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STATUTORY INSTRUMENTS
2007 No. 393
ELECTRONIC COMMUNICATIONS
The Wireless Telegraphy (Recognised Spectrum Access) Regulations 2007
| |
Made |
14th February 2007 | |
| |
Coming into force |
8th March 2007 | |
The Office of Communications ("OFCOM") make the following Regulations in exercise of the powers conferred by section 18(1)(b) and Schedule 2, paragraph 1 of the Wireless Telegraphy Act 2006[1] ("the Act").
Before making the Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice 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 the notice in accordance with section 122(4)(c) of the Act.
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.
Ed Richards
Chief Executive of the Office of Communications For and by the authority of the Office of Communications
14th February 2007
SCHEDULERegulation 2
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Frequency bands
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37.75-38.25 MHz |
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80.5-82.5 MHz |
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150.05-152.00 MHz |
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606-614 MHz |
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1.400-1.427 GHz |
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1.6106-1.6138 GHz |
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1.6600-1.6605 GHz |
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1.6605-1.6680 GHz |
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1.668-1.670 GHz |
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2.69-2.70 GHz |
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10.60-10.68 GHz |
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10.68-10.70 GHz |
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15.35-15.40 GHz |
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22.01-22.21 GHz |
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22.21-22.50 GHz |
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22.81-22.86 GHz |
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23.07-23.12 GHz |
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23.6-24.0 GHz |
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31.3-31.5 GHz |
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31.5-31.8 GHz |
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42.5-43.5 GHz |
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48.94-49.04 GHz |
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Site
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Location
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Jodrell Bank |
02° 18'26" W 53° 14'10" N |
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Cambridge |
00° 02'23" E 52° 10'06" N |
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Darnhall |
02° 32'46" W 53° 08'38" N |
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Pickmere |
02° 26'42" W 53° 16'44" N |
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Defford |
02° 08'10" W 52° 05'28" N |
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Knockin |
03° 00'40" W 52° 46'41" N |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations provide for the circumstances of use for which grants of recognised spectrum access may be made by the Office of Communications ("OFCOM").
Regulation 2 sets out these circumstances, which are: for wireless telegraphy stations or apparatus that are inherently incapable of transmission (regulation 2(a)); operating at the bands set out in the Schedule (regulation 2(b)); and at the sites listed in the Schedule to the Regulations (regulation 2(c)).
Regulation 3 provides that an application must be decided within six weeks of receipt of the application. Regulation 4 sets out the requirements that must be met for the grant of recognised spectrum access and regulation 5 sets out particulars of restrictions and conditions to which a grant may be subject.
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 the Office of Communications Internet web site at www.ofcom.org.uk. Copies of the assessment have also been placed in the libraries of both Houses of Parliament.
Notes:
[1]
2006 c.36back
ISBN
978 0 11 075811 4
| © Crown copyright 2007 |
Prepared
26 February 2007
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