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The Wireless Telegraphy (Public Fixed Wireless Access Licences) Regulations 2002

S.I. 2002/1911 · Made 22 July 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TELEGRAPHS

Made 22nd July 2002

Laid before Parliament 22nd July 2002

Coming into force 12th August 2002

Whereas the Secretary of State has published in the London, Edinburgh and Belfast Gazettes the notice required by section 6(2) of the Wireless Telegraphy Act 1998 (“the 1998 Act”)f1 and no representations were made to her within the time specified in that notice;

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 3 and 6 of the 1998 Actf2 and of all other powers enabling her in that behalf, hereby makes the following Regulations—

Annotations to the whole text

Footnotes

f1

1998 c. 6.

f2

Section 3 and 6 of the 1998 Act were extended to Jersey by S.I. 1998/1512, to Guernsey by S.I. 1998/1511, and to the Isle of Man by S.I. 1999/1510.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Application of the Regulations
  4. 4Notice
  5. 5Refunds
  6. 6Channel Islands and Isle of Man
  7. Signature
  8. Schedule
  9. ITHE REGIONS
  10. IITHE FREQUENCEIS FOR EACH OF THE LICENCES IN EACH OF THE REGIONS SPECIFIED IN PART I
  11. Explanatory note

1Citation and commencement

These Regulations may be cited as the Wireless Telegraphy (Public Fixed Wireless Access Licences) Regulations 2002 and shall come into force on 12th August 2002.

2Interpretation

In these Regulations—

  • “the licences” means, in respect of each region of the United Kingdom as designated in the first column of Part I of the Schedule hereto and described by reference to the postcode areas and part areas (hereinafter referred to as “sectors”) specified in the second column thereof, the wireless telegraphy licences specified in the third column thereof being licences to establish or use radio transmitting and receiving stations or install or use apparatus for Public Fixed Wireless Access at the frequencies specified in relation to each licence in Part II of the Schedule hereto and to be granted subject to the terms, provisions and limitations specified in a notice issued pursuant to regulation 4;

  • “Public Fixed Wireless Access” means the provision by means of a wireless communications system of wireless communications links over which data may be transmitted and received on demand and whereby end-users gain access to other telecommunication systems;

  • “Radiocommunications Agency’s Internet Website” means the Radiocommunications Agency’s website located at www.radio.gov.uk on the Internet;

  • “telecommunication system” has the same meaning as in section 4(1) of the Telecommunications Act 1984f1; and

  • “wireless telegraphy licence” means any licence granted under the Wireless Telegraphy Act 1949f2 other than a television licence as defined in section 1(7) of that Act.

3Application of the Regulations

These Regulations shall have effect in relation to applications for, procedures for the grant of, and the provision of refunds of fees payable in accordance with the terms of, the licences.

4Notice

(1)

Applications for the grant of the licences shall only be made in accordance with a procedure which is set out in a notice issued by the Secretary of State under these Regulations.

(2)

A notice issued pursuant to paragraph (1) shall—

(a)

invite any body corporate to make an application to the Secretary of State to bid for a licence, in accordance with a specified procedure;

(b)

specify criteria by which the Secretary of State shall determine whether an applicant is qualified to participate in a bidding procedure;

(c)

specify criteria to determine whether a qualified applicant is associated with one or more other qualified applicants;

(d)

specify criteria to determine whether any qualified applicants who fall within sub-paragraph (c) above shall be entitled to participate in the procedure referred to in sub-paragraph (e) below;

(e)

specify a procedure by which qualified applicants may submit bids for licences;

(f)

specify reserve prices for each of the licences;

(g)

provide for the Secretary of State to determine minimum bids for each of the licences during the bidding procedure referred to in sub-paragraph (e) above;

(h)

provide for the payment of a deposit on submission of an application and for payment of one or more additional deposits before a qualified applicant may submit a bid for each licence;

(i)

provide for the payment of interest on the deposit and on any additional deposits;

(j)

provide for the circumstances in which all, or part, of any deposit, and all, or part, of any interest which accrues to a deposit, is not to be refunded;

(k)

specify the conditions which must be satisfied before a licence may be issued to a qualified applicant who submits the highest valid bid for a licence;

(l)

provide for a qualified applicant who submits the highest valid bid for a licence to pay such sum on such date as shall be specified in or determined under the said notice;

(m)

provide for the qualified applicant referred to in sub-paragraph (l) above to have the option to renew the licence for two successive periods of five years on such terms as shall be specified in or determined under the said notice;

(n)

provide for the other terms, provisions and limitations subject to which each of the licences is to be issued; and

(o)

provide for the other conditions with which qualified applicants must comply to participate, or to continue to participate, in the procedures referred to in sub-paragraph (e) above.

(3)

A notice which is issued pursuant to paragraph (1) above shall be published by the Secretary of State on the Radiocommunications Agency’s Internet Website.

5Refunds

The Secretary of State may, in such cases as she thinks fit, refund, in whole or in part, sums which have been paid to her in accordance with any provision of the licences.

6Channel Islands and Isle of Man

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

Signature

Stephen Timms

Minister of State for E-Commerce and Competitiveness,

Department of Trade and Industry

22nd July 2002

ITHE REGIONS

DesignationRegion of the United KingdomLicences available
Metropolitan Regions
Central ScotlandEH1EH19EH51G12G46G77PA3One
EH2EH20EH52G13G51G78PA4
EH3EH21EH53G14G52G81PA5
EH4EH22EH54G15G53G82PA6
EH5EH23EH55G20G60KY3PA7
EH6EH24FK1G21G61KY4PA8
EH7EH25FK2G22G62KY11PA9
EH8EH26FK3G23G64KY12PA10
EH9EH27FK4G31G65ML1PA11
EH10EH28FK5G32G66ML2PA15
EH11EH29FK6G33G67ML3PA16
EH12EH30FK10G34G68ML4PA19
EH13EH33G1G40G69ML5G76
EH14EH34G2G41G71ML6PA14
EH15EH35G3G42G72ML7
EH16EH47G4G43G73ML9
EH17EH48G5G44G74PA1
EH18EH49G11G45G75PA2
Greater LondonAreasALKTSWCRIGTWSM
BRNWUBDANWCHA
ESEWECSLWDEN
SectorsCM12GU1GU15GU23HP6HP15ME1One
CM13GU2GU16GU24HP7LU1ME2
CM14GU4GU17GU25HP8LU2ME3
RM9CM15GU9GU18GU46HP9LU3ME4
RM10CM16GU11GU19GU47HP10LU4ME5
RM11CM18GU12GU20HP1HP11LU5ME6
RM12CM19GU13GU21HP2HP12RH1ME7
RM13CM20GU14GU22HP3HP13RH2ME8
RM14RG1RG30RM1SS0TN13RH3ME14
RM15RG2RG31RM2SS1TN14RH4ME15
RM16RG4RG40RM3SS2TN15RH8ME16
RM17RG5RG41RM5SS6TN16RH9ME19
RM18RG6RG42RM6SS7SS11SS14ME20
RM19RG10RG45RM7SS8SS12SS15SS17
RM20RG12RM8SS9SS13SS16
MidlandsB1B23B46B78CV13DY5NG8WS11One
B2B24B47B79DE1DY6NG9WS12
B3B25B48B90DE3DY8NG10WS13
B4B26B60B91DE5LE3NG11WS14
B5B27B61B92DE7LE4NG15WV1
B6B28B62B93DE11LE5NG16WV2
B7B29B63B94DE12LE6NG17WV3
B8B30B64B97DE14LE9NG18WV4
B9B31B65B98DE15LE11NG19WV5
B10B32B66CV1DE21LE12ST19WV6
B11B33B67CV2DE22LE18WS1WV7
B12B34B68CV3DE23LE65WS2WV8
B13B35B69CV4DE24LE67WS3WV9
B14B36B70CV5DE72NG1WS4WV10
B15B37B71CV6DE74NG2WS5WV11
B16B38B72CV7DE75NG3WS6WV12
B17B40B73CV9DY1NG4WS7WV13
B18B42B74CV10DY2NG5WS8WV14
B19B43B75CV11DY3NG6WS9LE1
B20B44B76CV12DY4NG7WS10LE2
B21B45B77
NorthernAreasLMOLWFWN
SectorsDN1LS1PR1S32CH1SK7WF15One
DN2LS2PR2S33CH2SK8WF16
DN3LS3PR4S35CH4SK9WF17
DN4LS4PR5S36CH41SK10BB1
DN5LS5PR6S40CH42SK12BB2
DN6LS6PR7S41CH43SK13BB3
BD16DN11LS7PR8S60CH44SK14BB4
BD17FY1LS8PR9S61CH45SK15BB5
BD18FY2LS9S1S62CH46SK16BB6
BD19FY3LS10S2S63CH47SK22BB8
BD20FY4LS11S3S64CH48SK23BB9
BD21FY5LS12S4S65CH49WA1BB10
BD22FY7LS13S5S66CH60WA2BB11
BL0FY8LS14S6S70CH61WA3BB12
BL1HD1LS15S7S71CH62WA4BB18
BL2HD2LS16S8S72CH63WA5BD1
BL3HD3LS17S9S73CH65WA6BD2
BL4HD4LS18S10S74CH66WA7BD3
BL5HD5LS19S11S75BD11WA8BD4
BL6HD6LS20S12SK1BD12WA9BD5
BL7HD7LS26S13SK2BD13WA10BD6
BL8HD8LS27S14SK3BD14WA11BD7
BL9HX1LS28S17SK4BD15WA12BD8
HX5HX2LS29S18SK5DN12WA13BD9
HX6HX3S26S20SK6WA15WA14BD10
HX7HX4S25
SevernsideBS1BS6BS11BS20BS31CF10CF24NP10One
BS2BS7BS13BS21BS32CF11CF38NP18
BS3BS8BS14BS22BS34CF14CF62NP19
BS4BS9BS15BS23CF3CF15CF63NP20
BS5BS10BS16BS30CF5CF23CF64NP26
South CoastBN9BN41PO8PO19SO18SO52BH9BH23One
BN10BN42PO9PO20SO19SO53BH10BH24
BN11BN43PO10PO21SO30BH1BH11BH25
BN12PO1PO11PO22SO31BH2BH12BN1
BN13PO2PO12RH15SO40BH3BH13BN2
BN14PO3PO13RH16SO41BH4BH14BN3
BN15PO4PO14SO14SO42BH5BH15BN6
BN16PO5PO15SO15SO43BH6BH17BN7
BN17PO6PO16SO16SO45BH7BH18BN8
BN18PO7PO18SO17SO50BH8BH22PO30
PO33PO35PO39PO31PO32PO40PO41
PO34PO36
PO37
PO38
Tyne-TeesDH1DL5NE7NE23NE34SR1TS4TS19One
DH2DL14NE8NE24NE35SR2TS5TS20
DH3DL15NE9NE25NE36SR3TS6TS21
DH4DL16NE10NE26NE37SR4TS7TS22
DH5DL17NE11NE27NE38SR5TS8TS23
DH6NE1NE12NE28NE39SR6TS10TS24
DH7NE2NE15NE29NE40SR7TS11TS25
DH9NE3NE16NE30NE41SR8TS12TS26
DL1NE4NE17NE31NE62TS1TS14TS27
DL3NE5NE21NE32NE63TS2TS17TS28
DL4NE6NE22NE33NE64TS3TS18TS29
TS13
Provincial Regions
Midlands and Mid WalesAreasLEWSTFBWRDEOne
NNDYSTWVCVNG
SYLDHR
Except the postcodes in the Midlands Metropolitan Region
Northern IrelandAreaBTOne
North of EnglandAreasDLCATSDHLANEOne
Except the postcodes in the Tyne-Tees Metropolitan Region
North West, Yorkshire and North WalesAreasLLSKSHUFYBBOne
CHWAYOPRDNLN
HXCWBDLSHDHGBL
Except the postcodes in the Northern Metropolitan Regions
ScotlandAreasMLTDPAKYDDHSOne
EHKAGFKABKW
PHIVZEDG
Except the postcodes in the Central Scotland Metropolitan Region
South EastAreasPEHPTNCOSGMKOne
NRLUMECMRGRM
IPOXCTCBGURH
Except the postcodes in the Greater London and South Coast Metropolitan Regions and the Southern Provincial Region
SouthernAreasDTSPPOBNOne
Except the postcodes in the South Coast Metropolitan Region
Plus SectorsRH13GU32TN22TN21TN34TN39
RH14RH17GU36TN20TN19TN35TN40
RH20GU24GU31TN37TN32TN36
GU29GU27GU28TN31TN33TN38
South West and South WalesAreasTRTASNCFNPEXOne
TQBAGLSABSPL
Except the postcodes in the Severnside Metropolitan Region

IITHE FREQUENCEIS FOR EACH OF THE LICENCES IN EACH OF THE REGIONS SPECIFIED IN PART I

3480–3500 MHz and 3580–3600 MHz

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for a procedure for the grant in each of the regions of the United Kingdom described in Part I of the Schedule by reference to their post codes of wireless telegraphy licences authorising the use of apparatus at specified frequencies for the provision by means of a wireless communications system of Public Fixed Wireless Access wireless communications links over which data may be transmitted and received on demand and whereby end users gain access to other telecommunication systems.

Regulation 4(1) provides that applications for the grant of the licences shall only be made in accordance with a procedure which is set out in a notice issued by the Secretary of State.

Regulation 4(2) provides for the matters which such notice shall contain, including: a procedure for a body corporate to make an application to participate in a bidding procedure; criteria for determining whether an applicant is qualified to participate in a bidding procedure; criteria for determining whether a qualified applicant is associated with any other qualified applicants and if so whether they may participate in a bidding procedure; provision for payment of deposits and the circumstances in which such deposits may not be refunded; procedures for submitting bids for the licences, including the determination of reserve prices and minimum bids; further conditions which, following completion of the bidding procedures, must be satisfied before a licence is issued; payment for the licences; an option to successful qualified applicants to renew the licences for two successive periods of five years; provision for other terms, provisions and limitations subject to which the licences are to be issued; and provision for the other conditions with which participants must comply to participate, or continue to participate, in the procedures specified in the notice.

Regulation 4(3) provides for publication of the notice on the Radiocommunications Agency’s Internet website.

Regulation 5 provides that the Secretary of State may, in such cases as she thinks fit, refund fees paid to her for one or more of the licences.