The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union)(Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement in the UK Commission Decision 2011/667/EU of 10^th October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision 626/2008/EC of the European Parliament and of the Council (OJ L265/25, 11.10.11) (“the Decision”). The Decision sets out a common enforcement regime for the “common conditions” across the EU.

These Regulations amend The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010 (“the 2010 Regulations”), which provided an enforcement regime at that time. That regime has now been superseded by the Decision.

Regulation 5 inserts new provisions (regulations 5A to 5F) into the 2010 Regulations.

Regulations 5A to 5E set out a new enforcement procedure for the enforcement of the common conditions, which requires that the European Commission be notified if there are contraventions of the common conditions in the UK. The Decision requires that there be consultations at the EU level before any enforcement action is taken in a member State.

Regulations 5B and 5C set out what penalties OFCOM may impose on the two selected operators in the event that they are found in contravention of the common conditions.

Regulation 5D sets out obligations on OFCOM in the event that OFCOM are notified of a breach being found in another Member State.

Regulation 5E sets out an enforcement regime to replace the prior regime in relation to the contravention of the information provision requirements in the Regulations.

Regulation 5F requires OFCOM to pay any monetary penalty levied by them into the Consolidated Fund.

Regulation 6 provides for the omission of regulations 6 to 9 of the 2010 Regulations, which contained the previous enforcement regime.

Regulation 7 makes a consequential amendment to regulation 10(1) of the 2010 Regulations.

Regulation 8 inserts a review clause into the 2010 Regulations. That review clause requires the Secretary of State to review the operation and effect of the amendments to the 2010 Regulations as regards the enforcement provisions and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the enforcement provisions in regulations 5A to 5F should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke those regulations or to amend them.

A transposition note and full impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Culture, Media and Sport, 2-4 Cockspur Street, London, SW1Y 5DH and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.