Wireless Telegraphy Act 2006

Licensing of wireless telegraphy

8 Licences and exemptions

(1) It is unlawful—

(a) to establish or use a wireless telegraphy station, or

(b) to instal or use wireless telegraphy apparatus,

except under and in accordance with a licence (a “wireless telegraphy licence”) granted under this section by OFCOM.

(2) Subsection (1) does not apply to—

(a) the use of a television receiver (within the meaning of Part 4 of the Communications Act 2003) for receiving a television programme; or

(b) the installation of a television receiver for use solely for that purpose.

(3) OFCOM may by regulations exempt from subsection (1) the establishment, installation or use of wireless telegraphy stations or wireless telegraphy apparatus of such classes or descriptions as may be specified in the regulations, either absolutely or subject to such terms, provisions and limitations as may be so specified.

(4) If OFCOM are satisfied that the condition in subsection (5) is satisfied as respects the use of stations or apparatus of a particular description, they must make regulations under subsection (3) exempting the establishment, installation and use of a station or apparatus of that description from subsection (1).

(5) The condition is that the use of stations or apparatus of that description is not likely to involve undue interference with wireless telegraphy.

9 Terms, provisions and limitations

(1) A wireless telegraphy licence may be granted subject to such terms, provisions and limitations as OFCOM think fit.

(2) In the case of a licence to establish a station, the limitations may, in particular, include limitations as to—

(a) the position and nature of the station;

(b) the purpose for which, the circumstances in which and the persons by whom the station may be used;

(c) the apparatus that may be installed or used in the station.

(3) In the case of any other licence, the limitations may, in particular, include limitations as to—

(a) the apparatus that may be installed or used;

(b) the places where, the purposes for which, the circumstances in which and the persons by whom the apparatus may be used.

(4) The terms, provisions and limitations may also include, in particular—

(a) terms, provisions and limitations as to strength or type of signal, as to times of use and as to the sharing of frequencies;

(b) terms, provisions or limitations imposing prohibitions on the transmission or broadcasting of particular matters by the holder of the licence;

(c) terms or provisions requiring the transmission or broadcasting of particular matters by that person.

(5) A wireless telegraphy licence may be granted—

(a) in relation to a particular station or particular apparatus; or

(b) in relation to any station or apparatus falling within a description specified in the licence;

and such a description may be expressed by reference to such factors (including factors confined to the manner in which it is established, installed or used) as OFCOM think fit.

(6) The terms, provisions and limitations of a wireless telegraphy licence granted to a person must not duplicate obligations already imposed on him by general conditions set under section 45 of the Communications Act 2003 (c. 21) (power of OFCOM to set conditions in relation to electronic communications networks and services).

(7) In imposing terms, provisions or limitations on a wireless telegraphy licence, OFCOM may impose only those that they are satisfied are—

(a) objectively justifiable in relation to the networks and services to which they relate;

(b) not such as to discriminate unduly against particular persons or against a particular description of persons;

(c) proportionate to what they are intended to achieve; and

(d) in relation to what they are intended to achieve, transparent.

(8) This section has effect subject to regulations under section 14.

10 Procedure

Schedule 1 (which makes provision about the grant, revocation and variation of wireless telegraphy licences) has effect.

11 Surrender of licence

(1) Where a wireless telegraphy licence has expired or has been revoked, it is the duty of—

(a) the person to whom the licence was granted, and

(b) any other person in whose possession or under whose control the licence may be,

to cause it to be surrendered to OFCOM if required by them to do so.

(2) Subsection (1) does not apply to a licence that relates solely to receiving apparatus.

(3) A person commits an offence if—

(a) he has a duty under subsection (1) to cause a wireless telegraphy licence to be surrendered to OFCOM; and

(b) without reasonable excuse he fails or refuses to do so.

(4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.