The Communications (Isle of Man) Order 2003

15.  In section 169—

(a) for subsection (1) substitute—

“(1) In the Wireless Telegraphy Act 1949 (c. 54), after section 1 (licensing of wireless telegraphy) insert—”;

(b) before the substituted section 1E of the Wireless telegraphy Act 1949 insert—

“Procedures for the grant of licences providing a telecommunications service

1D.— (1) An application for the grant of a wireless telegraphy licence shall be determined in accordance with procedures prescribed in regulations made by OFCOM.

(2) The procedures must include provision for 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.

(3) The time limits fixed for the purposes of subsection (2) in relation to any application made after the coming into force of this subsection must require a decision on the application to be made, notified to the applicant and published—

(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and

(b) in any other case, as soon as possible after the receipt of the application.

(4) The period of six weeks specified in subsection (3)(a) may be extended by OFCOM where it appears to them necessary to do so—

(a) for the purpose of enabling the requirements of any international agreement relating to frequencies or to orbital positions or to satellite Co-ordination to be complied with; or

(b) in a case where a determination falls to be made as to which of a number of applicants is the more or most suitable to be licensed, for the purpose of securing that the procedure for the making of that determination is fair, reasonable, open and transparent.

(5) That period shall not be extended by virtue of subsection (4)(b) by more than eight months.

(6) Where the person applying for a licence fails to provide any information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with the terms, provisions and limitations in the licence OFCOM may refuse to grant the licence.

(7) Where OFCOM propose to refuse a licence they shall give to the person applying for the licence the reasons for the proposed refusal and shall specify a period of not less than one month within which representations with respect to the proposed refusal may be made.

(8) In imposing terms, provisions or limitations of a wireless telegraphy licence, OFCOM shall 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.”;

(c) omit subsection (2).