The Wireless Telegraphy (Recognised Spectrum Access for Satellite Receive-Only Earth Stations) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 1397

Electronic Communications

The Wireless Telegraphy (Recognised Spectrum Access for Satellite Receive-Only Earth Stations) (Amendment) Regulations 2015

Made

18th June 2015

Coming into force

10th July 2015

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by section 18(1)(b), section 122(7) and Schedule 2, paragraph 1 of the Wireless Telegraphy Act 2006(1) (the “Act”).

Before making the 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 and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access for Satellite Receive-Only Earth Stations) (Amendment) Regulations 2015 and shall come into force on 10th July 2015.

Amendment of the Wireless Telegraphy (Recognised Spectrum Access for Satellite Receive-Only Earth Stations) Regulations 2011

2.  The Wireless Telegraphy (Recognised Spectrum Access for Satellite Receive-Only Earth Stations) Regulations 2011(2) (the “principal Regulations”) shall be amended in accordance with these Regulations.

Amendments to regulation 2

3.  In regulation 2 of the principal Regulations—

(a) after paragraph (a), insert—

“(b) “earth exploration satellite service” means a radio communications service between a satellite in space and a fixed wireless telegraphy station on the ground used for earth observation purposes”;

(b) renumber paragraph (b) as (c) and omit “and” at the end of that paragraph;

(c) renumber paragraph (c) as (d);

(d) at the end of paragraph (d) as so renumbered, for the full stop substitute a semi-colon and insert “and”; and

(e) after paragraph (d) as so renumbered, insert—

“(e) “space research service” means a radio communications service between a spacecraft, or any other object in space, and a fixed wireless telegraphy station on the ground used for scientific or technological research purposes.”.

Amendment to regulation 3

4.  In regulation 3 of the principal Regulations—

(a) at the end of sub-paragraph (b)(i), omit “or”;

(b) at the end of sub-paragraph (b)(ii), for the full stop substitute a semi-colon and insert “or”; and

(c) after sub-paragraph (b)(ii), insert—

“(iii) within the frequency band listed in Schedule 3 to provide either an earth exploration satellite service or a space research service.”.

Amendment to regulation 6

5.  In regulation 6, for paragraph (c) substitute—

“(c) a condition requiring payment of the fee to be paid in accordance with the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007(3)”.

Amendment to Schedule 2

6.  In Schedule 2 to the principal Regulations, for “7750–7850 Megahertz” substitute “7750–7900 Megahertz”.

Insertion of Schedule 3

7.  After Schedule 2 to the principal Regulations, insert the following Schedule 3—

Regulation 3

“SCHEDULE 3 Frequency band for earth exploration satellite service or space research service

Frequency band
25.5–26.5 Gigahertz”

Philip Marnick

Group Director, Spectrum Group of the Office of Communications

For and by the authority of the Office of Communications

18th June 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Recognised Spectrum Access for Satellite Receive-Only Earth Stations) Regulations 2011 (S.I. 2011/2763) (the “Principal Regulations”), which provide for the circumstances of use for which grants of recognised spectrum access may be made by the Office of Communications (“OFCOM”).

These Regulations add receive-only stations operating within certain frequency bands.

Regulation 5 of these Regulations amends regulation 6 of the Principal Regulations to include a reference to the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007 (S.I. 2007/392, amended by S.I. 2011/2762).

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from OFCOM’s website at http://www.ofcom.org.uk or from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Copies of this assessment have also been placed in the library of the House of Commons.

(1)

2006 c.36.

(2)

S.I. 2011/2763.

(3)

S.I. 2007/392, amended by S.I. 2011/2762.