Access to electromagnetic spectrum
38Payment for licences
1
Section 12 of the Wireless Telegraphy Act 2006 (charges for grant of licence) is amended as follows.
2
In subsection (5) at the end insert “
, but this is subject to subsection (6).
”
3
After subsection (5) insert—
6
Regulations under or for the purposes of subsection (1)(b), so far as it relates to payments during the term of a licence, may be made so as to apply in relation to a licence granted in accordance with regulations under section 14, but only in the following cases—
a
where provision included in the licence with the consent of the holder of the licence provides for the regulations to apply;
b
where the licence includes terms restricting the exercise by OFCOM of their power to revoke the licence before the end of a period and that period has expired;
c
where the licence would, but for a variation, have ceased to have effect at the end of a period and that period has expired;
d
where the licence is a surrendered-spectrum licence.
7
Provision may not be made by virtue of subsection (6)(c) or (d) without the consent of the Secretary of State.
8
A wireless telegraphy licence is a “surrendered-spectrum licence” if —
a
it is granted under arrangements involving (before the grant or later) the variation, revocation or expiry of another wireless telegraphy licence;
b
the arrangements are with a view to enabling the holder of that other licence to comply with a limit applying to frequencies in respect of which a person may hold licences; and
c
it authorises the use after that variation, revocation or expiry of a frequency whose use until then was or is authorised by that other licence.
9
In relation to a surrendered-spectrum licence there may be more than one such other licence (“predecessor licence”) and a licence may be a predecessor licence to more than one surrendered-spectrum licence.
4
Section 14 of the Wireless Telegraphy Act 2006 (bidding for licences) is amended as follows.
5
In subsection (5) after “those sums must” insert “
, subject to subsection (5A),
”
.
6
After subsection (5) insert—
5A
The regulations may, with the consent of the Secretary of State, make provision permitting or requiring a surrendered-spectrum licence to which the regulations apply to include—
a
provision requiring all or part of a sum that would otherwise be payable to OFCOM under subsection (5) to be paid to a person who was or is the holder of a predecessor licence;
b
provision requiring a sum in addition to that payable to OFCOM under subsection (5) to be paid to such a person;
c
provision specifying any such sum or part or the method for determining it.
7
After subsection (8) insert—
9
In subsection (5A) “surrendered-spectrum licence” and “predecessor licence” have the meaning given by section 12(8) and (9).