The Electronic Communications and Wireless Telegraphy Regulations 2011

5.  After section 8 insert—

“Review of long licences

8A.—(1) Subsection (2) applies in respect of a wireless telegraphy licence where—

(a)the licence is granted for a period of 10 years or more; and

(b)the rights and obligations under it may not be transferred to another person.

(2) OFCOM must, at such intervals as they consider appropriate, or at the reasonable request of the holder of the licence—

(a)review whether the conditions in section 8(5) are met in relation to the use of a wireless telegraphy station or wireless telegraphy apparatus under the licence, and

(b)if the conditions are met, make regulations under section 8(3) exempting the establishment, installation or use of stations or apparatus of that description from section 8(1).

(3) The first review under this section, and the making of any regulations under section 8(3) in consequence of the review, must be completed on or before 19 December 2011.

Restriction on grant of exclusive licence

8B.—(1) OFCOM may not grant an exclusive licence unless a condition in subsection (2) is met.

(2) Those conditions are—

(a)that it is necessary to grant an exclusive licence in order to protect safety of life services, or

(b)that there are other exceptional circumstances which, in OFCOM’s opinion, justify the grant of an exclusive licence in order to ensure a general interest objective.

(3) The general interest objectives are—

(a)safety of life;

(b)the promotion of social, regional or territorial cohesion;

(c)avoidance of inefficient use of frequencies;

(d)the promotion of cultural and linguistic diversity and media pluralism;

(e)fulfilment of a requirement under the ITU Radio Regulations.

(4) In subsection (3) “the ITU Radio Regulations” means the radio regulations of the International Telecommunication Union.

(5) If OFCOM grant an exclusive licence they must—

(a)at such intervals as they consider appropriate, review whether a condition in subsection (2) continues to be met, and

(b)publish the outcome of the review in such manner as they think fit.

(6) In this section and section 8C, “exclusive licence” means a wireless telegraphy licence which includes a term conferring exclusive rights on the holder to use a frequency specified in the licence (throughout the United Kingdom or in a specified part of the United Kingdom).

Consultation before grant of exclusive licence

8C.—(1) This section applies where—

(a)OFCOM propose to grant an exclusive licence, and

(b)they think that the grant of the licence would have a significant impact on a market for the use of the electromagnetic spectrum for wireless telegraphy in relation to which OFCOM have functions under the enactments relating to the management of the radio spectrum.

(2) Before granting the licence OFCOM must publish, in such manner as they think fit, notice of their intention to grant the licence.

(3) The notice must specify—

(a)OFCOM’s reasons for proposing to grant an exclusive licence, and

(b)the period within which representations may be made to OFCOM.

(4) The period specified under subsection (3)(b) may not be less than one month beginning with the day on which the notice is published.”