Statutory Instruments
Electronic Communications
Made
6th April 2016
Laid before Parliament
13th April 2016
Coming into force
6th May 2016
Marginal Citations
M1S.I. 2001/3495. This has been amended, but the amendments are not relevant for the purposes of these Regulations.
M21972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
1. These Regulations may be cited as the 1452-1492 MHz and 3400-3800 MHz Frequency Bands (Management) Regulations 2016 and come into force on 6th May 2016.
2. In these Regulations—
“the Act” means the Wireless Telegraphy Act 2006 M3;
“Commission Decision 2008/411/EC” means Commission Decision 2008/411/EC of 21st May 2008 on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community M4 as amended by Commission Implementing Decision 2014/276/EU of 2nd May 2014 M5;
“Commission Implementing Decision (EU) 2015/750” means Commission Implementing Decision (EU) 2015/750 of 8th May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union M6;
“OFCOM” means the Office of Communications as established by the Office of Communications Act 2002 M7.
Marginal Citations
M4OJ No L 144, 4.6.2008, p77.
M5OJ No L 139, 14.5.2014, p18.
M6OJ No L 119, 12.5.2015, p.27.
3. The 3400—3800 MHz Frequency Band (Management) Regulations 2008 M8 are revoked.
Marginal Citations
4.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) OFCOM must F2...—
(a)designate and make available, on a non-exclusive basis, the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex to Commission Implementing Decision (EU) 2015/750; and
(b)ensure that the terrestrial systems referred to in sub-paragraph (a) give appropriate protection to systems in adjacent frequency bands.
Textual Amendments
F1Reg. 4(1) omitted (31.12.2020) by virtue of The Radio Spectrum (EU Exit) Regulations 2018 (S.I. 2018/1385), regs. 1, 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 4(2) omitted (31.12.2020) by virtue of The Radio Spectrum (EU Exit) Regulations 2018 (S.I. 2018/1385), regs. 1, 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
5.—F3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) F4... OFCOM must, subject to paragraphs (3), (4) and (5), continue to designate and make available, on a non-exclusive basis, the 3400-3800 MHz frequency band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to Commission Decision 2008/411/EC.
(3) Paragraph (2) is without prejudice to the protection and continued operation of other existing use of the 3400-3800 MHz frequency band.
(4) OFCOM is not obliged to apply the parameters set out in the Annex to Commission Decision 2008/411/EC in respect of rights of use for terrestrial electronic communications networks in the 3400-3800 MHz frequency band existing on 2nd May 2014 to the extent that the exercise of those rights does not prevent the use of the band according to that Annex.
(5) OFCOM must ensure that the networks referred to in paragraphs (2) and (4) give appropriate protection to systems in adjacent bands.
Textual Amendments
F3Reg. 5(1) omitted (31.12.2020) by virtue of The Radio Spectrum (EU Exit) Regulations 2018 (S.I. 2018/1385), regs. 1, 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 5(2) omitted (31.12.2020) by virtue of The Radio Spectrum (EU Exit) Regulations 2018 (S.I. 2018/1385), regs. 1, 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Ed Vaizey
Minister of State
Department for Culture, Media and Sport
(This note is not part of the Regulations)
These Regulations implement:
Commission Implementing Decision (EU) 2015/750 of 8th May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union; and
Commission Decision 2008/411/EC of 21st May 2008 on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community, as amended by Commission Implementing Decision 2014/276/EU of 2nd May 2014.
These Regulations revoke and replace the 3400—3800 MHz Frequency Band (Management) Regulations 2008 (S.I. 2008/2794), which implemented Commission Decision 2008/411/EC prior to its amendment.
Regulations 4(1) and 5(1) require the Office of Communications (“OFCOM”) to exercise their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the two Commission Decisions.
Regulations 4(2) and 5(2) to (5) specify the particular obligations of the Commission Decisions to which Ofcom must give effect.
Information about existing rights of use in both the 1452-1492 MHz and 3400-3800 MHz frequency bands can be found on OFCOM's website at www.ofcom.org.uk.
A full impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen.
A Transposition Note has been produced for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.