Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access) Regulations 2007 and shall come into force on 8th March 2007.

(2) These Regulations shall not extend to the Channel Islands or to the Isle of Man.

(3) In these Regulations, “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.

Circumstances of use

2. The circumstances of the use of a wireless telegraphy station or wireless telegraphy apparatus, specified for the purpose of section 18(1)(b) of the Act, are circumstances where the station or apparatus—

(a) is inherently incapable of transmission;

(b) operates within any of the frequency bands listed in the Schedule; and

(c) operates at a site named in the Schedule and whose location is listed in the Schedule (expressed by latitude and longitude coordinates).

Time limit for dealing with grants of recognised spectrum access

3. A decision on an application for a grant of recognised spectrum access which is made to OFCOM will be made, notified to the applicant and published not more than six weeks after the day of the receipt of the application by OFCOM.

Requirements that must be met for a grant of recognised spectrum access

4. —(1) An applicant for a grant of recognised spectrum access must—

(a) be a person proposing to use or to continue to use a wireless telegraphy station or wireless telegraphy apparatus in the circumstances specified in regulation 2; and

(b) provide to OFCOM the information specified in paragraph (2).

(2) The information to be provided is—

(a) the name and address of the applicant;

(b) the frequency band in which the applicant wishes to operate a wireless telegraphy station or wireless telegraphy apparatus;

(c) the site at which the wireless telegraphy station or wireless telegraphy apparatus is to be located; and

(d) information relating to the maximum level of interference arising from other authorised users (who operate within the desired frequency band) which is compatible with the use at that site.

Restrictions and conditions to which a grant of recognised spectrum access is subject

5. A grant of recognised spectrum access may be subject to—

(a) a condition providing for the duration of the grant;

(b) a restriction on the exercise by OFCOM of their power to revoke or modify the grant;

(c) a condition requiring payment of fees; and

(d) conditions describing the limits of the use of the electromagnetic spectrum which is recognised by the grant by reference to—

(i) the location of the wireless telegraphy station or wireless telegraphy apparatus;

(ii) the purpose of use of the electromagnetic spectrum;

(iii) the frequencies for that use; and

(iv) the maximum level of interference arising from other authorised users (who operate within those frequencies) which is compatible with that use.

Regulation 2

SCHEDULE