The Wireless Telegraphy (Licence Charges) Regulations 1995

Interpretation

3.—(1) In these Regulations—

“the Act” means the Wireless Telegraphy Act 1949;

“apparatus” means wireless telegraphy apparatus;

“base station” means a station which facilitates or controls communications between a mobile station and—

(a)

itself;

(b)

another mobile station; or

(c)

a telecommunication system which conveys messages—

(i)

otherwise than by wireless telegraphy; or

(ii)

by a fixed link,

and in this definition, “convey” and “telecommunication system” shall be construed in accordance with section 4 of the Telecommunications Act 1984(1);

“channel” means a part of the radio frequency spectrum intended to be used for a single transmission of signals, and defined by—

(a)

two specified frequency limits; or

(b)

by its centre frequency and the associated bandwidth,

or by an indication equivalent to (a) or (b);

“duplex channel” means a channel by which transmission is possible simultaneously in both directions;

“fixed link” means a connection by wireless telegraphy designed for use between not more than two fixed points;

“hub” means a single fixed site connected to more than one fixed out-station via wireless telegraphy links operating in the same frequency bands;

“licence” means a licence granted under section 1 of the Act;

“licensee” means the person to whom a licence is issued;

“list” has the meaning given by regulation 3(5);

“medium wave broadcasting band” means that part of the radio frequency spectrum between 526.5 kHz and 1606.5 kHz;

“mobile station” means a station (other than a base station) intended to be used while in motion or during halts at unspecified points;

“national channel” means a channel which—

(a)

the licensee is authorised to use throughout England and Wales (whether or not he is also authorised to use it in any other place); and

(b)

is not, at the time of issue or renewal of the licence, or at the prescribed time, as the case may be, authorised to be used by any person other than the licensee in any part of England and Wales under a licence granted under section 1 of the Act;

“predecessor licence” means a Band III Private Mobile Radio National Trunked Service Licence, a Band III Private Mobile Radio Regional Trunked Service Licence, a National Public Data Network Service Licence, a National Public Radio-telephone System Licence and a Personal Communications Network Licence;

“prescribed sum” has the meaning given by regulation 4(1);

“prescribed time” has the meaning given by regulation 4(2);

“simplex channel” means a channel by which transmission is possible alternately in each direction;

“station” means a station for wireless telegraphy; and

“VHF broadcasting band” means that part of the radio frequency spectrum between 87.5 MHz and 108.0 MHz.

(2) Where these Regulations provide for the prescribed sum to be calculated by reference to a number of any of the following things, that is to say, channels for which a particular type of use is authorised, national channels, stations, base stations, mobile stations, fixed links, links of a class, the number thereof shall be taken to be the number the use of which is authorised by the licence at the time of the issue or renewal of the licence, or the prescribed time, as the case may be.

(3) In these Regulations, a reference to a link of a class listed in the table set out in Schedule 2 means a fixed link where the frequency and the bandwidth of the channel designated in the licence for the purposes of the link are within the limits specified in relation to a link of that class in the said table.

(4) In relation to an Independent Programme Maker’s Seven Day Licence, an Independent Programme Maker’s Six Hour Licence and a Sporting and Other Public Events (Miscellaneous) Licence—

(a) “premium rate” refers to the fee to be paid in respect of the issue of such licence where both the applicant applies for the licence outside office hours, and the licence is granted outside office hours at the applicant’s request; and

(b) “ordinary rate” refers to the fee to be paid where the premium rate is not payable,

and in this paragraph, “office hours” means 09.30 to 16.30 hours from Monday to Friday other than on a day which is a bank holiday in England and Wales.

(5) In relation to a Transmission of National and Local Radio Broadcasting Services Licence, a reference to the licensee’s coverage is a reference to the total population covered by the transmitters which the licensee is authorised to use in the medium wave broadcasting band or the VHF broadcasting band (as the case may be) as specified in the list entitled “Coverage of Independent National and Local Radio Stations” (“the list”) published on 10th April 1995 by the Radiocommunications Agency of the Department of Trade and Industry, and “covered” shall be construed accordingly.

(6) In relation to a Maritime Coastal Station Licence—

(a) “channels designated for emergency use” means channels 0, 00, 67 and 73 when used solely to assist Her Majesty’s Coastguard, channels 16 and 70, and channel 10 when used solely to assist the Secretary of State with oil pollution control activities; and

(b) a reference to an international maritime channel means a channel specified in the table in Appendix 18 to the 1990 edition of the Radio Regulations (2).

(7) In relation to a Ship Radio Licence a vessel which is used solely for pleasure is a vessel—

(a) which—

(i) (aa) in the case of a vessel wholly owned by an individual or individuals is used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb) in the case of a vessel owned by a body corporate is used only for the sport or pleasure of employees and officers of the body corporate or their immediate family or friends; and

(ii) in respect of any voyage or excursion the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred in meeting the cost of the voyage or excursion, and no other payments are made by or on behalf of users of the vessel, other than by the owner; or

(b) which is wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure and which is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club, and no other payments are made by or on behalf of users of the vessel,

and in this paragraph “immediate family” means—

• in relation to an individual, the husband or wife of the individual, and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant.

(8) In relation to a Public Mobile Operator Licence and a Common Base Station Operator Licence where a fee is specified in relation to a tier it means the relevant fee for the applicable channel width at the tier level specified for the prescribed time in the table set out in Schedule 3.

(1)

1984 c. 12.

(2)

The Radio Regulations are published under the authority of the Secretary General of the International Telecommunication Union.