paid to OFCOM in respect of grants of recognised spectrum access grants made under section 18 of the Act. Regulation 3 makes provision for the sums payable to OFCOM as specified in, or determined in accordance with the provisions of these Regulations; and when such sums are payable. Regulations 4 to 7 set out the sum payable, or the calculations required to determine the sum payable, to OFCOM for grants of recognised spectrum access in respect of the frequency bands specified in the Schedule to these Regulations.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on OFCOM’s website at www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.