Wireless Telegraphy Act 2006

9 Terms, provisions and limitations U.K.

(1) A wireless telegraphy licence may be granted subject to such terms, provisions and limitations as OFCOM think fit.

[F1 (1A) But a licence in relation to the establishment, installation or use of wireless telegraphy stations or wireless telegraphy apparatus for the provision of an electronic communications network or electronic communications service may not be made subject to a term, provision or limitation unless the term, provision or limitation is of a kind falling within Part B of the Annex to Directive 2002/20/ EC of the European Parliament and of the Council. ]

(2) In the case of a licence to establish a station, the limitations may, in particular, include limitations as to—

(a) the position and nature of the station;

(b) the purpose for which, the circumstances in which and the persons by whom the station may be used;

(c) the apparatus that may be installed or used in the station.

(3) In the case of any other licence, the limitations may, in particular, include limitations as to—

(a) the apparatus that may be installed or used;

(b) the places where, the purposes for which, the circumstances in which and the persons by whom the apparatus may be used.

(4) The terms, provisions and limitations may also include, in particular—

(a) terms, provisions and limitations as to strength or type of signal, as to times of use and as to the sharing of frequencies;

(b) terms, provisions or limitations imposing prohibitions on the transmission or broadcasting of particular matters by the holder of the licence;

(c) terms or provisions requiring the transmission or broadcasting of particular matters by that person.

[F2 (d) terms, provisions or limitations requiring a satellite uplinker to suspend or cease uplinking, by means of satellite uplink apparatus, a service named by OFCOM in a notice given to the satellite uplinker under section 9A;

(e) terms or provisions requiring a satellite uplinker to provide OFCOMwith such information necessary for the purpose of determining whether section 9A applies in relation to a service uplinked by the satellite uplinker or for any purpose connected with the giving of a notice under section 9A as OFCOM may request by a notice in writing. ]

(5) A wireless telegraphy licence may be granted—

(a) in relation to a particular station or particular apparatus; or

(b) in relation to any station or apparatus falling within a description specified in the licence;

and such a description may be expressed by reference to such factors (including factors confined to the manner in which it is established, installed or used) as OFCOM think fit.

(6) The terms, provisions and limitations of a wireless telegraphy licence granted to a person must not duplicate obligations already imposed on him by general conditions set under section 45 of the Communications Act 2003 (c. 21) (power of OFCOM to set conditions in relation to electronic communications networks and services).

(7) In imposing terms, provisions or limitations on a wireless telegraphy licence, OFCOM may impose only those that they are satisfied are—

(a) objectively justifiable in relation to the networks and services 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.

(8) This section has effect subject to[F3 section 9ZA and to] regulations under section 14.

Textual Amendments

F1 S. 9(1A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 6(a) (with Sch. 3 para. 2)

F2 S. 9(4)(d)(e) inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 13(2)

F3 Words in s. 9(8) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 6(b) (with Sch. 3 para. 2)