The Wireless Telegraphy (Recognised Spectrum Access Charges) (Amendment) Regulations 2015 No. 1399

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Statutory Instruments

2015 No. 1399

Electronic Communications

The Wireless Telegraphy (Recognised Spectrum Access Charges) (Amendment) Regulations 2015

Made

18th June 2015

Coming into force

10th July 2015

The Office of Communications ("OFCOM") make the following Regulations in exercise of the powers conferred by sections 21, 22(2) and 22(3) 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 and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access Charges) (Amendment) Regulations 2015 and shall come into force on 10th July 2015.

Amendment of the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007

2.  The Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007(2) (the "principal Regulations") shall be amended in accordance with the following Regulations.

Amendments to regulation 8(b)

3.-(1) Regulation 8(b) of the principal Regulations is amended as follows.

(2) Omit the word "and" at the end of sub-paragraph (ii).

(3) In sub-paragraph (iii)-

(a)for "7750–7850 MHz", substitute "7750–7900 MHz"; and

(b)at the end of the sub-paragraph, for the full stop substitute a semi-colon and insert "and".

(4) After sub-paragraph (iii), insert-

"(iv)in the case of a grant of recognised spectrum access in respect of the use of the frequency band 25.5–26.5 GHz-

(aa)if the grant is for receiving a radio communications service from a geostationary satellite, multiplying the relevant sum in pounds sterling set out in Table 4 of Schedule 2 (as determined on the basis of the recognised interference level specified in that grant) by each whole MHz of radio frequency which is recognised in that grant; and

(bb)if the grant is for receiving a radio communications service from a non-geostationary spacecraft or any other non-geostationary object in space (including a satellite), multiplying the relevant sum in pounds sterling set out in Table 5 of Schedule 2 (as determined on the basis of the recognised interference level specified in that grant) by each whole MHz of radio frequency which is recognised in that grant.".

Amendment to Part 5 of Schedule 1

4.  In Part 5 of Schedule 1 to the principal Regulations, for the table substitute the following table-

"1690–1710 MHz

3600–4200 MHz

7750–7900 MHz

25.5–26.5 GHz"

Amendment to Schedule 2

5.  For Schedule 2 to the principal Regulations, substitute the following Schedule-

"SCHEDULE 2"

Table 1

Frequency band 1690–1710 MHz

Recognised Interference Level
–156 dBW/MHz to less than –146 dBW/MHz–146 dBW/MHz to less than –136 dBW/MHz–136 dBW/MHz or higher
Sum/MHz£63£37£19

Table 2

Frequency band 3600–4200 MHz

Recognised Interference Level
–161 dBW/MHz to less than –159 dBW/MHz–159 dBW/MHz to less than –149 dBW/MHz–149 dBW/MHz to less than –139 dBW/MHz–139 dBW/MHz or higher
Sum/MHz£20£17£9£4

Table 3

Frequency band 7750–7900 MHz

Recognised Interference Level
–156 dBW/MHz to less than –146 dBW/MHz–146 dBW/MHz to less than –136 dBW/MHz–136 dBW/MHz or higher
Sum/MHz£46£33£23

Table 4

Frequency band 25.5–26.5 GHz (geostationary)

Recognised Interference Level
–159 dBW/MHz to less than –149 dBW/MHz–149 dBW/MHz to less than –139 dBW/MHz–139 dBW/MHz or higher
Sum/MHz£4£2£1

Table 5

Frequency band 25.5–26.5 GHz (non-geostationary)

Recognised Interference Level
–159 dBW/MHz to less than –149 dBW/MHz–149 dBW/MHz to less than –139 dBW/MHz–139 dBW/MHz or higher
Sum/MHz£20£10£5

Philip Marnick

Group Director, Spectrum Group of the Office of Communications

For and by the authority of the Office of Communications

18th June 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007 (S.I. 2007/392, amended by S.I. 2011/2762), which prescribe the charges payable to the Office of Communications ("OFCOM") in respect of grants of recognised spectrum access.

These Regulations set out the charges payable in respect of grants of recognised spectrum access for receive-only stations operating within certain frequency bands.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from OFCOM's website at http://www.ofcom.org.uk or from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Copies of this assessment have also been placed in the library of the House of Commons.


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