Wireless Telegraphy Act 2006

Notification of proposed revocation or variationU.K.

7(1)Where OFCOM propose to revoke or vary a wireless telegraphy licence, they must give the person holding the licence a notification under this sub-paragraph—U.K.

(a)stating the reasons for the proposed revocation or variation; and

(b)specifying the period during which the person notified has an opportunity [F1to make representations about the proposal].

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(3)The period for making representations—

(a) if the proposal is the result of a contravention of a term, provision or limitation of a licence, is such period as OFCOM may specify; and

(b)in any other case, must be the period of [F430 days] beginning with the day after the one on which the notification was given (but this is subject to sub-paragraphs (4) to (6)).]

(4)OFCOM may, if they think fit, allow a longer period for doing those things—

(a)by specifying a longer period in the notification; or

(b)by subsequently, on one or more occasions, extending the specified period.

(5)The person notified has a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

(6)The person notified also has a shorter period if—

(a)OFCOM have reasonable grounds for believing that the case is urgent F5...;

(b)they have determined that, in the circumstances, a shorter period would be appropriate; and

(c)the shorter period has been specified in the notification.

(7)A case is urgent if the failure to revoke or vary the licence will result in, or create an immediate risk of—

(a)a serious threat to the safety of the public, to public health or to national security; or

(b)serious economic or operational problems for persons, other than the person in contravention, who—

(i)use wireless telegraphy stations or wireless telegraphy apparatus; or

(ii)are communications providers or make associated facilities available.

F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where OFCOM have given a notification under sub-paragraph (1), they must, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification—

(a)decide whether or not to revoke or vary the licence in accordance with their proposal, or in accordance with that proposal but with modifications; F8...

(b)give the person holding the licence a notification of their decision.;[F9and

(c)in the case of a variation of a wireless telegraphy licence extending the duration of the licence, publish the notification and the reasons for the decision.]

(11)The notification under sub-paragraph (10)—

(a)must be given no more than one week after the making of the decision to which it relates; F10...

[F11(aa)must give reasons for the decision; and]

(b)must, in accordance with that decision, either revoke or vary the licence or withdraw the proposal for a revocation or variation.

(12)Nothing in this paragraph applies to a proposal to revoke or vary a licence if the proposal is made at the request or with the consent of the holder of the licence[F12(but OFCOM must, where a proposal is made by or with the consent of the holder of the licence to vary a wireless telegraphy licence in order to extend the duration of the licence, publish the notification of their decision and the reasons for it)].

F13(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .