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The Electronic Communications and Wireless Telegraphy Regulations 2011

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This is the original version (as it was originally made).

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16.  In Schedule 1 (procedure for wireless telegraphy licences)—

(a)at the end of paragraph 1 insert—

“(3) The procedures must be—

(a)open (except where sub-paragraph (4) applies);

(b)objective;

(c)transparent;

(d)not such as to discriminate unduly against particular persons or against a particular description of persons; and

(e)proportionate to what they are intended to achieve.

(4) The requirement for a procedure to be open does not apply if—

(a)the procedure relates to licences for frequencies for the broadcasting of television and radio programmes, and

(b)OFCOM think that, in order to ensure the fulfilment of a general interest objective (within the meaning given by section 8B(3)), the procedure should not be open.”,

(b)after paragraph 6 insert—

“6A.  OFCOM may not revoke or vary a wireless telegraphy licence unless the proposed revocation or variation is objectively justifiable.”,

(c)in paragraph 7(1)(b) for “to do the things specified in sub-paragraph (2)” substitute “to make representations about the proposal”,

(d)omit paragraph 7(2),

(e)for paragraph 7(3) substitute—

“(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 one month beginning with the day after the one on which the notification was given (but this is subject to sub-paragraphs (4) to (6)).”,

(f)in paragraph 7(6)(a) omit “or a case of serious and repeated contravention”,

(g)omit paragraph 7(8), (9) and (13),

(h)in paragraph 7(10)—

(i)at the end of paragraph (a) omit “and”, and

(ii)at the end of paragraph (b) insert—

“; and

(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.”,

(i)after paragraph 7(11)(a) omit “and” and insert—

“(aa)must give reasons for the decision; and”, and

(j)at the end of paragraph 7(12), insert “(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)”.

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