OpenLegislation

Regulation 4 Licence charges and time of paymentI1

United Kingdom

(1)

Subject to paragraphs (2) to (11) and to regulations 5 F1to 10, there shall be paid to OFCOM by the licensee—

(a)

on the issue of the licence and on the variation of the licence where such variation is prescribed in Schedule 2; and

(b)

on the last day of the period of twelve, twenty-four, thirty-six or (as the case may be) sixty months prescribed in Schedule 2, if any, in respect of the class of licence in question (the “prescribed payment interval”) and on the last day of each subsequent prescribed payment interval thereafter (the first prescribed payment interval having begun on the day of the issue of the licence) for which the licence continues in force,

in relation to a licence of a class listed in Schedule 2—

(c)

the fixed sum, if any, specified in; and

(d)

the variable sum, if any, determined in accordance with the provisions of,

that Schedule.

(2)

Paragraph (4) shall apply to a licence where—

(a)

the licence is of any class other than:

(i)

those listed under the heading “Programme Making and Special Events” in Schedule 2;

(ii)

the Self Co-ordinated Links licence class (which is listed under the heading “Fixed Links” in Schedule 2); and

(iii)

the Demonstration and Trial licence class (which is listed under the heading “Science and Technology” in Schedule 2); and

(b)

the sum otherwise payable for such licence is £75 or more per annum.

(3)

Paragraph (4) shall apply also to—

(a)

a licence within the Point to Point Fixed Links licence class (which is listed under the heading “Fixed Links” in Schedule 2) where the sum otherwise payable for such licence is less than £75 per annum; and

(b)

a licence within the Aircraft licence class (which is listed under the heading “Aeronautical” in Schedule 2) where the sum otherwise payable for such licence is £75 or more for a prescribed payment interval.

(4)

Where a licence to which this paragraph applies is issued for a period of less than the prescribed payment interval the sum payable shall, subject to paragraph (5), be such sum as represents a proportion of the prescribed sum corresponding to one month of the prescribed payment interval multiplied by the number of complete and part-complete months to the expiry of the licence.

(5)

The sum payable in accordance with paragraph (4) shall—

(a)

where such sum represents a fraction of a whole pound sterling be rounded up to the nearest pound sterling;

(b)

where the licence is of the Shared Access (Low Power) or Shared Access (Medium Power) licence class (listed under the heading “Spectrum Access” in Schedule 2), be subject to a minimum of £32; and

(c)

otherwise be subject to a minimum of £20.

(6)

Paragraph (8) shall apply to a licensee where—

(a)

a prescribed sum is payable by that licensee in respect of a licence F2under paragraph (1), F3regulation 6A(1), regulation 7(1), regulation 8(1), regulation 9(1) or regulation 10(1);

(b)

the licence is of one of the following classes—

(i)

the classes listed under the heading “Broadcasting” in Schedule 2;

(ii)

the classes listed under the heading “Business Radio” in Schedule 2;

(iii)

the classes listed under the heading “Fixed Links” in Schedule 2;

(iv)

the classes listed under the heading “Public Wireless Networks” in Schedule 2;

(v)

the classes listed under the heading “Satellite Services” in Schedule 2;

(vi)

the classes Shared Access (Low Power) and Shared Access (Medium Power) listed under the heading “Spectrum Access” in Schedule 2; F4...

(vii)

the class “Spectrum Access 28 GHz” under regulation F56A(1) or regulation 7(1); F6...

F7(viii)

the class “Spectrum Access Licence 412 MHz Band” under regulation 8(1);

F8(ix)

the class “Spectrum Access Licence 10 MHz Band” under regulation 9(1); or

(x)

the class “Spectrum Access Licence 32 MHz Band” under regulation 10(1).

(c)

the licence is granted for a period of a year or longer; and

(d)

the prescribed sum due for payment by the licensee is in excess of £100,000.

(7)

Paragraph (8) shall also apply to a licensee where—

(a)

prescribed sums are payable by that licensee under paragraph (1) F9, regulation 6A(1), regulation 7(1), regulation 9(1) or regulation 10(1) in respect of more than one licence where all of those licences are of the same class and that class is one of the classes listed in paragraph (6)(b);

(b)

each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (1) F10, regulation 6A(1), regulation 7(1), regulation 9(1) or regulation 10(1);

(c)

each of the prescribed sums is in respect of licences granted for a period of a year or longer; and

(d)

the total of the prescribed sums due for payment by the licensee is in excess of £100,000.

(8)

If OFCOM receive notice from a licensee to which this paragraph applies of the licensee’s intention to make payment in ten equal instalments of a sum equal to the prescribed sum referred to in paragraph (6) or equal to the total of the prescribed sums referred to in paragraph (7)(d), the licensee—

(a)

shall not be required to make payment at the prescribed time other than in accordance with this paragraph; and

(b)

shall make payment of the sum in ten equal instalment payments with the first instalment to be paid to OFCOM on the day which shall be the same day as the prescribed time when the prescribed sum or the prescribed sums were to be paid to OFCOM and each subsequent instalment to be paid on the same day in each of the nine consecutive months thereafter (or in a month in which there is no such day, on the last day of the month).

(9)

Where at any time the licensee fails to make payment in accordance with paragraph (8), the total of the outstanding instalment payments shall become immediately due for payment.

(10)

No sums shall be payable to OFCOM in respect of the issue of a licence in order to effect a transfer of rights and obligations under a licence to another person under regulation 9(3) of the 2012 Regulations.

(11)

For any licence issued in order to effect a transfer under the 2012 Regulations, the prescribed payment interval shall be treated so as to commence and expire at the times when the corresponding prescribed payment interval would have commenced and expired under the licence from which the rights and obligations were transferred had the transfer not been made.

Annotations

Textual amendments

F1

Words in reg. 4(1) substituted (17.4.2023) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(a)

F2

Words in reg. 4(6)(a) substituted (27.10.2021) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2021 (S.I. 2021/1117), regs. 1, 2(2)(a)

F3

Words in reg. 4(6)(a) substituted (17.4.2023) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(b)

F4

Word in reg. 4(6)(b)(vi) omitted (27.10.2021) by virtue of The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2021 (S.I. 2021/1117), regs. 1, 2(2)(b)

F5

Words in reg. 4(6)(b)(vii) substituted (17.4.2023) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(c)

F6

Word in reg. 4(6)(b)(vii) omitted (17.4.2023) by virtue of The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(d)

F7

Reg. 4(6)(b)(viii) inserted (27.10.2021) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2021 (S.I. 2021/1117), regs. 1, 2(2)(d)

F8

Reg. 4(6)(b)(ix)(x) inserted (17.4.2023) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(e)

F9

Words in reg. 4(7)(a) substituted (17.4.2023) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(f)

F10

Words in reg. 4(7)(b) substituted (17.4.2023) by The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2023 (S.I. 2023/400), regs. 1, 2(3)(g)

Commencement

I1

Reg. 4 in force at 21.10.2020, see reg. 1