2007 No. 2326

electronic communications

The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007

Made

Coming into force

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by sections 12, 13(2) and 122(7) of the Wireless Telegraphy Act 20061 (“the Act”).

Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007 and shall come into force on 27th August 2007.

2

In these Regulations “the principal Regulations” means the Wireless Telegraphy (Licence Charges) Regulations 20052.

Amendment of the Wireless Telegraphy (Licence Charges) Regulations 20052

The principal Regulations shall be amended in accordance with the following provisions of these Regulations.

Amendment of regulation 33

In regulation 3 (interpretation)—

a

in paragraph (1)–

i

after the definition of “congested area” insert the following definition—

“core London area” means the area within a circle which has a 22 kilometre radius from Charing Cross, London, which is located at grid reference TQ 302 805 which is the grid reference of the 2nd series of Landranger maps published by the Ordnance Survey ;

ii

after the definition of “national channel” insert the following definition—

“outer London area” means all of the area, other than the core London area, which is within a circle having a 112 kilometre radius from Charing Cross, London, which is located at grid reference TQ 302 805 which is the grid reference of the 2nd series of Landranger maps published by the Ordnance Survey;

iii

in the definition of “VHF Low band”, after “87.49375 MHz;”, omit “and” ;

iv

in the definition of “VHF Mid Band”, after “165.04375 MHz”, insert “; and”; and

v

after the definition of “VHF Mid Band”, insert the following definition—

“Wireless Telegraphy General Licence Conditions Booklet” means Ofcom publication OF1953.

b

in paragraph (6)–

i

in sub-paragraph (a), for “2 million” substitute “3 million”; and

ii

omit sub-paragraph (j).

Amendment of regulation 44

In regulation 4 (licence charges and time of payment)—

a

in paragraph (2), after “"Programme Making and Special Events in Schedule 2” insert “and the Self Co-ordinated Links licence class (which is listed under the heading “Fixed Links” in Schedule 2),”; and

b

in paragraph (4), after “shall” insert “, in respect of all classes of licence other than the “Point to Point Fixed Links” licence class (which is listed under the heading “Fixed Links” in Schedule 2),”.

Amendment of Schedule 25

1

Schedule 2 (licence charges and payment intervals) shall be amended in accordance with the following paragraphs of this regulation.

2

Under the heading “Broadcasting”—

a

in relation to the licence class “Community Radio”–

i

in Column 2, in the same row as “Community Radio” in Column 1, insert “£250”;

ii

in Column 3 omit all the entries;

iii

in Column 4 omit the second entry;

b

after the class of licence “Community Radio” insert the following entries—

Self-help TV

£75 for each digital Self-help relay

60 months

Broadcasting Services (Transmission of National and Regional Analogue Television Broadcasts – BBC)

£1 million

12months

Broadcasting services (Transmission of National and Regional Analogue Television Broadcasts – Independent Television Networks)

£1,174,600

12 months

3

Under the heading “Business Radio”, after the class of licence “Business Radio (Remote Meter Reading Operator)” insert the following entries—

Public Safety Radio (380-385 MHz paired with 390-395 MHz)

£15,578 for each channel for the area of Great Britain excluding the core London area and the outer London area.

£3,647 for each channel in the outer London area.

£107 for each channel in the core London area.

12 months

4

Under the heading “Fixed Links” in relation to the class of licence “Self Co-ordinated Links”, in Column 3, after “each 65 GHz”, insert “, 71-76 GHz and 81-86 GHz”.

5

Under the heading “Fixed Wireless Access”, in each of the classes of licence in Column 1, after “3.6-4.2”, insert “, 10”.

6

Under the heading “Maritime”—

a

in relation to the class of licence “Coastal Station Radio (Marina)”, for the entry in Column 3 substitute the following entry—

£75 for each base station and associated mobile stations for channels 80 (161.625 MHz), M (157.850 MHz) and M2 (161.425 MHz).

b

in relation to the class of licence “Coastal Radio Station (International)”, in Column 3 for “157.025” substitute “161.625”;

c

in relation to the class of licence “Differential Global Positioning System”, in paragraph (b) of Column 3 omit “or UHF”;

d

in relation to the class of licence “Maritime Navigational Aids and Radar”–

i

in Column 3 omit “(a)”; and

ii

in Columns 3 and 4 omit all of the entries after “radar station”;

e

after the class of licence “Coastal Station Radio (Training School)” insert the following entries—

Temporary Coastal Station Radio (Marina)

£20 for each base station and associated mobile stations for channels 80 (161.625 MHz), M (157.850 MHz) and M2 (161.425 MHz).

Temporary Coastal Station Radio (International)

£25 for each base station for each international channel (except channel 80 (161.625 MHz)).

Temporary Coastal Station Radio (UK)

£20 for each base station and associated mobile stations for each non-international maritime channel.

Automatic Identification System

£40 for each base station for each maritime VHF channel AIS1, AIS2 and 70.

7

Under the heading “Programme Making and Special Events”—

a

in relation to the licence class “Programme Making and Special Events Fixed Site”—

i

in sub-paragraph (i) of paragraph (a) in Column 3 and sub-paragraph (ii) of paragraph (b) in Column 3, for “£24” substitute “£28” in each place where those words occur; and

ii

in sub-paragraph (ii) of paragraph (a) in Column 3, for “£96” substitute “£168”;

b

in relation to the licence class “Programme Making and Special Events Link”—

i

in paragraph (a) in Column 3–

aa

in sub-paragraphs (i) and (iii), for “£2.25” substitute “£2.75”;

bb

in sub-paragraph (ii) , for “£7” substitute “£8.50”;

cc

in sub-paragraphs (iv), (v) and (vii), for “£14” substitute “£17”;

dd

in sub-paragraph (vi), for “£23” substitute “£28”;

ee

for the entry in sub-paragraph (viii) substitute “(viii) £8.50 for each channel of 5 MHz above 8 GHz for occasional use;”;

ff

omit the entries in sub-paragraphs (ix) and (x);

gg

in sub-paragraphs (xi) and (xiii), for “£125” substitute “£153”;

hh

in sub-paragraph (xii) , for “£338” substitute “£472”;

ii

in sub-paragraph (xiv) and (xvi), for “£777” substitute “£944”;

jj

for the entry in sub-paragraph (xvii) substitute “(xvii) £472 for each channel of 5 MHz above 8 GHz for multi use type (1) channels;”;

kk

in sub-paragraph (xv), for “£1,276” substitute “£1,554”;

ll

omit the entries in sub-paragraphs (xviii) and (xix);

mm

in sub-paragraphs (xx) and (xxii), for “£810” substitute “£990”;

nn

in sub-paragraph (xxi) , for “£2,520” substitute “£3,060”;

oo

in sub-paragraphs (xxiii) and (xxv), for “£5,040” substitute “£6,120”;

pp

in sub-paragraph (xxiv), for “£8,280” substitute “£10,080”;

qq

for the entry in sub-paragraph (xxvi) substitute “(xxvi) £3,060 for each channel of 5 MHz above 8 GHz for multi use type (2) channels;”;

rr

omit the entries in sub-paragraphs (xxvii) and (xxviii);

ss

for the entries in sub-paragraphs (xxix) to (xxxv) substitute the following entries—

(xxix) £22 for each primary channel of 12.5 kHz in the band 26-65 MHz for each area;

(xxx) £113 for each primary channel of 12.5 kHz in the band 65-470 MHz for each area;

(xxxi) £22 for each primary channel of 12.5 in the band 470-1,000 MHz for each area;

(xxxii) £130 for each primary channel of 0.5 MHz in the band 1-2 GHz for each area;

(xxxiii) £225 for each primary channel of 5MHz in the band 2-5 GHz for each area;

(xxxiv) £130 for each primary channel of 5MHz in the band 5-8 GHz for each area;

(xxxv) £65 for each primary channel of 5 MHz above 8 GHz for each area;

tt

omit the entries in sub-paragraphs (xxxvi) and (xxxvii);

uu

for the entries in sub-paragraphs (xxviii) to (xliv) substitute the following entries—

(xxxviii) £11 for each secondary channel of 12.5 kHz in the band 26-65 MHz for each area;

(xxxix) £57 for each secondary channel of 12.5 kHz in the band 65-470 MHz for each area;

(xl) £11 for each secondary channel of 12.5 kHz in the band 470-1,000 MHz for each area;

(xli) £65 for each secondary channel of 0.5 MHz in the band 1-2 GHz for each area;

(xlii) £113 for each secondary channel of 5 MHz in the band 2-5 GHz for each area;

(xliii) £65 for each secondary channel for each channel of 5 MHz in the band 5-8 GHz for each area;

(xliv) £33 for each secondary channel of 5 MHz above 8 GHz for each area;

vv

omit the entries in sub-paragraphs (xlv) and (xlvi);

ww

for the entries in sub-paragraphs (xlvii) to (lii) substitute the following entries—

(xlvii) £52 for each channel of 12.5 kHz in the band 26-65 MHz for programme sound link use;

(xlviii) £246 for each channel of 0.5 MHz in the band 1517-1525 MHz for programme sound link use;

(xlix) £14 for each channel of 12.5 kHz in the band 26-65 MHz for restricted service programme sound link use;

(l) £43 for each channel of 12.5 kHz in the band 65-470 MHz for restricted service programme sound link use;

(li) £14 for each channel of 12.5 kHz in the band 470-1,000 MHz for restricted service programme sound link use;

(lii) £120 for each channel of 0.5 MHz in the band 1517-1525 MHz for restricted service programme sound link use;

xx

after sub-paragraph (lii) insert the following entries—

(liiA) £12 for each 10 MHz channel in the band 2-5 GHz for each licence for digital wireless camera use;

(liiB) £666 for each 10MHz channel in the band 2-5 GHz for multi use type (1) channels for each licence for digital wireless camera use;

(liiC) £4,320 for each 10 MHz channel in the band 2-5 GHz for multi use type (2) channels for each licence for digital wireless camera use;

yy

in sub-paragraph (liii), for “£24” substitute “£28” in each place where those words occur;

ii

in paragraph (b) in Column 3, in sub-paragraph (ii), for “£24” substitute “£28” in each place where those words occur;

c

after the entry relating to licence class “Programme Making and Special Events Link”, insert the following entries—

Programme Making and Special Events Audio Distribution Services

(a) £14 for each channel of 12.5 kHz in the band 26-65 MHz;

(b) £43 for each channel of 12.5 kHz in the band 65-470 MHz;

(c) £14 for each channel of 12.5 kHz in the band 470-1,000 MHz;

(d) £120 for each channel of 0.5 MHz in the band 1517-1525 MHz;

d

in relation to the licence class “Programme Making and Special Events Low Power”—

i

in paragraph (a) in Column 3, for the entries in sub-paragraphs (i) to (xi) substitute the following sub-paragraphs (i) to (viii)—

(i) £8.50 for each occasional use channel for a single channel radio microphone;

(ii) £472 for each multi use type (1) channel for a single channel radio microphone;

(iii) £3,060 for each multi use type (2) channel for a single channel radio microphone;

(iv) £70 for each primary single radio microphone for each area;

(v) £27 for each secondary single radio microphone for each area;

(vi) £51 for each occasional use of a multi-channel radio microphone or a single wideband channel;

(vii) £2,831 for each multi-use type (1) channel of a multi-channel radio microphone or a single wideband channel; plus -

(viii) where the aggregate sum payable on the issue of a licence in this paragraph in any case other than a premium case would otherwise be less than £28, a charge of £28 only; plus - 

ii

in paragraph (b) in Column 3, in sub-paragraph (ii), for “£24” substitute “£28” in each place where those words occur;

e

in relation to the licence class “UK Wireless Microphone (Annual)”, in paragraph (b) in Column 3, for “£80” substitute “£85”; and

f

in relation to the licence class “UK Wireless Microphone (Biennial)”, in paragraph (b) in Column 3, for “£145” substitute “£155”.

8

Under the heading “Public Wireless Networks”, in relation to the licence classes “Public Wireless Networks (2G and 3G Cellular Operator – Guernsey)”, “Public Wireless Networks (2G and 3G Cellular Operator – Jersey)” and “Public Wireless Networks (2G and 3G Cellular Operator – Isle of Man)”, in Column 3, after each entry in Column 3, insert “£4,000 for each 1 x 5 MHz channel or slot. £8,000 for each 2 x 5 MHz channel or slot”.

9

Under the heading “Science and Technology” add the following entries–

Miscellaneous (a) for up to 12 months

£20

Miscellaneous (b) for 12 to 60 months

£50

Ground Probing Radar

£50

36 months

10

In this regulation—

a

the column headed “Class of licence” in Schedule 2 to the principal Regulations shall be designated as “Column 1”;

b

the column headed “Fixed sums” in Schedule 2 to the principal Regulations shall be designated as “Column 2”;

c

the column headed “Variable sums” in Schedule 2 to the principal Regulations shall be designated as “Column 3”;

d

the column headed “Prescribed payment interval” in Schedule 2 to the principal Regulations shall be designated as “Column 4”; and

e

where the amendments to Schedule 2 to the principal Regulations prescribed in the preceding paragraphs of this regulation are set out within a four column grid, the four columns of that grid are to be inserted as Columns 1 to 4 of that Schedule.

Amendment of Schedule 76

In paragraph 2 of Part 1 of Schedule 7, in the definition of “Plf”, after “that table” insert “except for the Channel Islands and Isle of Man, where Plf is 1”.

Ed RichardsChief Executive of the Office of CommunicationsFor and by the authority of the Office of Communications
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2005 (S.I.2005/1378 as amended by S.I. 2006/2894) (the “Principal Regulations”).

In respect of the Community Radio licence class the regulations make changes to the fees provided for in the principal Regulations by requiring a single licence charge.

In relation to the Broadcasting sector, a new licence class of Self-help TV is added and these regulations provide for a fixed fee for the two types of National and Regional Television Transmission licence. For the Business Radio sector the Regulations introduce fees for Public Safety Radio licences.

In relation to the Maritime sector, the Regulations provide for fees for temporary Coastal Station Radio licences.

For the Programme Making and Special Events sector these Regulations increase existing licence fees.

The Regulations introduce additional licence charges for Public Wireless Networks (2G and 3G Cellular Operators) for the Channel Islands.

The Regulations introduce new licence classes for the Science and Technology sector.

The publication “Wireless Telegraphy General Licence Conditions Booklet” referred to in regulation 3(a)(v) is available to the public from the OFCOM Library at Riverside House, 2A Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) and on OFCOM’s website at www.ofcom.org.uk.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2A Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on OFCOM’s website at www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.