The Radio Spectrum (EU Exit) Regulations 2018

Amendment of the Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010

3.—(1) The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010(1) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in the definition of “common conditions”, for “Article 7(2) of the EU Decision” substitute “regulation 4(1) and (2)”.

(3) In regulation 3 (granting of authorisations to the selected applicants)—

(a) in paragraph (1), for “Article 3 of the Commission Decision” substitute “paragraph 2”;

(b) in paragraph (2), omit “in Article 3 of the Commission Decision”.

(4) In regulation 4 (conditions of an authorisation), in paragraph (1), for “the common conditions” substitute “these common conditions”.

(5) In regulation 5(2) (monitoring, reporting and information requirements), after sub-paragraph (b)—

(a) for “OFCOM shall provide the European Commission”, substitute “OFCOM may provide the European Commission”;

(b) omit “within 12 months of such contravention or action”.

(6) In regulation 5A (enforcement of the common conditions: notification)—

(a) for paragraph (3) substitute—

“(3) OFCOM may notify the European Commission of a notification made under paragraph (2).”;

(b) omit paragraph (5).

(7) In regulation 5B (enforcement of the common conditions: penalties)—

(a) in paragraph (1), omit “Following the completion of the procedure set out in Article 3(2) and (3) of the 2011 Commission Decision,”;

(b) in paragraph (2)—

(i) after sub-paragraph (a), insert “and”;

(ii) in sub-paragraph (b), for “decision; and” substitute “decision.”;

(iii) omit sub-paragraph (c).

(c) after paragraph (2), insert a new paragraph—

“(2A) OFCOM may notify the European Commission of a notification made under paragraph (2).”.

(8) In regulation 5C (enforcement of the common conditions: revocation of authorisation)—

(a) in paragraph (1) omit, “Subject to paragraphs (2) and (3)”;

(b) in paragraph (2), for “they must” substitute “they may”;

(c) omit paragraph (3);

(d) in paragraph (4)—

(i) after sub-paragraph (a), insert “and”;

(ii) in sub-paragraph (b), for “authorisation; and” substitute “authorisation.”;

(iii) omit sub-paragraph (c).

(e) after paragraph (4), insert a new paragraph (5)—

“(5) OFCOM may notify the European Commission of a notification made under paragraph (4).”.

(9) Omit regulation 5D (enforcement of the common conditions; notification by another member state).

(10) In regulation 13 (complementary ground components)—

(a) omit paragraph (1);

(b) in paragraph (2)—

(i) omit “in particular”;

(ii) for “that Act” substitute “the Wireless Telegraphy Act 2006”;

(iii) for “Article 8(3) of the EU Decision” substitute “paragraph (4)”;

(iv) after paragraph (3), insert a new paragraph—

“(4) In this regulation “common conditions” means—

(a) selected applicants must use the assigned radio spectrum for the provision of complementary ground components of mobile satellite systems;

(b) complementary ground components must constitute an integral part of a mobile satellite system and must be controlled by the satellite resource and network management mechanism; they must use the same direction of transmission and the same portions of frequency bands as the associated satellite components and must not increase the spectrum requirement of the associated mobile satellite system;

(c) independent operation of complementary ground components in case of failure of the satellite component of the associate mobile satellite system must not exceed 18 months;

(d) rights of use and authorisations must be granted for a period of time ending no later than the expiry of the authorisation of the associated mobile satellite system.”.

(11) In regulation 14 (review of the regulations), omit paragraph (2).

(1)

S.I. 2010/672; amended by S.I. 2013/174. These Regulations, which were made under section 2(2) of the European Communities Act 1972 (c.68), continue to have effect on and after exit day by virtue of section 2(1) of the Act.