Telecommunications Act 1984

7 Power to license systems. U.K.

(1) A licence may be granted—

(a) by the Secretary of State after consultation with the Director; or

(b) with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Director,

for the running of any such telecommunication system as is specified in the licence or is of a description so specified.

(2) A licence granted under this section shall be in writing and, unless previously revoked in accordance with any term in that behalf contained in the licence, shall continue in force for such period as may be specified in or determined by or under the licence.

(3) A licence granted under this section may be granted either to all persons, to persons of a class or to a particular person.

(4) A licence granted under this section may authorise—

(a) the connection to any telecommunication system to which the licence relates of—

(i) any other telecommunication system specified in the licence or of a description so specified; and

(ii) any apparatus so specified or of a description so specified; and

(b) the provision by means of any telecommunication system to which the licence relates of any telecommunication services specified in the licence or of a description so specified.

(5) A licence granted under this section may include—

(a) such conditions (whether relating to the running of a telecommunication system to which the licence relates or otherwise) as appear to the Secretary of State or the Director to be requisite or expedient having regard to the duties imposed on him by section 3 above;

(b) conditions requiring the rendering to the Secretary of State of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; and

(c) conditions requiring any person who is authorised by the licence to run a telecommunication system to furnish to the Director, in such manner and at such times as he may reasonably require, such documents, accounts, estimates, returns or other information as he may require for the purpose of exercising the functions assigned or transferred to him by or under this Part or Part III of this Act.

(6) Without prejudice to the generality of paragraph (a) of subsection (5) above, conditions included by virtue of that paragraph in a licence granted under this section to a particular person may require that person—

(a) to comply with any direction given by the Director as to such matters as are specified in the licence or are of a description so specified;

(b) except in so far as the Director consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified; and

(c) to refer for determination by the Director such questions arising under the licence as are specified in the licence or are of a description so specified.

(7) A licence granted under this section otherwise than to a particular person shall be published in such manner as the Secretary of State or the Director considers appropriate for bringing it to the attention of the persons for whose benefit it will enure.

(8) A copy of every licence granted under this section by the Secretary of State shall be sent to the Director.

(9) Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

(10) Neither the requirement to consult with the Director imposed by subsection (1)(a) above nor sections 8(5) and 10(6) below shall apply to the granting by the Secretary of State of the licence or licences which, having regard to the provisions of this Act, require to be granted (whether to British Telecommunications or to any other person) before the appointed day.

[F1 (10A) Before the Secretary of State or the Director decides whether to grant or revoke a licence under this section which authorises the running of a telecommunication system to which subsection (10B) below applies, he shall consult with the [F2 Independent Television Commission]

(10B) A telecommunication system is one to which this subsection applies if—

(a) any person proposes to provide or is providing, by means of the system, a [F3 local delivery service (within the meaning of Part II of the Broadcasting Act 1990)]; and

(b) notice of that fact has been given to the Secretary of State or the Director.]

(11) Where a licence granted under this section to a particular person includes a provision requiring that person to run any telecommunication system to which the licence relates through the agency of some other person, that other person, as well as the first mentioned person, shall be taken for the purposes of this section and the following provisions of this Part to be authorised by that licence to run that system.

Textual Amendments

F1 S. 7(10A)(10B) inserted by Cable and Broadcasting Act 1984 (c.46, SIF 96), s. 57(1), Sch. 5 para. 45(1), the amendment being continued by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(4), Sch. 22 para. 4

F2 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6),203(1), Sch. 20 para. 38(2)(a)

F3 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6),203(1), Sch. 20 para. 38(2)(b)

Modifications etc. (not altering text)

C1 Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

S. 7 modified (7.1.1997) by S.I. 1996/3151, reg. 4(1)(2)