ELECTRONIC COMMUNICATIONS Citation and commencement 1 These Regulations may be cited as the Wireless Telegraphy (Licence Charges) Regulations 2005 and shall come into force on 13th June 2005. Revocation 2 The Regulations set out in Schedule 1 are hereby revoked. Interpretation 3 1 In these Regulations— “the 1998 Act” means the Wireless Telegraphy Act 1998 ; “the 2003 Act” means the Communications Act 2003 ; “the “ 2004 Regulations ” means the Wireless Telegraphy (Spectrum Trading) Regulations 2004 ; “apparatus” means apparatus for wireless telegraphy; “base station” means a station which facilitates or controls communications between a mobile station and— itself; another mobile station; a fixed mobile station; or any electronic communications network; “channel” means a part of the radio frequency spectrum intended to be used for a transmission of signals, and defined by— two specified frequency limits; or by its centre frequency and the associated bandwidth, or by an indication equivalent to (a) or (b); “co-channel” means apparatus operating in an identical frequency or channel; “congested area” and “heavily congested area” means such part of the British Islands considered by OFCOM to have respectively congested and heavily congested use of the radio frequency spectrum for a specified class of licence and identified as such in Schedules 3 to 6 by reference to the grid squares of the 2nd series of Landranger maps published by the Ordnance Survey, and “non-congested area” shall be construed accordingly; “cross-polar” means the use of orthogonal polarisation to permit the re-use of identical frequencies or channels in the same area; “earth station” means a radio station situated either on the earth’s surface or within the earth’s atmosphere and is intended for communication with one or more: radio stations which are situated beyond, or are intended to be situated beyond, the earth’s atmosphere; or radio stations of the same kind by means of one or more reflecting satellites or other objects in space; “fixed link” means a connection by wireless telegraphy designed for use between two fixed points; “fixed mobile station” means a control point configured to operate in the manner of a mobile station; “hub” means a single fixed site connected to more than one fixed station via wireless telegraphy links operating in the same frequency bands; “licence” means a wireless telegraphy licence; “licensee” means the person to whom a licence is issued; “medium wave broadcasting band” means that part of the radio frequency spectrum between 526.5 kHz and 1606.5 kHz; “mobile station” means a station (other than a base station) intended to be used while in motion or during halts at unspecified points; “national channel” means a channel which the licensee is authorised to use throughout the United Kingdom; “prescribed payment interval” has the meaning given by regulation 4(1); “prescribed sum” means a fixed sum or variable sum which is payable to OFCOM under regulation 4(1)(c) or (d); “prescribed time” means the time when a sum is payable to OFCOM under regulation 4(1); “slot” means the smallest unit of the radio frequency spectrum used in the construction of a frequency plan, such that all bands, sub-bands, blocks and channels which are used in such plan are integer multiples of the slot size; “station” means a station for wireless telegraphy; “time slot” means a recurring time delimited proportion of a channel within which the transmission must be initiated and completed; “ UHF Band I ” means that part of the radio frequency spectrum between 410.00000 MHz and 449.49375 MHz; “ UHF Band II ” means that part of the radio frequency spectrum between 453.00625 MHz and 466.08750 MHz; “ VHF broadcasting band ” means that part of the radio frequency spectrum between 87.5 MHz and 108.0 MHz; “ VHF High Band ” means that part of the radio frequency spectrum between 165.04375 MHz and 173.09375 MHz; “ VHF Low Band ” means that part of the radio frequency spectrum between 68.08125 MHz and 87.49375 MHz; and “ VHF Mid Band ” means that part of the radio frequency spectrum between 137.96250 MHz and 165.04375 MHz. 2 Where these Regulations provide for the prescribed sum to be calculated by reference to a number of any of the following things— a base stations; b channels; c fixed links; d mobile stations; e national channels; f population; g regional channels; h slots; i stations, the number shall be taken to be the number the use of which is authorised by the licence at the prescribed time. 3 In relation to a Transmission of National and Local Radio Broadcasting Services Licence and a Community Radio Licence, a reference to the licensee’s coverage is a reference to the total population covered by the transmitters which the licensee is authorised to use in the medium wave broadcasting band or the VHF broadcasting band (as the case may be) as specified in the licence granted to the licensee, and “covered” shall be construed accordingly. 4 In relation to a Business Radio (Public Access Mobile Radio) Licence, a Business Radio (Public Wide Area Paging) Licence, a Business Radio (Public Mobile Data, Non-Voice) Licence and a Business Radio (Remote Meter Reading Operator) Licence, “regional channel” means a channel used for transmission at stations situated in an area specified in the licence. 5 In relation to a Coastal Station Radio (International) Licence and a Coastal Station Radio ( UK ) Licence — a “channels designated for emergency use” means channels 0, 00, 16, 67, 70 and 73 when used solely to assist Her Majesty’s Coastguard, and channels 10, 16 and 70 when used solely to assist the Secretary of State with oil pollution control activities; and b a reference to an international maritime channel means a channel specified in the table in Appendix 18 to the 2004 edition of the Radio Regulations . 6 In relation to a Programme Making and Special Events Fixed Site Licence, a Programme Making and Special Events Link Licence, a Programme Making and Special Events Low Power Licence, a UK Wireless Microphone (Annual) Licence and a UK Wireless Microphone (Biennial) Licence— a “area” in relation to a channel specified in such a licence refers to an area with a population coverage below 2 million individuals; b “designated website” means the website address (at www.jfmg.co.uk or at such other website address as may be notified by OFCOM to persons who, in their opinion, are likely to be affected by any change of address by publishing such a notice on OFCOM’s website, www.ofcom.org.uk ) of OFCOM’s agents managing and licensing in the classes of licence set out under the heading of Programme Making and Special Events in Schedule 2; c “multi use type (1)” in relation to a channel specified in such a licence refers to a maximum of 60 periods with each such period not exceeding 48 hours; d “multi use type (2)” in relation to a channel specified in such a licence refers to a maximum of 480 periods with each such period not exceeding 48 hours; e “occasional use” in relation to a channel specified in such a licence refers to a period not exceeding 48 hours; f “premium case” means a case where at the applicant’s request such a licence is granted or varied outside office hours; and for the purposes of this definition “office hours” means 09.00 to 17.00 hours from Monday to Friday other than on a day which is a bank holiday in England and Wales; g “primary” in relation to a channel specified in such a licence refers to use at any time; h “programme making” includes the making of a programme for broadcast, the making of a film presentation, advertisement or audio or video tape, and the staging or performance of an entertainment, sporting or other public event; i “programme sound link” in relation to a channel specified in such a licence refers to a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station; j “regional” in relation to a channel specified in such a licence refers to an area with a population coverage of 2 million individuals or more but below 12 million individuals; k “restricted service programme sound link” in relation to a channel specified in such a licence refers to a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station where the transmission is for a period not exceeding thirty consecutive days; l “secondary” in relation to a channel specified in such a licence refers to use when the channel or band is not being used by another licensee under a licence which authorises such use as a primary channel; m “shared” in relation to a channel specified in such a licence refers to use at the same time as such a channel may be used by a licensee under another licence; and n “variation” in relation to such a licence refers to the addition of a channel to the channel specified in such licence; and for the purpose of determining “population coverage” as referred to above, reference shall be made as appropriate to— i the estimated mid-year resident population for England and Wales for 2000 as shown in the “Office of National Statistics Population Estimates Mid-2000 for England and Wales” published in August 2001; ii the estimated mid-year resident population for Scotland for 2000 as shown in the “Mid-Year Population Estimates, Scotland” published in June 2001; and iii the estimated mid-year resident population for Northern Ireland for 2000 as shown in the “Annual Report of the Registrar General for Northern Ireland” published in November 2001. 7 In relation to a Satellite (Aircraft Earth Station) Licence, a Satellite (Earth Station Network) Licence and a Satellite (Earth Station on board Vessel) Licence, “network” means a uni- or bi-directional service from any number of earth station terminals to a single geo-stationary orbit satellite transponder transmitting in the earth to space direction. Licence charges and time of payment 4 1 Subject to paragraphs (2) to (10) and to regulations 5 and 6, there shall be paid to OFCOM by the licensee— a on the issue of the licence and on the variation of the licence where such variation is prescribed in Schedule 2; and b on the last day of the period of twelve, twenty-four, thirty-six or (as the case may be) sixty months prescribed in Schedule 2, if any, in respect of the class of licence in question (“prescribed payment interval”) and on the last day of each subsequent prescribed payment interval thereafter (the first prescribed payment interval having begun on the day of the issue of the licence) for which the licence continues in force, in relation to a licence of a class listed in Schedule 2— c the fixed sum specified in; or d the variable sum determined in accordance with the provisions of, that Schedule. 2 Except for the classes of licence listed under the heading “Programme Making and Special Events” in Schedule 2, where a licence is issued for a period less than a year, the sum payable shall be such sum as represents one-twelfth of the prescribed sum multiplied by the number of complete and part-complete months to the expiry of the licence. 3 The sum payable in accordance with paragraph (2) shall not be less than £20, and where such sum represents a fraction of a whole pound sterling then such sum shall be rounded up to the nearest pound sterling. 4 Paragraph (2) shall only apply to a licence in respect of which the fee otherwise payable for such licence is greater than £75 per annum. 5 Paragraph (7) shall apply to a licensee where— a a prescribed sum is payable by that licensee in respect of a licence under paragraph (1); b the licence is of one of the following classes— i the classes listed under the heading “Broadcasting” in Schedule 2; ii the classes listed under the heading “Fixed Links” in Schedule 2; iii the classes listed under the heading “Public Wireless Networks” in Schedule 2; iv the classes listed under the heading “Satellite Services” in Schedule 2; or v the classes listed under the heading “Business Radio” in Schedule 2; c the licence is granted for a period of a year or longer; and d the prescribed sum due for payment by the licensee is in excess of £100,000. 6 Paragraph (7) shall also apply to a licensee where— a prescribed sums are payable by that licensee under paragraph (1) in respect of more than one licence where all of those licences are of the same class and that class is one of the classes listed in paragraph (5)(b); b each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (1); c each of the prescribed sums is in respect of licences granted for a period of a year or longer; and d the total of the prescribed sums due for payment by the licensee are in excess of £100,000. 7 If OFCOM receive notice from a licensee to which this paragraph applies of the licensee’s intention to make payment in ten equal instalments of a sum equal to the prescribed sum referred to in paragraph (5) or equal to the total of the prescribed sums referred to in paragraph (6)(d), the licensee— a shall not be required to make payment at the prescribed time other than in accordance with this paragraph; and b shall make payment of the sum in ten equal instalment payments with the first instalment to be paid to OFCOM on the day which shall be the same day as the prescribed time when the prescribed sum or the prescribed sums were to be paid to OFCOM and each subsequent instalment to be paid on the same day in each of the nine consecutive months thereafter (or in a month in which there is no such day, on the last day of the month). 8 Where at any time the licensee fails to make payment in accordance with paragraph (7), the total of the outstanding instalment payments shall become immediately due for payment. 9 No sums shall be payable to OFCOM in respect of the issue of a licence in order to effect a transfer of rights and obligations under a licence to another person under regulation 8(5) of the 2004 Regulations. 10 For any licence issued in order to effect a transfer under the 2004 Regulations, the prescribed payment interval shall be treated as to commence and expire at the times when the corresponding prescribed payment interval would have commenced and expired under the licence from which the rights and obligations were transferred had the transfer not been made. Concessionary licence charges 5 1 This regulation applies where a relevant licence is granted to an applicant, or held by a licensee, which— a is a charity; and b has as its object the safety of human life in an emergency. 2 The sum to be paid by a qualifying charity to OFCOM under section 1 of the 1998 Act on the issue of a relevant licence, and on the last day of each of the prescribed payment intervals (if any), shall be one half of the prescribed sum. Where the sum so payable to OFCOM represents a fraction of a whole pound sterling then the sum payable by the qualifying charity shall be rounded up to the nearest whole pound sterling. 3 In this regulation— “charity” means a person who— being subject to the laws of England and Wales, or Scotland, or Northern Ireland, is a charity within the meaning of section 506(1) of the Income and Corporation Taxes Act 1988 ; being subject to the laws of the Isle of Man, is registered as a charity under the Charities Registration Act 1989 ; being subject to the laws of Guernsey, is a member for the time being of the Association of Guernsey Charities; or being subject to the laws of Jersey, is a member for the time being of the Association of Jersey Charities; and “qualifying charity” is a body falling within paragraph (1); and “relevant licence” means a licence of one of the following classes— all of the classes listed under the heading “Aeronautical” in Schedule 2; all of the classes listed under the heading “Maritime” in Schedule 2; and all of the classes listed under the heading “Business Radio” in Schedule 2. Other licence charges 6 Where a sum is not prescribed by regulations made under section 1 of the 1998 Act whether on the issue of a licence or subsequently, there shall be paid to OFCOM such sum as OFCOM may in the particular case determine. Kip Meek Senior Partner Content and Competition of the Office of Communications For and by authority of the Office of Communications 19th May 2005