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United Kingdom Statutory Instruments


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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[a] 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—

Time of Payment
    
3. There shall be paid to OFCOM—

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—

    (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—

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—

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



SCHEDULE
Regulations 4 to 7


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



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations are made by the Office of Communications ("OFCOM") under sections 21 and 22(2) of the Wireless Telegraphy Act 2006 (c.36) ("the Act") and having had regard to section 3 of the Act.

These Regulations provide for sums to be paid to OFCOM in respect of grants of recognised spectrum access grants made under section 18 of the Act. Regulation 3 makes provision for the sums payable to OFCOM as specified in, or determined in accordance with the provisions of these Regulations; and when such sums are payable. Regulations 4 to 7 set out the sum payable, or the calculations required to determine the sum payable, to OFCOM for grants of recognised spectrum access in respect of the frequency bands specified in the Schedule to these Regulations.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on OFCOM's website at
www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.


Notes:

[1] 2006 c.36back


[a] Amended by Correction Slip. Page 1, in the preamble, second paragraph, line two: "of the published notice" should read, "of the Act, published notice". back




ISBN 978 0 11 075810 7


 © Crown copyright 2007

Prepared 26 February 2007


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