Wireless Telegraphy Act 1998
| Jurisdiction | UK Non-devolved |
Wireless Telegraphy Act 1998
1998 Chapter 6
An Act to make provision about the grant of, and sums payable in respect of, licences under the Wireless Telegraphy Act 1949 other than television licences, and about the promotion of the efficient use and management of the electro-magnetic spectrum for wireless telegraphy and for connected purposes.
[18th March 1998]
B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Charges for wireless telegraphy licences.
(1) In this Act ‘wireless telegraphy licence’ means any licence under the Wireless Telegraphy Act 1949 other than a television licence as defined in section 1(7) of that Act.
(2) On the issue or renewal of a wireless telegraphy licence and, where regulations under this section so provide, subsequently at such times during the term of the licence as may be prescribed by the regulations, there shall be paid to the Secretary of State by the person to whom the licence is issued—
(a) such sums as may be prescribed by the regulations, or
(b) if the regulations so provide, such sums (whether on the issue or renewal of the licence or subsequently) as the Secretary of State may in the particular case determine.
(3) Regulations under this section—
(a) may make different provision for different cases (including, in particular, different provision for different areas),
(b) may confer exemptions from provisions of the regulations or provide for such exemptions to be conferred by the Secretary of State in particular cases,
(c) may provide for sums paid to be refunded, in whole or in part, in such cases as may be specified in the regulations or in such cases as the Secretary of State thinks fit, and
(d) may include such transitional provision as the Secretary of State thinks fit.
(4) Where sums will or may become payable under regulations under this section subsequently to the issue or renewal of a licence, the Secretary of State may, on the issue or renewal of the licence, require such security to be given, by way of deposit or otherwise, for the payment of the sums which will or may become payable as he thinks fit.
(5) Regulations under this section shall not apply in relation to any licence granted in accordance with regulations under section 3.
(6) Any regulations under section 2(1) of the Wireless Telegraphy Act 1949 which—
(a) relate to wireless telegraphy licences within the meaning of this Act, and
(b) are in force immediately before the commencement of this section,
shall be taken to have been made under this section and accordingly may be amended or revoked by regulations under this section.
(7) Any reference in a wireless telegraphy licence granted before the commencement of this section to section 2(1) of the Wireless Telegraphy Act 1949 shall be construed, in relation to any time after that commencement, as a reference to this section.
2 Matters to be taken into account.
(1) In exercising his powers under section 1 to prescribe sums payable in respect of wireless telegraphy licences of any description, the Secretary of State shall have regard, in particular, to the matters specified in subsection (2) and accordingly may, if he thinks fit, prescribe sums which are greater than would be necessary for the purposes of recovering costs incurred by him in connection with any functions relating to wireless telegraphy.
(2) Those matters are—
(a) the extent of the part of the electro-magnetic spectrum available for use under licences of that description,
(b) the demand and likely future demand for the use of the part of the electro-magnetic spectrum to be used under licences of that description, and
(c) the desirability of promoting—
(i) the efficient use and management of the electro-magnetic spectrum,
(ii) any economic benefits arising from the use of wireless telegraphy,
(iii) the development of innovative services, and
(iv) competition in the provision of telecommunication services.
(3) In this section—
‘prescribe’ means prescribe by regulations or determine in accordance with regulations
‘telecommunication service’ means a service falling within paragraph (a) of the definition of such a service in section 4(3) of the Telecommunications Act 1984 .
3 Bidding for licences.
(1) Having regard to the desirability of promoting the optimal use of the electro-magnetic spectrum, the Secretary of State may by regulations provide that, in such cases as may be specified in or determined by him under the regulations, applications for the grant of wireless telegraphy licences must be made in accordance with a procedure which—
(a) is set out in a notice issued by him under the regulations, and
(b) involves the making by the applicant of a bid specifying an amount which he is willing to pay to the Secretary of State in respect of the licence.
(2) Regulations under this section shall—
(a) make provision with respect to the issue of notices by the Secretary of State for the purposes of subsection (1)(a),
(b) provide for the matters to be dealt with in any such notice, and
(c) require any such notice to be published in such manner as may be prescribed.
(3) Regulations under this section may make provision with respect to the grant of the licences to which they apply and the terms, provisions and limitations subject to which such licences are issued and may, in particular—
(a) require the applicant's bid to specify the amount which he is willing to pay—
(i) as a cash sum or by reference to a variable to be determined in accordance with the regulations (such as, for example, his income attributable wholly or in part to the holding of the licence), and
(ii) as the amount of a single payment or as the amount of a periodic payment,
(b) specify requirements (such as, for example, technical or financial requirements, requirements relating to fitness to hold the licence and requirements intended to restrict the holding of two or more wireless telegraphy licences by any one person) which must be met by applicants for a licence,
(c) require any such applicant to pay a deposit to the Secretary of State,
(d) specify circumstances in which such a deposit is, or is not, to be refundable,
(e) specify matters to be taken into account by the Secretary of State (in addition to the bids made in accordance with the prescribed procedure) in deciding whether, or to whom, to grant a licence,
(f) specify the other terms, provisions and limitations subject to which any licence is to be issued,
(g) make any provision referred to in section 1(3), and
(h) enable provision (including provision falling within any of paragraphs (a) to (g)) to be made by the Secretary of State in a notice for the purposes of subsection (1)(a).
(4) Except to the extent that regulations under this section or a notice issued for the purposes of subsection (1)(a) otherwise provides, the issue of such a notice in respect of a particular licence does not bind the Secretary of State, on the completion of the procedure specified in the notice, to grant the licence.
(5) A wireless telegraphy licence granted in accordance with regulations under this section shall specify, or specify the method for determining, the sum or sums payable i n accordance with the applicant's bid for the licence and those sums shall be paid to the Secretary of State by the person to whom the licence is issued in accordance with the terms of the licence.
(6) Subsection (4) of section 1 shall apply in relation to sums that will or may become payable under regulations under this section...
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