The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1997

2.  The Wireless Telegraphy (Licence Charges) Regulations 1995(1) are hereby amended as follows:

(a) for regulation 3(4), there shall be substituted the following paragraph:

“(4) In relation to a Programme Making and Special Events Fixed Site Licence, a Programme Making and Special Events Low Power Licence and a Programme Making and Special Events Link Licence—

(a) “area” in relation to a channel means a channel specified in such licence which the licensee may use in an area with a population coverage exceeding 200,000 individuals but below 2 million individuals;

(b) “local” in relation to a channel means a channel specified in such licence which the licensee may use in an area with a population coverage below 200,000 individuals or within a radius of 5 kilometres of a given point, or only in the Channel Islands or Isle of Man;

(c) “occasional use” in relation to a channel means a channel specified in such licence which the licensee is authorised to use for a period not exceeding 48 hours;

(d) “premium case” means a case where both the applicant applies for the issue or variation of such licence outside office hours and the licence is granted or varied outside office hours at the applicant’s request; and for the purposes of this definition “office hours” means 09.00 to 17.00 hours from Monday to Friday other than on a day which is a bank holiday in England and Wales;

(e) “primary” in relation to a channel means a channel specified in such licence which such licence authorises the licensee to use at any time;

(f) “regional” in relation to a channel means a channel specified in such licence which the licensee is authorised to use in an area with a population coverage exceeding 2 million individuals but below 12 million individuals;

(g) “request” in relation to a channel means a channel specified in such licence which such licence only authorises the licensee to use at such limited times as are specified in the licence;

(h) “secondary” in relation to a channel means a channel specified in such licence which such licence only authorises the licensee to use when the channel or band is not being used by another licensee under a licence which authorises such use as a primary channel;

(i) “shared” in relation to a channel means a channel specified in such licence which the licensee is authorised to use at the same time as such channel may be used by a licensee under another licence;

(j) “transaction charge” means a sum which when added to the sum that would otherwise be payable, produces the sum of £20;

(k) “UK” in relation to a channel means a channel specified in such licence which the licensee is authorised to use anywhere within the British Islands;

(l) “variation” in relation to a licence refers to the addition of a channel to the channel specified in such licence; and

for the purpose of determining “population coverage” as referred to above, reference shall be made as appropriate to:

(i) the estimated mid-year resident population for England and Wales for 1995 as shown in the “Office of National Statistics Population and Health Monitor (PPI 96/2)” published in August 1996;

(ii) the estimated mid-year resident population for Scotland for 1995 as shown in the “Mid-1995 Population Estimates Scotland” published in June 1996; and

(iii) the estimated mid-year resident population for Northern Ireland for 1995 as shown in the “Annual Report of the Registrar General for Northern Ireland” published in November 1996.”; and

(b) for the provisions in Schedule 4 relating to the following classes of licence: Independent Programme Maker’s, Independent Programme Maker’s Four Monthly, Independent Programme Maker’s Seven Day, Independent Programme Maker’s Six Hour, Radio Broadcaster’s Programme Making, Radio Microphone Class A Class B and Class C, Sporting and Other Public Events (Miscellaneous), there shall be substituted the provisions set out in the Schedule to these Regulations.

(1)

S.I. 1995/1331, as amended by S.I. 1996/1464.