Notice of Ofcom’s proposal to make the Wireless Telegraphy (Licensing Procedures) Regulations 2010

Summary

Executive Summary

1.1 This Notice of Ofcoms (the Office of Communications) Proposal to make the Wireless Telegraphy (Licensing Procedures) Regulations 2010 (the Notice) outlines the our proposal to make the Wireless Telegraphy (Licensing Procedures) Regulations 2010 (the Proposed Regulations). Under sub-paragraph 1(1) of Schedule 1 to the Wireless Telegraphy Act 2006 (the WT Act), an application for a grant of a WT Act licence is determined in accordance with procedures prescribed in regulations made by us.

1.2 The Proposed Regulations specify the time limits within which a decision on the application for the grant of a WT Act licence must be made, notified to the applicant and published by us. They set out the requirements that must be met by prospective licensees applying for the grant of a WT Act licence. They also provide information on the terms, provisions and limitations that licensees may be subject to.

1.3 Current licensing procedures are outlined in the Wireless Telegraphy (Licensing Procedures) Regulations 2006 (the Procedures Regulations) ^(-1-). We are proposing to revoke the Procedures Regulations and replace them with the Proposed Regulations. Therefore, this document gives notice of our proposal to do so.

1.4 The Procedures Regulations reference the Wireless Telegraphy Act Licences (Terms, Provisions and Limitations) 2006 (the Procedures Booklet) ^(-2-). The Procedures Booklet includes a sample licence for each class showing the terms, provisions and limitations that apply. We are also proposing to replace the Procedures Booklet with the Wireless Telegraphy Act Licences (Terms, Provisions and Limitations) 2010 (the Proposed Booklet) to incorporate the changes in the Proposed Regulations. A copy of the Proposed Booklet can be found on our website ^(-3-)

1.5 In accordance with the requirements of subsection 122(4) of the WT Act, this document enables stakeholders to comment on the Proposed Regulations. We do not consider it appropriate to first conduct a policy consultation on the Proposed Regulations, as the changes that we are planning to introduce are administrative and reflect existing practices.

1.6 The document is structured as follows:

• Section 2 provides notice of the Proposed Regulations;
• Section 3 outlines the general effects of the Proposed Regulations;
• Annexes 1 3 explain our consultation principles and how to respond to this Notice;
• Annex 4 presents an Impact Assessment on the Proposed Regulations; and
• Annex 5 contains a copy of the Proposed Regulations.

1.7 An impact assessment for the Proposed Regulations is available at Annex 4 to this document. The Proposed Regulations are included in this document at Annex 5. Further copies may be obtained from www.ofcom.org.uk or from Ofcom at Riverside House, 2a Southwark Bridge Road, London SE1 9HA.

1.8 Comments on the Proposed Regulations are invited by 5pm on 17 May 2010. Subject to consideration of responses, we intend to bring the final regulations into force by July 2010.

Footnotes:

  1.-http://www.opsi.gov.uk/si/si2006/20062785.htm

  2.-http://www.ofcom.org.uk/radiocomms/ifi/wtf/

  3.-http://www.ofcom.org.uk/consult/condocs/wt_regs2010/