OpenLegislation

Explanatory note

United Kingdom

(This note is not part of the Regulations)

These Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I.s 2012/1075, 2013/917, 2014/1295, 2015/1334, 2015/1995 and 2016/643) (“the 2011 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 set the charges - licence fees - for most classes of wireless telegraphy licence (regulation 4 and Schedule 2). They also provide for pro-rated licence fees, subject to a minimum of £32 in the case of Shared Access licences and otherwise £20, for licences issued for less than one year where the fees for a full year’s licence would otherwise be £75 or more (regulation 4).

For most licence classes the Regulations set the same fees as under the 2011 Regulations, but there are three changes.

The first change is that they introduce fees for new licence classes in Schedule 2: the Local Access, Shared Access (Low Power) and Shared Access (Medium Power) licence classes listed under the heading “Spectrum Access” and the Network 2 GHz licence class listed under the heading “Satellite Services”.

The second change is that, in respect of the Self Co-ordinated Links licence class in Schedule 2, they remove reference to 65 GHz which frequency is no longer available for this licence class.

They also rename two licence classes listed under the heading “Science and Technology” (the Non-Operational Temporary Use licence class, which is renamed the Demonstration and Trial licence class, and the Non-Operational Development licence class, which is renamed the Innovation and Research licence class) (regulation 4(2)(a)(iii) and Schedule 2).

Regulation 5 provides for concessionary fees for certain wireless telegraphy licences held by charities whose object is the safety of human life in an emergency. Regulation 5(3) refers to the Association of Guernsey Charities. Information about the Association of Guernsey Charities is on its website at http://www.charity.org.gg/.

Regulation 6 provides that, where a sum is not prescribed by regulations made under section 12 of the Act, 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, referred to in regulation 2(1), are available from the Ordnance Survey’s website at www.ordnancesurvey.co.uk.

Copies of the Office for National Statistics’ Population Estimates referred to in regulation 2(5) may be obtained from The Office for National Statistics at The Customer Contact Centre, Office for National Statistics, Government Buildings, Cardiff Road, Newport, South Wales NP10 8XG.

Copies of the Radio Regulations referred to in regulation 2(4) may be obtained from The International Telecommunication Union, Place des Nations, 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: 020 7981 3000) and 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.