Part 2Regulation of radio spectrum
Chapter 1Wireless telegraphy licences
Licensing of wireless telegraphy
8Licences 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.