The Wireless Telegraphy (Licensing Procedures) Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Licensing Procedures) Regulations 2010 and shall come into force on 9^th August 2010.

Revocation

2.  The Wireless Telegraphy (Licensing Procedures) Regulations 2006(1) are hereby revoked.

Interpretation

3.  In these Regulations—

“apparatus” means wireless telegraphy apparatus;

“earth station” means a station situated either on the earth’s surface or within the earth’s atmosphere which is intended for communication with a station beyond the earth’s atmosphere;

“equipment” means a station or apparatus;

“fixed station” means a station which only transmits from a fixed location;

“licence” means a wireless telegraphy licence granted under section 8 of the Act;

“mobile station” means a station which transmits while in motion; and

“station” means a wireless telegraphy station.

Time limits for dealing with the grant of licences

4.  A decision on an application for the grant of a licence shall be made, notified to the applicant and published—

(a) in the case of any licence relating to radio frequencies allocated for particular wireless telegraphy for use in the United Kingdom Plan for Frequency Authorisation(2), 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 day of the receipt of the application.

Requirements that must be met for the grant of a licence

5.—(1) Licences shall be granted by OFCOM, either—

(a) in relation to particular equipment; or

(b) in relation to any equipment falling within the description specified in the licence and expressed by reference to such factors (including factors confined to the manner in which it is established, installed or used), as are described in the licence.

(2) An applicant for the grant of a licence (whether in respect of a station or apparatus) must complete the licence application form which is appropriate for the class of licence being applied for and must provide—

(a) the name and address of the applicant;

(b) where the duration for which the licence is required is less than twelve months, the duration; and

(c) where information is specified as being required in the Schedule to these Regulations for the class of licence concerned, that information.

(3) An applicant for the grant of a licence in respect of a station must also provide—

(a) the frequencies on which the applicant wishes to operate the station;

(b) the location of any proposed fixed station;

(c) the position of any remote control point for a fixed station;

(d) the purpose or type of service for which the proposed station is intended;

(e) the type of station proposed for use;

(f) the intended geographical range of operation;

(g) the type, position, direction, signal strength, output power and signal beam width of each antenna forming part of the proposed station;

(h) the modulation characteristics and data bit rate of—

(i) transmissions by the proposed station; and

(ii) any transmissions which are for the purpose of station recognition;

(i) the call sign desired by the applicant;

(j) information required for station site clearance in accordance with OFCOM’s Radio Site clearance process(3);

(k) in the case of an application in respect of a mobile station, an indication of whether or not the station is to be established on board—

(i) an aircraft;

(ii) a ship; or

(iii) a train; and

(l) if the application is in relation to more than one fixed station, the length and direction of proposed transmission signal paths between stations.

Particulars of the terms, provisions and limitations of licences

6.—(1) Licences are granted subject to—

(a) a limitation as to the type of equipment which is authorised;

(b) a limitation as to the circumstances of use;

(c) a term providing for the licence to commence on the date of its grant and continue in force until revoked by OFCOM or surrendered by the licensee;

(d) terms as to the circumstances in which OFCOM may revoke or vary the licence;

(e) terms providing for the manner and payment of fees;

(f) a term as to access and inspection by OFCOM of equipment;

(g) terms as to the modification or restriction in use of equipment and the circumstances in which OFCOM may require any such equipment to be temporarily closed down; and

(h) terms, provisions and limitations as to strength and type of signal.

(2) Licences are also granted subject to the other terms, provisions and limitations in the case of any particular licence which are contained in the publication Wireless Telegraphy Act Licences (Terms, Provisions and Limitations) 2010 published by OFCOM(4)

Ed Richards

Chief Executive of the Office of Communications

For and by the authority of the Office of Communications

15th July 2010