EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2020 (S.I. 2020/1068, as amended by SIs 2021/1117 and 2022/1310) (“the 2020 Regulations”). These Regulations provide for charges to be paid to the Office of Communications (“OFCOM”) in respect of wireless telegraphy licences granted under section 8 of the Wireless Telegraphy Act 2006 (c. 36) (“the Act”).

These Regulations amend and prescribe the charges – licence fees – for three classes of wireless telegraphy licence. In particular, they prescribe the fees payable in respect of 10 GHz and 32 GHz Spectrum Access licences awarded by Ofcom by way of auction in 2008, and in respect of 28 GHz Spectrum Access licences awarded by Ofcom by way of auction in 2000 and 2008 (together, the “Licences”).

Regulation 2(3) amends the 2020 Regulations to enable holders of the Licences to pay their fees by way of ten equal monthly instalments, should they wish to do so and provided they meet the criteria set out in regulation 4(6) or 4(7) of the 2020 Regulations.

Regulation 2(4) inserts a new regulation 6A into the 2020 Regulations. This prescribes one-off fees payable, on 17th April 2023, by the holders of a 28 GHz Spectrum Access awarded by auction in 2008.

Regulation 2(5) substitutes regulation 7 of the 2020 Regulations with a new regulation 7. This prescribes the fees payable, on 5th January 2024 and on each anniversary of that date, by the holders of a 28 GHz Spectrum Access licence, awarded by auction in 2000 or 2008.

Regulation 2(6) inserts new regulations 9 and 10 into the 2020 Regulations. These prescribe the fees payable, on 17th April and on each anniversary of that date, by the holders of a 10 GHz and a 32 GHz Spectrum Access licence respectively.

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