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).