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STATUTORY INSTRUMENTS


2006 No. 2786

ELECTRONIC COMMUNICATIONS

The Wireless Telegraphy (Limitation of Number of Licences) (Amendment) Order 2006

  Made 16th October 2006 
  Coming into force 16th November 2006 

The Office of Communications ("OFCOM") make the following order in exercise of the powers conferred by section 164(1) to (3) of the Communications Act 2003[1] ("the Act") in performance of the duty imposed on them by section 164(7) of the Act.

     Before making the Order, OFCOM have given notice of their proposal to do so in accordance with section 403(4)(a) of the Act, published notice of their proposal in accordance with section 403(4)(b) of the Act, and considered the representations made to them before the time specified in the notice in accordance with section 403(4)(c) of the Act.

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.


Kip Meek
Chief Policy Partner For and on the authority of the Office of Communications

16th October 2006



SCHEDULE
Article 2


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


     1. In article 2 (interpretation)—

     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)—

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

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

     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—




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

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)—

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

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



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

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

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

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

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

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

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

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




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

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)—

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

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

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—



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



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



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Wireless Telegraphy (Limitation of Number of Licences) Order 2003 (S.I. 2003/1902) ("the principal Order") which specifies the frequencies allocated by OFCOM for different uses, the criteria relating to persons to whom wireless telegraphy licences may be granted, and the criteria limiting the number of such licences.

Article 2 of this Order amends the principal Order to reflect changes in the wireless telegraphy licence classes which are now available and changes have been made in respect of the following uses of spectrum:

Copies of the publications referred to in the Schedule are available from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and available on the OFCOM website at http://www.ofcom.org.uk except in the case of the Convention on International Civil Aviation, referred to in paragraph 20 of the Schedule, which is available from the International Civil Aviation Organization, Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada or on the ICAO website at http://icao.int.

A full regulatory impact assessment of the effect of this Order is available from the OFCOM information centre at Riverside House, 2a Southwark Bridge Road, London SE1 9HA, telephone 202 7981 3000 or on the OFCOM website at http://www.ofcom.org.uk. Copies of the regulatory impact assessment have also been placed in the libraries of both Houses of Parliament.


Notes:

[1] 2003 c.21.back

[2] S.I. 2003/1902. The Wireless Telegraphy (Limitation of Number of Licences) Order 2003 was made by the Secretary of State, rather than Ofcom, in accordance with section 408 of the Act and article 3(1) of the Communications Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/1900) made under section 411 of the Act bringing section 164 into force).back

[3] 2003 c.21.back

[4] Version 2.0 published March 2006.back

[5] Published April 2004.back

[6] The publications are: OfW30 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 3.6 to 3.875 GHz paired with 3.925 to 4.2 GHz (September 2004); OfW31 Fixed Point-to-Point Radio Services with Analogue Modulation Operating in the Frequency Ranges 31.0 to 31.3 GHz paired with 31.5 to 31.8 GHz (September 2004) ; OfW32 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 51.4 to 51.944 GHz paired with 52.056 to 52.6 GHz and 55.78 to 56.346 GHz paired with 56.458 to 57.0 GHz (March 2006); OfW42 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 32.319 to 32.571 GHz paired with 33.131 to 33.383 GHz and 37.0 to 38.178 GHz paired with 38.318 to 39.50 GHz (March 2006); OfW43 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 22.00 to 22.60 GHz paired with 23.00 to 23.60 GHz and 24.50 to 25.445 GHz paired with 25.557 to 26.50 GHz (March 2006); OfW44 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 12.75 to 12.931 GHz paired with 13.031 to 13.250 GHz and 14.5 to 14.613 GHz paired with 15.229 to 15.35 GHz (March 2006); OfW45 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 5925 to 6167.58 MHz paired with 6182.42 to 6425 MHz and 6425 to 6760 MHz paired with 6770 to 7125 MHz (March 2006); OfW46 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 1350 to 1375 MHz paired with 1492 to 1517 MHz (March 2006); OfW47 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 7.425 to 7.652 GHz paired with 7.673 to 7.900 GHz (March 2006); OfW49 Fixed Point-to-Point and Point-to-Multipoint Scanning Telemetry Radio Services with Analogue Modulation Operating in the Frequency Ranges 457.5 to 458.5 MHz paired with 463.0 to 464.0 MHz (March 2006); and OfW50 Fixed Point-to-Point Radio Services with Digital Modulation Operating in the Frequency Ranges 17.7 to 18.6725 paired with 18.71 to 19.7 GHz (March 2006).back

[7] United Kingdom Frequency Allocation Table 2004 Issue no.13, published by Ofcom on behalf of the National Frequency Planning Group, a sub-committee of the Cabinet Official Committee on United Kingdom Spectrum Strategy.back

[8] The publications are: Licensing Procedures Manual for Satellite (Permanent Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Non-Fixed Satellite Service Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Non-geostationary Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Network Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Transportable Earth Station) Applications (June 2006); Licensing Procedures Manual for Satellite (Transportable Very Small Aperture Terminal) Applications (June 2006); Licensing Procedures Manual for Satellite Service Network Operator Licence for Earth Station on Aircraft, OFW 341 (September 2006); Licensing Procedures Manual for Satellite Service Network Operator Licence for Earth Station on Vessel(s), OFW 340 (September 2006); and Licensing Procedures Manual for Satellite Service Network Operator Licence for Earth Station on Trains, OFW 342 (September 2006).back

[9] Reference Of 18 (December 2003).back

[10] S.I. 2005/1970.back

[11] The same definition of "operation control" appears at Annex 6, Part 1 and 3, chapter 1a of the Convention on International Civil Aviation (also known as the Chicago Convention) (Doc 7300/8 Eighth edition published 2000).back

[12] Published October 2004.back

[13] The City and Guilds of London Institute can be contacted at 1 Giltspur Street, London EC1A 9DD.back

[14] 2003 c.21.back

[15] 2003 c.21.back

[16] Reference Of 164, Version 1.10 (February 2005).back



ISBN 0 11 075195 7


 © Crown copyright 2006

Prepared 26 October 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20062786.html