12 Modification of licence conditions by agreement.U.K.
(1)Subject to the following provisions of this section, the Director may modify the conditions of a licence granted under section 7 above.
(2)Before making modifications under this section, the Director shall give notice—
(a)stating that he proposes to make the modifications and setting out their effect;
(b)stating the reasons why he proposes to make the modifications; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(3)A notice under subsection (2) above shall be given by publication in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them and, in the case of a licence granted to a particular person, by sending a copy of the notice to that person.
(4)In the case of a licence granted to a particular person, the Director shall not make the modifications except with the consent of that person; and, in the case of a licence granted to all persons or to persons of a class, the Director shall not make the modifications unless either—
(a)no representations or objections are duly made by persons authorised by that licence to run telecommunication systems; or
(b)any representations or objections duly made by such persons are withdrawn.
(5)The Director shall also send a copy of a notice under subsection (2) above to the Secretary of State; and if, within the time specified in the notice, the Secretary of State directs the Director not to make any modification, the Director shall comply with the direction.
(6)The Secretary of State shall not give a direction under subsection (5) above unless—
(a)it appears to him that the modification should be made, if at all, under section 15 below; or
(b)it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom.
(7)References in this section and in sections 13 to 15 below to modifications of the conditions of a licence do not include references to modifications of conditions relating to the application of the telecommunications code.
Modifications etc. (not altering text)
C1Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1