The Wireless Telegraphy (Licence Charges) Regulations 2005

Licence charges and time of payment

4.—(1) Subject to paragraphs (2) to (10) and to regulations 5 and 6, 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 (“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 specified in; or

(d)the variable sum determined in accordance with the provisions of,

that Schedule.

(2) Except for the classes of licence listed under the heading “Programme Making and Special Events” in Schedule 2, where a licence is issued for a period less than a year, the sum payable shall be such sum as represents one-twelfth of the prescribed sum multiplied by the number of complete and part-complete months to the expiry of the licence.

(3) The sum payable in accordance with paragraph (2) shall not be less than £20, and where such sum represents a fraction of a whole pound sterling then such sum shall be rounded up to the nearest pound sterling.

(4) Paragraph (2) shall only apply to a licence in respect of which the fee otherwise payable for such licence is greater than £75 per annum.

(5) Paragraph (7) shall apply to a licensee where—

(a)a prescribed sum is payable by that licensee in respect of a licence under paragraph (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 “Fixed Links” in Schedule 2;

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

(iv)the classes listed under the heading “Satellite Services” in Schedule 2; or

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

(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.

(6) Paragraph (7) shall also apply to a licensee where—

(a)prescribed sums are payable by that licensee under paragraph (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 (5)(b);

(b)each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (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 are in excess of £100,000.

(7) 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 (5) or equal to the total of the prescribed sums referred to in paragraph (6)(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).

(8) Where at any time the licensee fails to make payment in accordance with paragraph (7), the total of the outstanding instalment payments shall become immediately due for payment.

(9) 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 8(5) of the 2004 Regulations.

(10) For any licence issued in order to effect a transfer under the 2004 Regulations, the prescribed payment interval shall be treated 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.