Citation and commencement

1. This Order may be cited as the Wireless Telegraphy (Limitation of Number of Licences) (Amendment) Order 2006 and shall come into force on 16th November 2006.

Amendment of the Wireless Telegraphy (Limitation of Number of Licences) Order 2003

2. —(1) The Schedule, which contains amendments to the Wireless Telegraphy (Limitation of Number of Licences) Order 2003( 2 ) shall have effect.

(2) A reference in the Schedule to an entry relating to a licence class shall be construed as a reference to the sub-heading designating that licence class and the frequencies specified in respect of that licence class.

Article 2

SCHEDULE Amendment of the Wireless Telegraphy (Limitation of Number of Licences) Order 2003

1. In article 2 (interpretation)—

(a) omit “—1”; and

(b) for the definition of “RA”, substitute the definition ““OFCOM” means the Office of Communications”.

2. In article 3 (wireless telegraphy licences to be limited in number) for “The Secretary of State” substitute “OFCOM”.

3. In article 4 (criteria for limiting the number of wireless telegraphy licences)—

(a) omit “—1”; and

(b) for “The Secretary of State” substitute “OFCOM”.

Schedule 1 (Broadcasting)

4. In Part 1 of Schedule 1 (Frequencies Allocated to Broadcasting Use)—

(a) after the entry relating to Transmission of National and Local Broadcasting Services insert the following entry—

(b) in the sub-heading “Restricted Radio Services Transmission (Class C Radiating Very Low Power)” after “Class C” insert “-Freely”.

5. In Part 2 of Schedule 1 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)––

(a) in paragraph 1(d) omit “and” after “1996;”

(b) in paragraph 1(e) after “Broadcasting Act 1990” insert “; and”; and

(c) after “and” in paragraph 1(e) insert “(f) Community Radio Licence under Section 262 of the Communications Act 2003( 3 )”.

6. In Part 3 of Schedule 1 (Criteria Limiting Number of Wireless Telegraphy Licences), in paragraph 2 for “the RA( c )” substitute “OFCOM( 4 )”.

Schedule 2 (Broadband Fixed Wireless Access)

7. Omit Schedule 2 (Broadband Fixed Wireless Access).

Schedule 3 (Programme Making and Special Events)

8. For Part 1 of Schedule 3 (Frequencies Allocated to Programme Making and Special Events Use) substitute the following Part—

“ PART 1 FREQUENCIES ALLOCATED TO PROGRAMME MAKING AND SPECIAL EVENTS USE

9. In Part 3 of Schedule 3 (Criteria Limiting Number of Wireless Telegraphy Licences), in paragraph 2—

(a) for “availablity” substitute “availability”;

(b) for “—” insert “and”; and

(c) for the “RA( a )” substitute “OFCOM( 5 )”.

Schedule 4 (Public Electronic Communications Networks)

10. Omit Schedule 4 (Public Electronic Communications Networks).

Schedule 5 (Fixed Terrestrial Radio Links)

11. In Schedule 5 (Fixed Terrestrial Radio Links), for the heading “Fixed Terrestrial Radio Links” substitute “Fixed Links”.

12. In Part 1 of Schedule 5 (Frequencies Allocated to Fixed Terrestrial Radio Links Use)—

(a) in the heading omit “Terrestrial Radio”; and

(b) in the entry relating to Point to Point Fixed Links—

(i) omit “14.25-14.50 GHz”; and

(ii) below “55.78-57.64 GHz” insert “64.00-66.00 GHz”;

(c) for the entry relating to Point-to-Multipoint Services substitute the following entry—

(d) after the entry relating to Point-to-Point Security CCTV Services insert the following entry—

13. In Part 3 of Schedule 5 (Criteria Limiting the Number of Wireless Telegraphy Licences), for paragraph 2 substitute—

“ 2. Except in the case of Self Co-ordinated Links, the availability of wireless telegraphy licences is limited at these frequencies by the technical frequency assignment criteria set out in the OFCOM publications applying to the frequencies concerned ( 6 ) . ” .

Schedule 6 (Satellite Services)

14. For Part 1 of Schedule 6 (Satellite Services) substitute the following Part—

“ PART 1 FREQUENCIES OF OPERATION FOR SATELLITE SERVICES

15. In Part 3 of Schedule 6 (Criteria Limiting Number of Wireless Telegraphy Licences), for paragraph 2 substitute—

“ 2. The availability of Satellite (Permanent Earth Station) Licences, Satellite (Earth Station - Non-Geostationary) Licences, Satellite (Earth Station – Non-fixed Satellite Service) Licences, Satellite (Transportable Earth Station) Licences, Satellite (Aircraft Earth Station), Satellite (Earth Station on Board Vessel), Satellite (Earth Station on Train) and Satellite (Earth Station Network) Licences is limited at any particular location at these frequencies by the relevant technical frequency assignment criteria set out in OFCOM publications ( 8 ) . ” .

Schedule 7 (Maritime)

16. In Part 1 of Schedule 7 (Frequencies Allocated to Maritime Use)—

(a) in the sub-heading “Coastal Station Radio” at the end add “(UK)”;

(b) in the entry relating to Coastal Station Radio (Marina) substitute the following frequencies—

(c) in the entry relating to Coastal Station Radio (Training School), at the end of “Coastal Station Radio” add “(International)”;

(d) in the entry relating to Differential Global Positioning System substitute the following frequencies—

(e) for the entry relating to “Maritime (Navigational Aids and Radar)” substitute the following entries—

(f) in the entry relating to Maritime Radio (Suppliers and Demonstration), for “415.526.5 kHz” substitute “415.0-526.5 kHz”; and

(g) in the entry relating to Ship Radio—

(i) for “456.525 MHz” substitute “457.525 MHz”;

(ii) for “457.5626 MHz” substitute “457.5625 MHz”; and

(iii) for “467.525 MHz” in the third column, substitute “467.5625 MHz”.

17. In Part 2 of Schedule 7 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)—

(a) in paragraph 2 after “Coastal Station Radio” insert “(UK)”; and

(b) in paragraph 6 after “Maritime Radio (Navigational Aids and Radar) Licence” insert “or an Automatic Identification System Licence”.

18. In Part 3 of Schedule 7 (Criteria Limiting Number of Wireless Telegraphy Licences)—

(a) for paragraph 8 substitute—

“ 8. Applicants must undertake to use the assigned frequencies solely for the transmission and reception of signals as part of the maritime mobile, (including satellite) and radio navigation services as defined in Article 1 of the Radio Regulations. ” ;

(b) in paragraph 9—

(i) after “The availability of the Coastal Station Radio” insert “(UK)”; and

(ii) for “Coastal Station Radio (Including Technical Frequency Assignment Criteria) published by the RA( a )” substitute “Coastal Station Radio Ofcominformation booklet published by OFCOM( 9 )”; and

(c) after paragraph 9 insert—

“ 9A. The availability of Automatic Identification System Licences is limited in any particular location at these frequencies by the availability of time slots. ” .

Schedule 8 (Aeronautical)

19. In Part 1 of Schedule 8 (Frequencies Allocated to Aeronautical Use)—

(a) omit the sub-heading “Aircraft (Transportable)”;

(b) in the entry relating to Aircraft—

(i) for “10050-10100 kHz” substitute “10005-10100 kHz

(ii) omit “121.5”;

(iii) omit “(with associated downlink frequencies:”;

(iv) omit “)” after “1525-1559 MHz;

(c) after the entry relating to Aircraft insert the following entry—

(d) for the entry relating to Aeronautical Ground Station Air Traffic/Ground Movement Control and Aeronautical Ground Station Airfield Flight Information Service substitute the following entry—

“ Aeronautical Ground Station (Air Traffic /Ground Movement Control)

Aeronautical Ground Station (Air/Ground Communications Services)

(e) in the entry relating to Aeronautical Ground Station (General Aviation) omit “121.600 MHz (Fire Service)”;

(f) after the entry relating to Aeronautical Ground Station (General Aviation) insert the following entries—

(g) for the entry relating to Aeronautical Navigational Aids and Radar substitute the following entry—

(h) after the entry relating to Aeronautical Navigation Aid Stations insert the following entry—

(i) for the entry relating to Aeronautical Ground Station (Operations Control) substitute the following entry—

20. In Part 2 of Schedule 8 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May be Granted)—

(a) for the heading to paragraphs 4 and 5 “Aeronautical Ground Station Air Traffic/Ground Movement Control” substitute “Aeronautical Ground Station (Air Traffic/Ground Movement Control)”;

(b) in paragraph 5, for “navigation” substitute “communications”;

(c) for the heading to paragraphs 6 and 7 “Aeronautical Ground Station Airfield Flight Information Service” substitute “Aeronautical Ground Station (Air/Ground Communication Services)”;

(d) omit paragraph 6;

(e) in paragraph 7—

(i) for “Aeronautical Ground Station Airfield Flight Information Service Licence” substitute “Aeronautical Ground Station (Air/Ground Communication Services) Licence”; and

(ii) for “navigation” substitute “communications”;

(f) for the heading to paragraph 8 “Aeronautical Ground Station (General Aviation)” substitute “Aeronautical Ground Station (Airfield Flight Information Service)”;

(g) in paragraph 8—

(i) for “Aeronautical Ground Station (General Aviation) Licence”, substitute “ Aeronautical Ground Station (Airfield Flight Information Service) Licence”; and

(ii) for “navigation” substitute “communications”;

(h) after paragraph 8 insert—

“ Aeronautical Ground Station (General Aviation)

8A. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (General Aviation) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 ( 10 ) by the Civil Aviation Authority’s Air Traffic Standards Department.

Aeronautical Ground Station (High Frequency)

8B. An applicant must undertake to use the assigned frequencies solely for the purposes of communication with aircraft.

8C. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (High Frequency) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority’s Air Traffic Standards Department.

Aeronautical Ground Station (Offshore Platform)

8D. An applicant must be an offshore platform operator and must undertake to use the assigned frequencies solely for the purposes of communication with aircraft as well as emergency mobile ground stations and airport vehicles within the confines of aerodromes authorised by the CAA.

8E. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (Offshore Platform) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority’s Air Traffic Standards Department.

• Aeronautical Navigational Aid Stations

• Aeronautical Radar

8F. An applicant must prove that the equipment he intends to use under an Aeronautical Navigational Aid Stations Licence or an Aeronautical Radar Licence is an aeronautical navigation installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority’s Air Traffic Standards Department.

Aeronautical Ground Station (Operations Control)

8G. An applicant must undertake to use the assigned frequencies solely for the purposes of operation control, where “operation control” means the exercise of authority over the initiation, continuation, or diversion of a flight in the interest of safety of the aircraft and the regularity and efficiency of the flight ( 11 ) .

8H. An applicant must prove that the equipment he intends to use under an Aeronautical Ground Station (Operations Control) Licence is an aeronautical communications installation assessed as fit for purpose under the Air Navigation Order 2005 by the Civil Aviation Authority’s Air Traffic Standards Department. ” ; and

(i) omit the entry relating to Aeronautical Navigational Aids and Radar.

21. In Part 3 of Schedule 8 (Criteria Limiting the Number of Wireless Telegraphy Licences)—

(a) for paragraph 10 substitute—

“ 10. The availability of the Aeronautical Ground Station (Air Traffic/Ground Movement Control) Licence, Aeronautical Ground Station (Air/Ground Communication Service) Licence, Aeronautical Ground Station (General Aviation) Licence, Aeronautical Ground Station (High Frequency) Licence, and Aeronautical Ground Station (Offshore Platform) Licence is limited in any particular location at these frequencies by the technical frequency assignment criteria set out in Aeronautical Wireless Telegraphy Act Radio Licences (Including Technical Frequency Assignment Criteria) published by OFCOM ( 12 ) . ” ; and

(b) in paragraph 12—

(i) for “soley” substitute “solely”; and

(ii) For “aeronatautical radio or radio navigation (including satellite) service” substitute “aeronautical mobile service, aeronautical mobile-satellite service and the aeronautical radio navigation service”.

Schedule 9 (Amateur Radio)

22. For Part 1 of Schedule 9 (Frequencies Allocated to Amateur Radio Use) substitute the following Part—

“ PART 1 FREQUENCIES ALLOCATED TO AMATEUR RADIO USE

23. In Part 2 of Schedule 9 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)—

(a) omit “Radiocommunications Agency” in each place in which it occurs;

(b) in the heading to paragraph 2 omit “(A)”;

(c) in paragraph 2—

(i) at the end of sub-paragraph (a) after “examination;” insert “and”;

(ii) at the end of sub-paragraph (b) for “examination; and” substitute “examination.”;

(iii) omit sub-paragraph (c);

(d) for paragraphs 3 and 4 substitute—

“ Amateur Radio Full

3. An applicant must possess—

(a) a valid pass certificate for the Intermediate and Full Radio Amateur Examination or equivalent examination; or

(b) a valid pass certificate for the City and Guilds Institute ( 13 ) 7307-Radio Amateur Examination or equivalent examination. ” ; and

(e) omit paragraphs 4 and 5.

Schedule 10 (Technology Development)

24. In Schedule 10 (Technology Development), for the heading “Technology Development” substitute “Science and Technology”.

25. In Part 1 of Schedule 10 (Frequencies Allocated to Technology Development Use)—

(a) in the heading for “Technology Development” substitute “Science and Technology”;

(b) in paragraph 1 after “Temporary” insert “Use”; and

(c) after paragraph 1 add the following entry—

26. In Part 2 of Schedule 10 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted)—

(a) in the heading to paragraph 3 “Non-Operational Temporary” after “Temporary” insert “Use”.

(b) after paragraph 3 insert—

“ Ground Probing Radar

4. An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003 ( 14 ) . ”

27. In Part 3 of Schedule 10 (Criteria Limiting Number of Wireless Telegraphy Licences)—

(a) in paragraph 4 for “these licences” substitute “Non-Operational Development Licences and Non-Operational Temporary Use Licences”; and

(b) after paragraph 4 insert—

“ 5. Applications for Ground Probing Radar Licences are considered in the order of receipt of each correctly completed application form. ” .

Schedule 11 (Private Business Radio)

28. In Schedule 11 (Private Business Radio), in the heading “Private Business Radio” omit “Private”.

29. For Part 1 of Schedule 11 (Frequencies Allocated to Private Business Radio Use) substitute the following Part—

“ PART 1 FREQUENCIES ALLOCATED TO BUSINESS RADIO USE

30. For Part 2 of Schedule 11 (Criteria Relating to Persons to Whom Wireless Telegraphy Licences May Be Granted) substitute the following Part—

“ PART 2 CRITERIA RELATING TO PERSONS TO WHOM WIRELESS TELEGRAPHY LICENCES MAY BE GRANTED

1A. An applicant for a Business Radio (Common Base Station) Licence or a Business Radio (Remote Meter Reading Operator) Licence cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003 ( 15 ) .

Business Radio (On-Site Hospital Paging and Emergency Speech Systems)

2. An applicant must be engaged in the management of a hospital or medical practice.

Business Radio (Suppliers)

3. An applicant must be engaged in the hire, supply or demonstration of private business radio equipment.

Public Safety and Emergency Services Radio

4. An applicant must be engaged in activities related to public safety. ” .

31. In Part 3 of Schedule 11 (Criteria Limiting Number of Wireless Telegraphy Licences) for paragraph 7 substitute—

“ 7. The availability of licences (save in respect of the Business Radio (Suppliers) Licence, the Business Radio (UK General) Licence and the Business Radio (Self-Select Licence)) is limited in any particular location at these frequencies by the technical assignment criteria set out in Business Radio Technical Frequency Assignment Criteria published by OFCOM ( 16 ) . ” .