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2003 No. 2983

ELECTRONIC COMMUNICATIONS

The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2003

  Made 19th November 2003 
  Coming into force 16th December 2003 

Whereas the Secretary of State has, by virtue of section 6(1) of the Wireless Telegraphy Act 1998 ("the 1998 Act")[1] (which applies to the Secretary of State by virtue of section 408(1), (2) and (3)(b) of the Communications Act 2003 ("the 2003 Act")[2] and article 3(1) of the Communications Act 2003 (Commencement No. 1) Order 2003[3]), given notice as required by paragraph (a) of subsection (4) of section 403 of the 2003 Act and published notice as required by paragraph (b) of that subsection and has considered the representations made to her before the time specified in the notice; and

     Whereas the Secretary of State, in making these Regulations, has had regard to the matters specified in section 154 of the 2003 Act:

     Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and (by virtue of section 408(1), (2) and (3)(b) of the 2003 Act and article 3(1) of the Communications Act 2003 (Commencement No. 1) Order 2003) 2(2) of the 1998 Act hereby makes the following Regulations - 

Citation, commencement and extent
     1. These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2003 and shall come into force on 16th December 2003.

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

Amendments
     3. The Wireless Telegraphy (Licence Charges) Regulations 2002[4] are hereby amended as follows - 


(iv) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Fixed Site" the words "a single channel talk-back or radio microphone channel, a multi-channel talk back or radio microphone channel or a wide band channel" shall be substituted for the words "an occasional use channel or a restricted service programme sound link channel, the sum payable on issue in respect of such channel, and for any other variation of a licence," in the column under the heading "Variable sums";

(v) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Link" after the words "For multi use type (1) channels:" in the column under the heading "Variable sums" - 

(vi) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Link" after the words "For multi use type (2) channels:" in the column under the heading "Variable sums" - 

(vii) under the heading "Programme Making and Special Events" in relation to the licence class "Programme Making and Special Events Link" in the column under the heading "Variable sums";

where they appear in the column under the heading "Variable sums"; and


Stephen Timms,
Minister of State for Energy, E-commerce and Postal Services, Department of Trade and Industry

19th November 2003


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 2002 (S.I. 2002/1700) (the "Principal Regulations"). These Regulations do not extend to the Channel Islands or to the Isle of Man.

The Principal Regulations are amended by the addition of an option of payment of charges for certain wireless telegraphy licences granted under section 1 of the Wireless Telegraphy Act 1949 (c. 54) by ten monthly instalments rather than in one lump sum payment at the prescribed time. The option is available to licensees where charges for one or more than one licence are payable in respect of licences falling within one of the licence classes listed, the licence is (or the licences are) to be granted for a period greater than a year, payment is to be made at the same prescribed time and the charge or charges exceed £100,000.

The Principal Regulations have been amended to expand the list of licence classes which qualify for the reduction in the prescribed sum payable by a charity for licences in accordance with Regulation 5(2) of the Principal Regulations.

In the Aeronautical sector certain licence classes have been renamed. The Aeronautical Ground Station (Airfield Flight Information Service) class of licence has been renamed Aeronautical Ground Station (Air to Ground and Flight Information Service) and the charge has been altered. The Aeronautical Navigational Aids and Radar class of licence has been renamed Aeronautical Navigation Aids. New licence classes have also been added. The reduced charges which applied under the Aircraft licence, where aircraft had not recorded more than 100 flying hours, have been removed.

For Fixed Links, a new Self Co-ordinated Links class of licence has been added to the Principal Regulations, a new charging structure applies for the Scanning Telemetry licence class and the Un-co-ordinated Links licence class has been removed.

A GSM-R (Railway Use) class has been added to the Private Business Radio sector.

For the Programme Making and Special Events sector the charges payable on issue and variation of certain licence classes have been altered. New charges have been added for the Programme Making and Special Events Link class.

The fee payable in the Public Wireless Networks sector for the licence class Public Mobile Operator for licences at 410-430 MHz (for digital TETRA public access mobile radio) has been altered.

In the Satellite Services sector a new minimum charge for a Permanent Earth Station licence is now set at £175.

In the Science and Technology sector the licence class Unspecified Temporary Radio Use has been renamed Non-Operational Temporary Use and the licence class Testing and Development has been renamed Non-Operational Development.

These Regulations have been made in accordance with the 1998 Act as amended by the 2003 Act. Since the 2003 Act has not been extended to the Channel Islands or the Isle of Man the amendments it makes to the 1998 Act do not apply to the Channel Islands or the Isle of Man. Separate regulations, which amend the Principal Regulations for the Channel Islands and the Isle of Man, have been made under the 1998 Act.

A full regulatory impact assessment and report of the effect that these Regulations would have on the costs to business is available to the public from the Office of Communications Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the Office of Communications Internet web site at www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.

Notes:

[1] 1998 c. 6. Sections 2 and 6 of the 1998 Act were amended by the Communications Act 2003 (c. 21) by section 406 and Schedule 17, paragraphs 147 and 150 respectively.back

[2] 2003 c. 21.back

[3] S.I. 2003/1900 (c. 77).back

[4] S.I. 2002/1700.back


ISBN 0 11 048193 3


  Prepared 25 November 2003

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032983.html