(1)Having regard to the desirability of promoting the optimal use of the electromagnetic spectrum, OFCOM may by regulations provide that, in such cases as may be specified in the regulations, applications for wireless telegraphy licences must be made in accordance with a procedure that involves the making by the applicant of a bid specifying an amount that he is willing to pay to OFCOM in respect of the licence.
(2)The regulations may make provision with respect to—
(a)the grant of the licences to which they apply; and
(b)the terms, provisions and limitations subject to which such licences are granted.
(3)The regulations may, in particular—
(a)require the applicant's bid to specify the amount he is willing to pay;
(b)require that amount to be expressed—
(i)as a cash sum;
(ii)as a sum determined by reference to a variable (such as income attributable wholly or in part to the holding of the licence);
(iii)as a combination of the two; or
(iv)(at the applicant's choice) in any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;
(c)require that amount to be expressed in terms of—
(i)the making of a single payment;
(ii)the making of periodic payments;
(iii)a combination of the two; or
(iv)(at the applicant's choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;
(d)specify requirements (for example, technical or financial requirements, requirements relating to fitness to hold the licence and requirements intended to restrict the holding of two or more wireless telegraphy licences by any one person) which must be met by applicants for a licence;
(e)require an applicant to pay a deposit to OFCOM;
(f)specify circumstances in which a deposit is, or is not, to be refundable;
(g)specify matters to be taken into account by OFCOM (in addition to the bids made in accordance with the procedure provided for in the regulations) in deciding whether, or to whom, to grant a licence;
(h)specify the other terms, provisions and limitations subject to which a licence to which the regulations apply is to be granted [F1(but this is subject to subsection (3A))];
(i)make any provision referred to in section 12(3).
[F2(3A) If a provision of section 8B F3... or 9ZA would prevent OFCOM from specifying a term, provision or limitation on the grant of a wireless telegraphy licence, regulations may not specify the term, provision or limitation.
(3B) OFCOM must satisfy themselves, in making regulations specifying criteria to be taken into account in deciding whether, or to whom, to grant a licence, that the criteria are—
(a)objectively justifiable in relation to the frequencies or uses to which they relate,
(b)not such as to discriminate unduly against particular persons or against a particular description of persons,
(c)proportionate to what they are intended to achieve, and
(d)in relation to what they are intended to achieve, transparent.]
[F4(3C)In exercising their power to make regulations under this section, OFCOM must consider whether, if they were to specify under subsection (3)(h) a term, provision or limitation requiring a specified level of use of any station, apparatus or frequency to which the licence relates, they would by doing so promote the optimal use of the electromagnetic spectrum.]
(4)Regulations do not require OFCOM to grant a wireless telegraphy licence on the completion of the procedure provided for in the regulations, except in such circumstances as may be provided for in the regulations.
(5)A wireless telegraphy licence granted in accordance with the regulations must specify—
(a)the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the licence; or
(b)the method for determining that sum or those sums;
and that sum or those sums must [F5 , subject to subsection (5A),] be paid to OFCOM by the person to whom the licence is granted in accordance with the terms of the licence.
[F6(5A)The regulations may, with the consent of the Secretary of State, make provision permitting or requiring a surrendered-spectrum licence to which the regulations apply to include—
(a) provision requiring all or part of a sum that would otherwise be payable to OFCOM under subsection (5) to be paid to a person who was or is the holder of a predecessor licence;
(b) provision requiring a sum in addition to that payable to OFCOM under subsection (5) to be paid to such a person;
(c)provision specifying any such sum or part or the method for determining it.]
(6)In determining the sum or sums payable in respect of a wireless telegraphy licence, regard may be had to bids made for other wireless telegraphy licences and for grants of recognised spectrum access.
(7)The regulations may provide that where a person—
(a)applies for a licence in accordance with a procedure provided for in the regulations, but
(b)subsequently refuses the licence applied for,
that person must make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the licence.
(8)Section 12(4) applies in relation to sums that will or may become payable under regulations under this section after the grant of a wireless telegraphy licence as it applies in relation to sums that will or may become payable under regulations under section 12.
[F7(9)In subsection (5A) “surrendered-spectrum licence” and “predecessor licence” have the meaning given by section 12(8) and (9).]
Textual Amendments
F1Words in s. 14(3)(h) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 8(a) (with Sch. 3 para. 2)
F2S. 14(3A)(3B) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 8(b) (with Sch. 3 para. 2)
F3Word in s. 14(3A) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(3)(a), Sch. 1 para. 93
F4S. 14(3C) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 84
F5Words in s. 14(5) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 38(5), 47(1)
F6S. 14(5A) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 38(6), 47(1)
F7S. 14(9) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 38(7), 47(1)