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The 1452-1492 MHz and 3400-3800 MHz Frequency Bands (Management) Regulations 2016

S.I. 2016/495 · Made 6 April 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Electronic Communications

Made 6th April 2016

Laid before Parliament 13th April 2016

Coming into force 6th May 2016

The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in respect of matters relating to electronic communications, in exercise of the powers conferred by that section makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

S.I. 2001/3495. This has been amended, but the amendments are not relevant for the purposes of these Regulations.

M2

1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Regulation 2
  3. 3Revocation
  4. 4Designation of the 1452-1492 MHz frequency band
  5. 5Designation of the 3400-3800 MHz frequency band
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the 1452-1492 MHz and 3400-3800 MHz Frequency Bands (Management) Regulations 2016 and come into force on 6th May 2016.

2

In these Regulations—

  • “the Act” means the Wireless Telegraphy Act 2006 M1;

  • “Commission Decision 2008/411/EC” means Commission Decision 2008/411/EC of 21st May 2008 on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community M2 as amended by Commission Implementing Decision 2014/276/EU of 2nd May 2014 M3;

  • “Commission Implementing Decision (EU) 2015/750” means Commission Implementing Decision (EU) 2015/750 of 8th May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union M4;

  • “OFCOM” means the Office of Communications as established by the Office of Communications Act 2002 M5.

3Revocation

The 3400—3800 MHz Frequency Band (Management) Regulations 2008 M1 are revoked.

4Designation of the 1452-1492 MHz frequency band

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

OFCOM must F2...—

(a)

designate and make available, on a non-exclusive basis, the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex to Commission Implementing Decision (EU) 2015/750; and

(b)

ensure that the terrestrial systems referred to in sub-paragraph (a) give appropriate protection to systems in adjacent frequency bands.

5Designation of the 3400-3800 MHz frequency band

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F2... OFCOM must, subject to paragraphs (3), (4) and (5), continue to designate and make available, on a non-exclusive basis, the 3400-3800 MHz frequency band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to Commission Decision 2008/411/EC.

(3)

Paragraph (2) is without prejudice to the protection and continued operation of other existing use of the 3400-3800 MHz frequency band.

(4)

OFCOM is not obliged to apply the parameters set out in the Annex to Commission Decision 2008/411/EC in respect of rights of use for terrestrial electronic communications networks in the 3400-3800 MHz frequency band existing on 2nd May 2014 to the extent that the exercise of those rights does not prevent the use of the band according to that Annex.

(5)

OFCOM must ensure that the networks referred to in paragraphs (2) and (4) give appropriate protection to systems in adjacent bands.

Signature

Ed Vaizey

Minister of State

Department for Culture, Media and Sport

Explanatory note

(This note is not part of the Regulations)

These Regulations implement:

  1. (a)

    Commission Implementing Decision (EU) 2015/750 of 8th May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union; and

  2. (b)

    Commission Decision 2008/411/EC of 21st May 2008 on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community, as amended by Commission Implementing Decision 2014/276/EU of 2nd May 2014.

These Regulations revoke and replace the 3400—3800 MHz Frequency Band (Management) Regulations 2008 (S.I. 2008/2794), which implemented Commission Decision 2008/411/EC prior to its amendment.

Regulations 4(1) and 5(1) require the Office of Communications (“OFCOM”) to exercise their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the two Commission Decisions.

Regulations 4(2) and 5(2) to (5) specify the particular obligations of the Commission Decisions to which Ofcom must give effect.

Information about existing rights of use in both the 1452-1492 MHz and 3400-3800 MHz frequency bands can be found on OFCOM's website at www.ofcom.org.uk.

A full impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen.

A Transposition Note has been produced for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.