F1PART 2ARegulation of dynamic spectrum access services

Registration

53ARegistration of providers of dynamic spectrum access services

(1)

A person who provides, or proposes to provide, a dynamic spectrum access service may be registered under this section by OFCOM.

(2)

An application for registration under this section—

(a)

is to be made to OFCOM, and

(b)

must contain such information as OFCOM may reasonably require.

(3)

OFCOM must, from time to time as they think fit, publish—

(a)

the criteria for determining applications under this section, and

(b)

information relating to the restrictions and conditions to which registration under this section may be subject.

(4)

The criteria published under subsection (3)(a) may include different provision for different cases.

(5)

Registration under this section is to be for such period, and subject to such restrictions and conditions, as OFCOM think fit.

(6)

Any such restrictions and conditions are to be contained in a notice in writing given to the person registered under this section.

(7)

In this Act “dynamic spectrum access service” means a service that provides information about—

(a)

the availability for use by wireless telegraphy stations and wireless telegraphy apparatus of frequencies that fall within a frequency band specified in regulations made by OFCOM, and

(b)

the places in which, the power at which, the times when and any conditions subject to which such stations and apparatus may use such frequencies.

53BRevocation and variation of registration

(1)

OFCOM may revoke a registration under section 53A, or vary the restrictions and conditions to which it is subject—

(a)

by notice in writing given to the person registered under that section, or

(b)

by a general notice applicable to the class to which the person belongs, published in such way as appears to OFCOM to be appropriate.

(2)

Where OFCOM propose to revoke or vary a registration, they must give the person registered under section 53A a notification—

(a)

stating the reason for the proposed revocation or variation, and

(b)

specifying the period during which the person notified has an opportunity to make representations about the proposal.

(3)

Nothing in subsection (2) applies to a proposal to revoke or vary a registration if the proposal is made at the request or with the consent of the person registered under section 53A.

(4)

Nothing in this section applies in relation to—

(a)

a notification given under section 53E, or

(b)

a decision given under section 53G.

53CRegister of providers of dynamic spectrum access services

(1)

OFCOM must establish and maintain a register for the purposes of this Part.

(2)

The register is to contain—

(a)

the names of the persons registered under section 53A, and

(b)

such other information relating to the registration of those persons as OFCOM consider appropriate.

(3)

OFCOM may make available to users or prospective users of dynamic spectrum access services such information contained in the register as they consider appropriate.