Citation, commencement and extent

1.—(1) These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007 and shall come into force on 8th March 2007.

(2) These Regulations shall not extend to the Channel Islands or the Isle of Man.

Interpretation

2.  In these Regulations—

(a)“A” means the relevant restricted area specified in square kilometres;

(b)“authorised user” means a person whose use of a wireless telegraphy station or wireless telegraphy apparatus is in accordance with, or provision made under, the Act;

(c)“GHz” means gigahertz;

(d)“MHz” means megahertz;

(e)“N” means, in respect of a frequency band specified in Part 1 or Part 2 of the Schedule, the difference between the highest and lowest frequencies expressed in megahertz, specified for that band; and

(f)“relevant restricted area” means the area within a circle whose centre and radius are specified in the grant of recognised spectrum access.

Time of Payment

3.  There shall be paid to OFCOM—

(a)on the making of a grant of recognised spectrum access; and

(b)on the last day of each period of twelve months following the grant while the grant remains in force,

the sum specified in these Regulations.

Charges for grants in respect of Part 1 frequency bands

4.—(1) In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 1 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being no other authorised users in the relevant restricted area, the sum shall be the higher of—

(a)£500; and

(b)£0.51NA.

(2) In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 1 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being a limited number of other authorised users in the relevant restricted area, the sum shall be the higher of—

(a)£500; and

(b)£0.0255NA.

Charges for grants in respect of Part 2 frequency bands

5.  In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 2 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being no other authorised users in the relevant restricted area, the sum shall be the higher of—

(a)£500; and

(b)£1.65NA.

Charges for grants in respect of Part 3 frequency band

6.  In the case of a grant of recognised spectrum access in respect of the use of the frequency band specified in Part 3 of the Schedule the sum shall be £22,500.

Charges for grants in respect of Part 4 frequency bands

7.  In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 4 of the Schedule the sum shall be £500.

Regulations 4 to 7

SCHEDULEFREQUENCY BANDS

PART 1FIXED SERVICE BANDS

PART 2MOBILE SERVICE BANDS

PART 3BROADCASTING SERVICE BAND

PART 4FIXED SUM BANDS

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made by the Office of Communications (“OFCOM”) under sections 21 and 22(2) of the Wireless Telegraphy Act 2006 (c.36) (“the Act”) and having had regard to section 3 of the Act.

These Regulations provide for sums to be paid to OFCOM in respect of grants of recognised spectrum access grants made under section 18 of the Act. Regulation 3 makes provision for the sums payable to OFCOM as specified in, or determined in accordance with the provisions of these Regulations; and when such sums are payable. Regulations 4 to 7 set out the sum payable, or the calculations required to determine the sum payable, to OFCOM for grants of recognised spectrum access in respect of the frequency bands specified in the Schedule to these Regulations.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on OFCOM’s website at www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.