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)”.