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Part IU.K.

Modifications etc. (not altering text)

C1Pt. I (ss. 1-8) excluded (23.6.1999) by S.I. 1999/1736, art. 7(1)

Regulation of Wireless Telegraphy U.K.

Modifications etc. (not altering text)

C2Power to exclude Part I conferred by S.I. 1965/1536, art. 7(c)

[F11D Procedures for the grant of licences providing a telecommunications serviceU.K.

(1)This section and [F2sections 1E and 1F]apply to wireless telegraphy licences which—

(a)authorise the establishment or use of any station, or the installation or use of any apparatus, for wireless telegraphy for the purpose of providing a telecommunications service involving the conveyance of signals by wireless telegraphy; and

(b)are not television licences or licences to broadcast programmes for general reception.

(2)In subsection (1) “telecommunications service” means a service falling within paragraph (a) of the definition of “telecommunication service” in section 4(3) of the M1Telecommunications Act 1984.

(3)An application for the grant of a licence shall be determined in accordance with procedures established by the Secretary of State, details of which shall be set out in a notice given by him.

(4)The procedures specified under subsection (3) shall include time-limits for dealing with the grant of licences, requirements which must be met for the grant of a licence, and particulars of the terms, provisions and limitations to which licences which may be issued are to be subject.

(5)Where the person applying for a licence fails to provide any information which the Secretary of State reasonably requires in order to satisfy himself that the applicant is able to comply with the terms, provisions and limitations in the licence the Secretary of State may refuse to grant the licence.

(6)Where the Secretary of State proposes to refuse a licence he shall give to the person applying for the licence the reasons for the proposed refusal and shall specify a period of not less than 28 days within which representations with respect to the proposed refusal may be made.

(7)The Secretary of State shall give a notice of any proposals that he may have to limit the number of licences that he grants, for the purpose of ensuring the efficient use and management of the electro-magnetic spectrum.

(8)A notice under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of those likely to be affected by them, and a reference to such notice shall also be published in the London, Edinburgh and Belfast Gazettes.

(9)In granting a licence and in determining any terms, provisions or limitations that a licence which may be issued is to be subject the Secretary of State shall ensure that the requirements of Articles 7 (scope) and 8 (conditions) of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications services are complied with.]

Textual Amendments

F1S. 1D inserted (31.12.1997) by S.I.1997/2930, regs. 1, 4(1)(2).

F2Words in s. 1D(1) substituted (20.12.1999) by S.I. 1999/3180, reg. 4(2)

Marginal Citations