[F18B.Restriction on grant of exclusive licenceU.K.
(1) OFCOM may not grant an exclusive licence unless a condition in subsection (2) is met.
(2)Those conditions are—
(a)that it is necessary to grant an exclusive licence in order to protect safety of life services, or
(b) that there are other exceptional circumstances which, in OFCOM'sopinion, justify the grant of an exclusive licence in order to ensure a general interest objective.
(3)The general interest objectives are—
(a)safety of life;
(b)the promotion of social, regional or territorial cohesion;
(c)avoidance of inefficient use of frequencies;
(d)the promotion of cultural and linguistic diversity and media pluralism;
(e) fulfilment of a requirement under the ITU Radio Regulations.
(4) In subsection (3) “the ITU Radio Regulations” means the radio regulations of the International Telecommunication Union.
(5) If OFCOMgrant an exclusive licence they must—
(a)at such intervals as they consider appropriate, review whether a condition in subsection (2) continues to be met, and
(b)publish the outcome of the review in such manner as they think fit.
(6)In this section and section 8C, “exclusive licence” means a wireless telegraphy licence which includes a term conferring exclusive rights on the holder to use a frequency specified in the licence (throughout the United Kingdom or in a specified part of the United Kingdom).]
Textual Amendments
F1Ss. 8A-8C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 5 (with Sch. 3 para. 2)