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The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010 ISBN 978-0-11-149731-9

PART 1

Citation, commencement and extent

1.  This Order may be cited as the Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010 and shall come into force 10 days after the day on which it is made.

Purpose of Directions

2.  These Directions are given for the purposes of: ensuring the release of additional electromagnetic spectrum for use by providers of next generation wireless mobile broadband, allowing early deployment and maximising the coverage of those services; creating greater investment certainty for operators; and implementation of Directive 2009/114/EC(1) and the Decision(2) on the liberalisation of frequencies in the 900MHz and 1800MHz bands.

Interpretation

3.  In this Order—

“the 800MHz band” and other such frequency bands are defined in Schedule 1;

“800MHz licence” means a licence authorising the use of frequencies in the United Kingdom in the 800MHz band to provide cellular mobile electronic communications services and “900MHz licence”, “1800MHz licence”, “2100MHz licence” and “2600MHz licence” shall be construed accordingly;

“the Act” means the Wireless Telegraphy Act 2006;

“Combined Auction” means the auction of frequencies referred to in article 7;

“completion of the Combined Auction” means the publication by OFCOM on its website at www.ofcom.org.uk of the names of the persons to whom licences have been granted pursuant to the Combined Auction;

“the Decision” means Commission Decision 2009/766/EC on the harmonisation of the 900MHz and 1800MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community;

“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003(3);

“GSM system” means an electronic communications network that complies with the GSM standards as published by the European Telecommunications Institute (“ETSI”), in particular EN 301 502 and EN 301 511 listed in Schedule 2;

“licence” means a wireless telegraphy licence;

“relevant network provider” means a provider of an electronic communications network that is capable of providing mobile telecommunications services to an area within which at least 70% of the population of the United Kingdom lives and with a 90% probability that users in outdoor locations within that area can receive the service with a sustained downlink speed of not less than 768kbps when a small number of users are simultaneously using that service in the vicinity of the user;

“rural areas” means the least populated areas of the United Kingdom which together contain 20% of the population of the United Kingdom;

“UMTS system” means an electronic communications network that complies with the UMTS standards as published by ETSI, in particular EN 301 908-1, EN 301 908-2, EN 301 908-3 and EN 301 908-11 listed in Schedule 2.

(1)

Directive 2009/114/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community OJ L 274, 20.10.2009, p. 25.

(2)

Commission Decision 2009/766/EC.

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