Part 2Networks, services and the radio spectrum

Chapter 2Spectrum use

General functions relating to spectrum use

156Directions with respect to the radio spectrum

(1)

The Secretary of State may by order give general or specific directions to OFCOM about the carrying out by OFCOM of their functions under the enactments relating to the management of the radio spectrum.

(2)

The directions that may be given under this section include a direction requiring OFCOM to secure that such frequencies of the electro-magnetic spectrum as may be specified in the direction are kept available or become available—

(a)

for such uses or descriptions of uses, or

(b)

for such users or descriptions of users,

as may be so specified.

(3)

The directions that may be given under this section include a direction requiring OFCOM to exercise their powers under the provisions mentioned in subsection (4)—

(a)

in such cases,

(b)

in such manner,

(c)

subject to such restrictions and constraints, and

(d)

with a view to achieving such purposes,

as may be specified in the direction or as may be determined by the Secretary of State in accordance with the order.

(4)

Those provisions are—

(a)

the proviso to section 1 of the Wireless Telegraphy Act 1949 (exemptions from requirement of wireless telegraphy licence); and

(b)

sections 1 to 3A of the Wireless Telegraphy Act 1998 (c. 6) (payments in respect of wireless telegraphy licences and grants of recognised spectrum access).

(5)

This section is not to be construed as restricting the power of the Secretary of State under section 5, without the making of an order, to give a direction for any of the purposes for the time being specified in subsection (3) of that section.