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Statutory Instruments

2009 No. 66

Electronic Communications

The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2009

Made

20th January 2009

Coming into force

13th February 2009

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by sections 12, 13(2) and 122(7) of the Wireless Telegraphy Act 2006(1), (“the Act”).

Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2009 and shall come into force on 13th February 2009.

(2) In these Regulations “the principal Regulations” means the Wireless Telegraphy (Licence Charges) Regulations 2005(2).

(3) These Regulations shall not extend to the Bailiwick of Guernsey.

Amendment of the Wireless Telegraphy (Licence Charges) Regulations 2005

2.  The principal Regulations shall be amended in accordance with the following provisions of these Regulations.

Amendment of regulation 3

3.  In regulation 3 (interpretation) in paragraph (7)—

(a)omit “a Satellite (Aircraft Earth Station) Licence,”; and

(b)omit “and a Satellite (Earth Station on board Vessel) Licence”.

Amendment of Schedule 2

4.—(1) In Schedule 2 (licence charges and payment intervals) under the heading “Satellite Services”—

(a)in relation to the licence class “Satellite (Aircraft Earth Station)” omit all of the entries in Columns 1 to 4;

(b)in relation to the licence class “Satellite (Earth Station on Board Train)” omit all of the entries in Columns 1 to 4; and

(c)in relation to the licence class “Satellite (Earth Station Network)” for the entries in Columns 1 to 4 substitute the following entries—

Satellite (Earth Station Network)£20012 months
For each terminal requiring technical coordination by Ofcom £200.

(2) In this regulation—

(a)the column headed “Class of licence” in Schedule 2 to the principal Regulations shall be designated as “Column 1”;

(b)the column headed “Fixed sums” in Schedule 2 to the principal Regulations shall be designated as “Column 2”;

(c)the column headed “Variable sums” in Schedule 2 to the principal Regulations shall be designated as “Column 3”; and

(d)the column headed “Prescribed payment interval” in Schedule 2 to the principal Regulations shall be designated as “Column 4”.

Amendment of Schedule 8

5.—(1) Schedule 8 (fees payable for satellite (permanent earth station), (transportable earth station) and (transportable very small aperture terminal) licences) shall be amended in accordance with paragraph (2).

(2) In relation to Part 2 (band factor for calculating the appropriate sum for a satellite (permanent earth station) licence)—

(a)in the first row of Column 3, for “1.54” substitute “2.33”;

(b)in the second row of Column 3 for “1.23” substitute “1.72”; and

(c)in the third row of Column 3 for “0.87” substitute “1.00”.

Ed Richards

Chief Executive Officer

For and by the authority of the Office of Communications

20th January 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2005 (S.I. 2005/1378 as amended by S.I. 2006/2894, S.I. 2007/2326, S.I. 2008/139 and S.I. 2008/ 2106).

The Regulations remove the Satellite (Aircraft Earth Station) and Satellite (Earth Station on Board Train) licence classes in the Satellite Services sector. Fees for the Satellite (Permanent Earth Station) licence class are increased.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library 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 the Houses of Parliament.