Statutory Instruments
2007 No. 392
electronic communications
The Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007
Made
14th February 2007
Coming into force
8th March 2007
The Office of Communications (“OFCOM”) having regard to the matters specified in section 3 of the Wireless Telegraphy Act 2006( 1 ) (“the Act”), make the following Regulations in exercise of the powers conferred on OFCOM by sections 21, 22(2) and (3) of the Act.
Before making these 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 that notice in accordance with section 122(4)(c) of the Act.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007 and shall come into force on 8th March 2007.
(2) These Regulations shall not extend to the Channel Islands or the Isle of Man.
Interpretation
2. In these Regulations—
(a) “A” means the relevant restricted area specified in square kilometres;
(b) “authorised user” means a person whose use of a wireless telegraphy station or wireless telegraphy apparatus is in accordance with, or provision made under, the Act;
(c) “GHz” means gigahertz;
(d) “MHz” means megahertz;
(e) “N” means, in respect of a frequency band specified in Part 1 or Part 2 of the Schedule, the difference between the highest and lowest frequencies expressed in megahertz, specified for that band; and
(f) “relevant restricted area” means the area within a circle whose centre and radius are specified in the grant of recognised spectrum access.
Time of Payment
3. There shall be paid to OFCOM—
(a) on the making of a grant of recognised spectrum access; and
(b) on the last day of each period of twelve months following the grant while the grant remains in force,
the sum specified in these Regulations.
Charges for grants in respect of Part 1 frequency bands
4. —(1) In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 1 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being no other authorised users in the relevant restricted area, the sum shall be the higher of—
(a) £500; and
(b) £0.51NA.
(2) In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 1 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being a limited number of other authorised users in the relevant restricted area, the sum shall be the higher of—
(a) £500; and
(b) £0.0255NA.
Charges for grants in respect of Part 2 frequency bands
5. In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 2 of the Schedule, which specifies a condition that refers to the maximum level of interference which is compatible with that use, arising from there being no other authorised users in the relevant restricted area, the sum shall be the higher of—
(a) £500; and
(b) £1.65NA.
Charges for grants in respect of Part 3 frequency band
6. In the case of a grant of recognised spectrum access in respect of the use of the frequency band specified in Part 3 of the Schedule the sum shall be £22,500.
Charges for grants in respect of Part 4 frequency bands
7. In the case of a grant of recognised spectrum access in respect of the use of the frequency bands specified in Part 4 of the Schedule the sum shall be £500.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
14th February 2007
Regulations 4 to 7
SCHEDULE FREQUENCY BANDS
PART 1 FIXED SERVICE BANDS
| 1.6605–1.6680 GHz |
| 1.668–1.670 GHz |
| 10.60–10.68 GHz |
| 22.01–22.21 GHz |
| 22.21–22.50 GHz |
| 22.81–22.86 GHz |
| 23.07–23.12 GHz |
| 31.5–31.8 GHz |
PART 2 MOBILE SERVICE BANDS
| 37.75–38.25 MHz |
| 80.5–82.5 MHz |
| 150.05–152.00 MHz |
PART 3 BROADCASTING SERVICE BAND
| 606–614 MHz |
PART 4 FIXED SUM BANDS
| 1.400–1.427 GHz |
| 1.6106–1.6138 GHz |
| 1.6600–1.6605 GHz |
| 2.69–2.70 GHz |
| 10.68–10.70 GHz |
| 15.35–15.40 GHz |
| 23.6–24.0 GHz |
| 31.3–31.5 GHz |
| 42.5–43.5 GHz |
| 48.94–49.04 GHz |