SCHEDULES
SCHEDULE 2Amendments to Wireless Telegraphy Act 2006
16
In Schedule 1 (procedure for wireless telegraphy licences)—
a
at the end of paragraph 1 insert—
3
The procedures must be—
a
open (except where sub-paragraph (4) applies);
b
objective;
c
transparent;
d
not such as to discriminate unduly against particular persons or against a particular description of persons; and
e
proportionate to what they are intended to achieve.
4
The requirement for a procedure to be open does not apply if—
a
the procedure relates to licences for frequencies for the broadcasting of television and radio programmes, and
b
OFCOM think that, in order to ensure the fulfilment of a general interest objective (within the meaning given by section 8B(3)), the procedure should not be open.
b
after paragraph 6 insert—
6A
OFCOM may not revoke or vary a wireless telegraphy licence unless the proposed revocation or variation is objectively justifiable.
c
in paragraph 7(1)(b) for “to do the things specified in sub-paragraph (2)” substitute “to make representations about the proposal”,
d
omit paragraph 7(2),
e
for paragraph 7(3) substitute—
3
The period for making representations—
a
if the proposal is the result of a contravention of a term, provision or limitation of a licence, is such period as OFCOM may specify; and
b
in any other case, must be the period of one month beginning with the day after the one on which the notification was given (but this is subject to sub-paragraphs (4) to (6)).
f
in paragraph 7(6)(a) omit “or a case of serious and repeated contravention”,
g
omit paragraph 7(8), (9) and (13),
h
in paragraph 7(10)—
i
at the end of paragraph (a) omit “and”, and
ii
at the end of paragraph (b) insert—
; and
c
in the case of a variation of a wireless telegraphy licence extending the duration of the licence, publish the notification and the reasons for the decision.
i
after paragraph 7(11)(a) omit “and” and insert—
aa
must give reasons for the decision; and
j
at the end of paragraph 7(12), insert “(but OFCOM must, where a proposal is made by or with the consent of the holder of the licence to vary a wireless telegraphy licence in order to extend the duration of the licence, publish the notification of their decision and the reasons for it)”.