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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wireless Telegraphy (Licence Charges) Regulations 2020 No. 1068 URL: http://www.bailii.org/uk/legis/num_reg/2020/uksi_20201068_en_1.html |
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Statutory Instruments
Electronic Communications
Made
30th September 2020
Coming into force
21st October 2020
The Office of Communications ("OFCOM"), in exercise of the powers conferred by sections 12, 13(2) and 122(7) of the Wireless Telegraphy Act 2006(1)(2) ("the Act"), make the following Regulations.
Before making these 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.
1. These Regulations may be cited as the Wireless Telegraphy (Licence Charges) Regulations 2020 and shall come into force on 21st October 2020.
2.-(1) In these Regulations-
"the 2000 Regulations" means the Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations 2000(3);
"the 2012 Regulations" means the Wireless Telegraphy (Spectrum Trading) Regulations 2012(4);
"the Act" means the Wireless Telegraphy Act 2006;
"apparatus" means apparatus for wireless telegraphy;
"Band I" means the band 55.750-68.00 MHz, with the exception of the sub-bands 60.750-62.750 MHz and 67.750-67.8375 MHz;
"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 electromagnetic spectrum intended to be used for a transmission of signals and defined by-
two specified frequency limits;
its centre frequency and the associated bandwidth; or
an indication equivalent to (a) or (b);
"co-channel" means apparatus operating in an identical frequency or channel;
"core London area" means the area within a circle which has a 22 kilometre radius from Charing Cross, London, which is located at grid square reference TQ 302 805;
"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;
"erp" means effective radiated power of transmission;
"exclusive basis" means authorised use of a channel which is not shared with any other licensee;
"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;
"grid square" means a National Grid square of the 2nd series of Landranger maps published by the Ordnance Survey;
"heavy congestion area" means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM to have a heavily congested use of the electromagnetic spectrum for a specified class of licence;
"high population area" means such part of the British Islands being in an area listed in Schedule 5 and identified by reference to a grid square which is considered by OFCOM to have a high proportion of the population;
"high usage bands" mean either of UHF Band I and II and the VHF High Band;
"hub" means a single fixed site connected to more than one fixed station via wireless telegraphy links operating in the same frequency bands;
"large coverage area" means-
in relation to a Coastal Station Radio (International) licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of-
erp greater than or equal to 24 Watts where antenna height is greater than or equal to 10 metres above mean sea level;
erp greater than or equal to 10 Watts where antenna height is greater than or equal to 20 metres above mean sea level;
erp greater than or equal to 5 Watts where antenna height is greater than or equal to 30 metres above mean sea level;
in relation to a Coastal Station Radio (UK) licence an area within which wireless telegraphy is authorised under a licence condition permitting-
erp greater than 5 Watts where antenna height is greater than 10 metres above ground level; or
erp less than or equal to 5 Watts where antenna height is greater than 30 metres above ground level; and
in relation to any other licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of-
erp greater than 5 Watts where antenna height is greater than 10 metres above ground level;
erp less than or equal to 5 Watts where antenna height is greater than 30 metres above ground level;
transmission within a circular area which has a radius greater than 15 kilometres but less than or equal to 30 kilometres;
"licence" means a wireless telegraphy licence;
"light congestion area" means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM to have a lightly congested use of the electromagnetic spectrum for a specified class of licence;
"low population area" means such part of the British Islands being an area listed in Schedule 5 and identified by reference to a grid square which is considered by OFCOM to have a low proportion of the population;
"low usage bands" mean the band 133 kHz-147 kHz, the 26.225 MHz band, the 49.49375 MHz band, VHF Band I and the VHF Low Band;
"medium congestion area" means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM to have a medium level of congested use of the electromagnetic spectrum for a specified class of licence;
"medium coverage area" means-
in relation to a Coastal Station Radio (International) licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of-
erp greater than 10 Watts where antenna height is less than 10 metres above mean sea level;
erp greater than 7 Watts but less than 24 Watts where antenna height is greater than 5 metres above mean sea level but less than 20 metres above mean sea level;
erp greater than 3 Watts but less than 10 Watts where antenna height is greater than 10 metres above mean sea level but less than 30 metres above mean sea level;
erp greater than 1.5 Watts but less than 5 Watts where antenna height is greater than 20 metres above mean sea level;
erp less than 5 Watts where antenna height is greater than 30 metres above mean sea level;
in relation to a Coastal Station Radio (UK) licence an area within which wireless telegraphy is authorised under a licence condition permitting-
erp less than or equal to 5 Watts where antenna height is greater than 10 metres above ground level and less than or equal to 30 metres above ground level; or
erp greater than 5 Watts where antenna height is less than or equal to 10 metres above ground level; and
in relation to any other licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of-
erp less than or equal to 5 Watts where antenna height is greater than 10 metres above ground level and less than or equal to 30 metres above ground level;
erp greater than 5 Watts where antenna height is less than or equal to 10 metres above ground level;
transmission within a circular area which has a radius greater than 3 kilometres but less than or equal to 15 kilometres;
"medium frequency" means that part of the electromagnetic spectrum between 531 kHz and 1602 kHz;
"medium population area" means such part of the British Islands being an area listed in Schedule 5 and identified by reference to a grid square which is considered by OFCOM to have a medium proportion of the population;
"medium usage bands" mean VHF Band III and the VHF Mid Band;
"medium wave broadcasting band" means that part of the electromagnetic 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;
"non-congestion area" means such part of the British Islands being in an area listed in Schedule 8 and identified by reference to a grid square which is considered by OFCOM not to have a congested use of the electromagnetic spectrum for a specified class of licence;
"OFCOM" means the Office of Communications;
"outer London area" means all of the area, other than the core London area, which is within a circle having a 112 kilometre radius from Charing Cross, London, which is located at grid square reference TQ 302 805;
"prescribed payment interval" has the meaning given by regulation 4(1);
"prescribed sum" means a fixed sum or a 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);
"shared basis" means authorised use of a channel which is shared with another licensee;
"slot" means the smallest unit of the electromagnetic 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;
"small coverage area" means-
in relation to a Coastal Station Radio (International) licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of-
erp less than or equal to 10 Watts where antenna height is less than or equal to 5 metres above mean sea level;
erp less than or equal to 7 Watts where antenna height is less than or equal to 10 metres above mean sea level;
erp less than or equal to 3 Watts where antenna height is less than or equal to 20 metres above mean sea level;
erp less than or equal to 1.5 Watts where antenna height is less than or equal to 30 metres above mean sea level;
in relation to a Coastal Station Radio (UK) licence an area within which wireless telegraphy is authorised under a licence condition permitting erp less than or equal to 5 Watts where antenna height is less than or equal to 10 metres above ground level; and
in relation to any other licence an area within which wireless telegraphy is authorised under a licence condition permitting one or more of-
erp less than or equal to 5 Watts where antenna height is less than or equal to 10 metres above ground level;
transmission within a circular area which has a radius less than or equal to 3 kilometres;
"station" means a station for wireless telegraphy;
"UHF Band I and II" means that part of the electromagnetic spectrum between 410 MHz and 470 MHz;
"VHF Band I" means that part of the electromagnetic spectrum between 55.75 MHz and 68.0 MHz;
"VHF Band III" means that part of the electromagnetic spectrum between 177.20625 MHz and 207.49375 MHz;
"VHF broadcasting band" means that part of the electromagnetic spectrum between 87.5 MHz and 108.0 MHz;
"VHF High Band" means that part of the electromagnetic spectrum between 165.04375 MHz and 173.09375 MHz;
"VHF Low Band" means that part of the electromagnetic spectrum between 68.08125 MHz and 87.49375 MHz; and
"VHF Mid Band" means that part of the electromagnetic 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) congestion areas;
(d) fixed links;
(e) grid squares;
(f) mobile stations;
(g) national channels;
(h) population;
(i) regional channels;
(j) slots;
(k) stations,
the number shall be taken to be the number the use of which is authorised by the licence at the pre-scribed 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 Coastal Station Radio (International) licence, a Coastal Station Radio (UK) licence, a Coastal Station Radio (International) Area Defined licence and a Coastal Station Radio (UK) Area Defined licence-
(a) "excluded channels" means-
(i) channels 0 (156.000 MHz), 00 (160.600 MHz), 10 (156.500 MHz), 67 (156.375 MHz) and 73 (156.675 MHz) and the channel on 161.225 MHz, when used solely to assist Her Majesty's Coastguard, and when used solely to assist the Secretary of State with oil pollution control activities; and
(ii) channels 6 (156.300 MHz), 8 (156.400 MHz), 13 (156.650 MHz), 15 (156.750 MHz), 16 (156.800 MHz), 17 (156.850 MHz), 23 (157.150 and 161.750 MHz), 70 (156.525 MHz), 72 (156.625 MHz), 75 (156.775 MHz), 76 (156.825 MHz), 77 (156.875 MHz), 84 (157.225 and 161.825 MHz) and 86 (157.325 and 161.925 MHz); and
(b) a reference to an international maritime channel means a channel specified in the table in Appendix 18 to the 2020 edition of the Radio Regulations.
(5) 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 three million individuals;
(b) "designated website" means OFCOM's website address (at www.ofcom.org.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;
(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 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) "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;
(k) "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;
(l) "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
(m) "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 for 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.
(6) In relation to a Satellite (Earth Station Network) licence "network" means a one-way or two-way service from any number of earth station terminals to a single geo-stationary orbit satellite transponder transmitting in the earth to space direction.
(7) In relation to an Aeronautical Station (Aerodrome Surface and Operational Control) licence, an Aeronautical Station (Aeronautical Broadcast) licence, an Aeronautical Station (Aircraft Communications Addressing and Reporting System) licence, an Aeronautical Station (Air/Ground, Aerodrome Flight Information Service and Tower) licence, an Aeronautical Station (Approach) licence, an Aeronautical Station (Area Control) licence, an Aeronautical Station (Offshore) licence and an Aeronautical Station (Very High Frequency Data Link) licence-
(a) "area service" means a two-way wireless telegraphy service between a ground station and an aircraft which is authorised under a licence within a designated operational coverage in which the horizontal plane is polygonal in shape;
(b) "aeronautical broadcast service" means a one-way wireless telegraphy service from a ground station which is authorised under a licence within a designated operational coverage in which the horizontal plane is circular in shape;
(c) "circular service" means a two-way wireless telegraphy service from a ground station and an aircraft which is authorised under a licence within a designated operational coverage in which the horizontal plane is circular in shape;
(d) "designated operational coverage" means a three-dimensional portion of airspace within which the provision of a wireless telegraphy service is authorised; and
(e) "excluded channels" means channels 121.5 MHz, 121.6 MHz and 123.1 MHz.
3. The Regulations set out in Schedule 1 are hereby revoked.
4.-(1) Subject to paragraphs (2) to (11) and to regulations 5, 6 and 7, 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 (the "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, if any, specified in; and
(d) the variable sum, if any, determined in accordance with the provisions of,
that Schedule.
(2) Paragraph (4) shall apply to a licence where-
(a) the licence is of any class other than:
(i) those listed under the heading "Programme Making and Special Events" in Schedule 2;
(ii) the Self Co-ordinated Links licence class (which is listed under the heading "Fixed Links" in Schedule 2); and
(iii) the Demonstration and Trial licence class (which is listed under the heading "Science and Technology" in Schedule 2); and
(b) the sum otherwise payable for such licence is £75 or more per annum.
(3) Paragraph (4) shall apply also to-
(a) a licence within the Point to Point Fixed Links licence class (which is listed under the heading "Fixed Links" in Schedule 2) where the sum otherwise payable for such licence is less than £75 per annum; and
(b) a licence within the Aircraft licence class (which is listed under the heading "Aeronautical" in Schedule 2) where the sum otherwise payable for such licence is £75 or more for a prescribed payment interval.
(4) Where a licence to which this paragraph applies is issued for a period of less than the prescribed payment interval the sum payable shall, subject to paragraph (5), be such sum as represents a proportion of the prescribed sum corresponding to one month of the prescribed payment interval multiplied by the number of complete and part-complete months to the expiry of the licence.
(5) The sum payable in accordance with paragraph (4) shall-
(a) where such sum represents a fraction of a whole pound sterling be rounded up to the nearest pound sterling;
(b) where the licence is of the Shared Access (Low Power) or Shared Access (Medium Power) licence class (listed under the heading "Spectrum Access" in Schedule 2), be subject to a minimum of £32; and
(c) otherwise be subject to a minimum of £20.
(6) Paragraph (8) shall apply to a licensee where-
(a) a prescribed sum is payable by that licensee in respect of a licence under paragraph (1) or regulation 7(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 "Business Radio" in Schedule 2;
(iii) the classes listed under the heading "Fixed Links" in Schedule 2;
(iv) the classes listed under the heading "Public Wireless Networks" in Schedule 2;
(v) the classes listed under the heading "Satellite Services" in Schedule 2;
(vi) the classes Shared Access (Low Power) and Shared Access (Medium Power) listed under the heading "Spectrum Access" in Schedule 2; or
(vii) the class "Spectrum Access 28 GHz" under regulation 7(1);
(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.
(7) Paragraph (8) shall also apply to a licensee where-
(a) prescribed sums are payable by that licensee under paragraph (1) or regulation 7(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 (6)(b);
(b) each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (1) or regulation 7(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 is in excess of £100,000.
(8) 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 (6) or equal to the total of the prescribed sums referred to in paragraph (7)(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).
(9) Where at any time the licensee fails to make payment in accordance with paragraph (8), the total of the outstanding instalment payments shall become immediately due for payment.
(10) 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 9(3) of the 2012 Regulations.
(11) For any licence issued in order to effect a transfer under the 2012 Regulations, the prescribed payment interval shall be treated so 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.
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 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, 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 paragraph 1(1) of Schedule 6 to the Finance Act 2010;
being subject to the laws of the Isle of Man, is registered as a charity under the Charities Registration and Regulation Act 2019;
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 registered as a charity under the Charities (Jersey) Law 2014;
"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 "Business Radio" in Schedule 2; and
all of the classes listed under the heading "Maritime" in Schedule 2 apart from Ship Radio and Ship Portable Radio.
6. Where a sum is not prescribed by regulations made under section 12 of the 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.
7.-(1) On 5th January 2021 and on each anniversary of that date, each holder of a licence of the Spectrum Access 28 GHz licence class granted under the procedure set out in a notice made under the 2000 Regulations which authorises use of frequencies within the frequency bands 28.0525–28.4445 GHz and 29.0605–29.4525 GHz shall pay to OFCOM the sums specified in paragraph (2).
(2) The sums which must be paid in accordance with paragraph (1) comprise-
(a) £703.63 for each 2 x 1 MHz channel which is authorised by the licence in Region A as described in Part 1 of the Schedule to the 2000 Regulations;
(b) £520.17 for each 2 x 1 MHz channel which is authorised by the licence in Region B as described in Part 1 of the Schedule to the 2000 Regulations;
(c) £380.20 for each 2 x 1 MHz channel which is authorised by the licence in Region C as described in Part 1 of the Schedule to the 2000 Regulations;
(d) £341.22 for each 2 x 1 MHz channel which is authorised by the licence in Region I as described in Part 1 of the Schedule to the 2000 Regulations;
(e) £263.97 for each 2 x 1 MHz channel which is authorised by the licence in Region J as described in Part 1 of the Schedule to the 2000 Regulations;
(f) £372.72 for each 2 x 1 MHz channel which is authorised by the licence in Region L as described in Part 1 of the Schedule to the 2000 Regulations; and
(g) £64.40 for each 2 x 1 MHz channel which is authorised by the licence in Region N as described in Part 1 of the Schedule to the 2000 Regulations.
where-
"AS" means the appropriate sum;
"Avf" means the Availability Factor, being the number in Column 2 of the table set out in Part 5 as determined by the Availability (in per cent) as set out in Column 1 of that table;
"Bf" means the Band Factor, being the number in Column 2 of the table set out in Part 2 as determined by the range of frequency band (in GHz), if any, of a fixed link set out in Column 1 of that table in which the licensee's band falls as declared by the licensee on application for a licence;
"Bwf" means the Bandwidth Factor, subject to paragraph 3, being the number corresponding to the bandwidth (in MHz) of a co-ordinated two-way fixed link (or a part thereof) as declared by the licensee on application for a licence;
"MPL" means the Minimum Path Length, being the number corresponding to the applicable (depending on the amount of data that can be transmitted over the bandwidth ("the data rate") or over the channel width for analogue systems) length of the path (in kilometres) specified in Columns 2 and 3 of tables 1 or 2 set out in Part 4 as determined by the range of frequency band (in GHz), if any, of a fixed link set out in Column 1 of those respective tables in which the licensee's band falls as declared by the licensee on application for a licence;
"PL" means the Path Length, being the number corresponding to the distance (in kilometres) between two fixed points of the link as declared by the licensee on application for a licence;
"Plf" means the Path Length Factor, being the number in Column 2 of the table set out in Part 3 as determined by the relationship between the PL and the MPL as set out in Column 1 of that table except for the Channel Islands and the Isle of Man, where Plf is 1; and
"Sp" means the Spectrum Price, being a fixed sum of £88 per 2 x 1 MHz bandwidth for each co-ordinated two-way fixed link.
3. Where the number of the bandwidth (in MHz) of a co-ordinated two-way fixed link (or a part thereof) as set out in the licensee's licence is less than 1.0, the number of the Bandwidth Factor shall be 1.0.
| Column 1: Range of frequency band (fb)(in GHz) | Column 2: Band Factor |
|---|---|
| 1.35 = fb < 2.69 | 1.0 |
| 3.60 = fb < 4.20 | 1.0 |
| 5.92 = fb < 7.13 | 0.74 |
| 7.42 = fb < 8.50 | 0.74 |
| 10.70 = fb < 11.70 | 0.43 |
| 12.75 = fb < 15.35 | 0.43 |
| 17.30 = fb < 19.70 | 0.30 |
| 21.20 = fb < 23.60 | 0.30 |
| 24.50 = fb < 29.06 | 0.26 |
| 31.00 = fb < 31.80 | 0.26 |
| 31.80 = fb < 33.40 | 0.26 |
| 37.00 = fb < 39.50 | 0.26 |
| 49.20 = fb < 57.00 | 0.17 |
| Column 1: Relationship between PL and MPL | Column 2: Path Length Factor |
|---|---|
| MPL = PL | 1 |
| MPL > PL | Smaller of (MPL / PL)0.5 and 4 |
| Column 1: Range of frequency band (fb)(in GHz) | Column 2: MPL (km) where the data rate is < 2 MBit/s or, for analogue systems, where the channel width is < 2 MHz | Column 3: MPL (km) where the data rate is = 2 MBit/s or, for analogue systems, where the channel width is = 2 MHz |
|---|---|---|
| 1.35 = fb < 2.69 | 0 | 30 |
| Column 1: Range of frequency band (fb)(in GHz) | Column 2: MPL (km) where the data rate is < 140 MBit/s or, for analogue systems, where the channel width is < 140 MHz | Column 3: MPL (km) where the data rate is = 140 MBit/s or, for analogue systems, where the channel width is = 140 MHz |
|---|---|---|
| 3.60 = fb < 4.20 | 24.5 | 16 |
| 5.92 = fb < 7.13 | 24.5 | 16 |
| 7.42 = fb < 8.50 | 15.5 | 9.5 |
| 10.70 = fb < 11.70 | 10 | 6 |
| 12.75 = fb < 15.35 | 9.5 | 5.5 |
| 17.30 = fb < 19.70 | 4 | 2.5 |
| 21.20 = fb < 23.60 | 4 | 2 |
| 24.50 = fb < 29.06 | 3 | 2 |
| 31.00 = fb < 31.80 | 0 | 0 |
| 31.80 = fb < 33.40 | 2 | 1.5 |
| 37.00 = fb < 39.50 | 0 | 0 |
| 49.20 = fb < 57.00 | 0 | 0 |
| Column 1: The percentage of Availability | Column 2: Availability Factor |
|---|---|
| Availability = 99.9% | 0.7 |
| 99.9% < Availability < 99.99% | 0.7 + (Availability x 100 – 99.9) × (0.3 / 0.09) |
| 99.99% = Availability | 1.0 + (Availability x 100 – 99.99) × (0.4 / 0.009) |
Schedule 2
1. In this Part, subject to paragraph 3, "the appropriate sum" means the amount in pounds sterling, which is payable for a Satellite (Permanent Earth Station) licence, calculated in accordance with the formula set out in paragraph 2.
2. The formula is-
where-
"AS" means the appropriate sum;
"bands" mean the numbers listed in Column 1 of the table set out in Part 2, corresponding to the range of frequency band listed in Column 2 of that table which are authorised by the licence;
"BF band " means the band factor applying to each band, being the number in Column 3 of the table set out in Part 2 corresponding to the band listed in Column 1 of the same table;
"paths band " means the set of those transmission paths authorised by the licence for which the authorised transmission frequency lies within the frequency range of each band as set out in Column 2 of the table set out in Part 2;
"P path " means the authorised peak transmit power (in Watts) at the flange of the antenna of the earth station for each transmission path;
"BW path " means the authorised transmit bandwidth (in MHz) for each transmission path; and
"transmission path" means a combination of a satellite earth station transmitter, a satellite receiver, a transmission frequency, and polarisation for which transmissions are authorised by the licence.
3. Where the amount in pounds sterling calculated in accordance with the formula set out in paragraph 2 is less than £500, the appropriate sum shall be £500.
| Column 1: band | Column 2: Range of frequency band (fb) (in GHz) | Column 3: Band factor |
|---|---|---|
| 1 | fb < 5 | 2.33 |
| 2 | 5 = fb < 10 | 1.72 |
| 3 | 10 = fb < 16 | 1.00 |
| 4 | 16 = fb < 24 | 0.70 |
| 5 | fb = 24 | 0.60 |
4. The appropriate sum is the amount in pounds sterling which is payable for each earth station operating in one of the bands specified in Columns 2, 3 or 4 of the table below as determined by the range of p specified in Column 1 of that table in which the licensee's network falls.
5. In this Part-
(a) "OMP" means the number corresponding to the number of the Operational Maximum Power (in Watts) as declared by the licensee on application for the earth station licence;
(b) "p" means the product of OMP multiplied by WBW; and
(c) "WBW" means the number corresponding to the number of the widest bandwidth (in MHz) as declared by the licensee on application for the licence.
| Column 1: Range of p | Column 2: Fee (£) per earth station in the band 5.925–7.075 GHz | Column 3: Fee (£) per earth station in the band 13.78–14.5 GHz | Column 4: Fee (£) per earth station in any of the bands 27.5–27.8185 GHz, 28.4545–28.8265 GHz and 29.4625–30 GHz |
|---|---|---|---|
| 0 < p = = 100 | 500 | 300 | 200 |
| 100 < p = = 2,500 | 2,400 | 1,400 | 800 |
| p > 2,500 | 7,400 | 4,300 | 2,600 |
Regulation 2(1)
| Grid Square References | ||||
|---|---|---|---|---|
| High population areas | TQ 000 500 | |||
| Medium population areas | NJ 500 000 | SJ 000 500 | SP 500 000 | TA 000 000 |
| NO 000 000 | SJ 500 500 | SS 500 500 | TF 000 000 | |
| NS 000 500 | SJ 500 000 | ST 000 500 | TG 000 000 | |
| NS 500 500 | SK 000 500 | ST 500 500 | TL 000 500 | |
| NT 000 500 | SK 500 500 | ST 000 000 | TL 000 000 | |
| NW 000 000 | SK 000 000 | SU 000 500 | TL 500 000 | |
| NZ 000 500 | SK 500 000 | SU 500 500 | TM 000 000 | |
| NZ 000 000 | SO 500 500 | SU 000 000 | TQ 500 500 | |
| SD 000 000 | SO 500 000 | SU 500 000 | TQ 000 000 | |
| SD 500 000 | SP 000 500 | SX 000 500 | TQ 500 000 | |
| SE 000 000 | SP 500 500 | SX 500 500 | TR 000 500 | |
| SE 500 000 | SP 000 000 | SZ 000 500 | ||
| Low population areas | All grid square references for 50 kilometre × 50 kilometre areas other than those listed in this Schedule. | |||
Schedule 2
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Area | Charge for high usage band | Charge for medium usage band | Charge for low usage band | Charge for Band I |
| United Kingdom | £2,475 | £2,062.50 | £825 | £150 |
| England | £2,068.75 | £1,723.75 | £689.50 | £37.50 |
| Wales | £122.50 | £102.50 | £40.75 | £37.50 |
| Scotland | £213.75 | £177.50 | £71.25 | £37.50 |
| Northern Ireland | £70 | £58.75 | £23.25 | £37.50 |
| High population area | £296.25 | £247.50 | £98.75 | £37.50 |
| Medium population area | £37.50 | £31.25 | £12.50 | £12.50 |
| Low population area | £3.50 | £3 | £1.25 | £1.25 |
Schedule 2
| Small coverage area | Medium coverage area | Large coverage area | ||||
|---|---|---|---|---|---|---|
| Assignment type | Exclusive basis | Shared basis | Exclusive basis | Shared basis | Exclusive basis | Shared basis |
| High population area | £50 | £25 | £185 | £92.50 | £370 | £185 |
| Medium population area | £25 | £18.75 | £50 | £25 | £75 | £37.50 |
| Low population area | £18.75 | £18.75 | £23.75 | £18.75 | £27.50 | £18.75 |
| Small Coverage Area | Medium Coverage Area | Large Coverage Area | ||||
|---|---|---|---|---|---|---|
| Assignment type | Exclusive basis | Shared basis | Exclusive basis | Shared basis | Exclusive basis | Shared basis |
| High population area | £25 | £18.75 | £92.50 | £46.25 | £185 | £92.50 |
| Medium population area | £21.25 | £18.75 | £42.50 | £21.25 | £62.50 | £31.25 |
| Low population area | £18.75 | £18.75 | £20 | £18.75 | £22.50 | £18.75 |
| Small Coverage Area | Medium Coverage Area | Large Coverage Area | ||||
|---|---|---|---|---|---|---|
| Assignment type | Exclusive basis | Shared basis | Exclusive basis | Shared basis | Exclusive basis | Shared basis |
| High population area | £18.75 | £18.75 | £18.75 | £18.75 | £18.75 | £18.75 |
| Medium population area | £18.75 | £18.75 | £18.75 | £18.75 | £18.75 | £18.75 |
| Low population area | £18.75 | £18.75 | £18.75 | £18.75 | £18.75 | £18.75 |
Regulation 2(1)
| Grid Square References | ||||
|---|---|---|---|---|
| Heavy congestion areas | NW 000 000 | TA 000 000 | TF 000 000 | TM 000 000 |
| SU 000 000 | TQ 000 000 | HU 000 500 | NZ 500 000 | |
| SE 500 000 | TG 500 000 | SM 500 000 | NS 000 500 | |
| NT 000 500 | NZ 000 500 | SC 000 500 | SD 000 500 | |
| SH 000 500 | SJ 000 500 | NS 500 500 | SU 500 000 | |
| SW 500 000 | ST 000 500 | TQ 000 500 | TR 000 500 | |
| SX 000 500 | SZ 000 500 | SS 500 500 | TQ 500 500 | |
| SX 500 500 | SY 500 500 | XD 500 500 | ||
| Medium congestion areas | HU 000 000 | HY 000 000 | NO 000 000 | TG 000 000 |
| TR 000 000 | SW 000 000 | ND 000 500 | NJ 500 000 | |
| NO 500 000 | NW 500 000 | SK 500 000 | TF 500 000 | |
| SB 000 500 | NT 500 500 | SH 500 500 | SJ 500 500 | |
| SK 500 500 | TM 500 500 | |||
| Light congestion areas | NK 000 000 | NS 000 000 | NU 000 000 | NZ 000 000 |
| SD 000 000 | SS 000 000 | ST 000 000 | NG 500 000 | |
| NH 500 000 | NX 000 500 | NY 000 500 | SE 000 500 | |
| TA 000 500 | NH 500 500 | NJ 500 500 | NM 500 500 | |
| NO 500 500 | NW 500 500 | SS 500 000 | SY 000 500 | |
| ST 500 500 | SW 500 500 | SZ 500 500 | ||
| Non-congestion areas | All grid square references for 50 kilometre × 50 kilometre areas other than those listed in this Schedule. | |||
Schedule 2
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Area | Charge for Small Coverage Area | Charge for Medium Coverage Area | Charge for Large Coverage Area |
| Heavy congestion area | £75 | £100 | £125 |
| Medium congestion area | £31.25 | £37.50 | £50 |
| Light congestion area | £18.75 | £18.75 | £25 |
| Non-congestion area | £18.75 | £18.75 | £18.75 |
Schedule 2
| Column 1 | Column 2 |
|---|---|
| Area | Charge |
| United Kingdom | £2,318.75 |
| Heavy congestion area | £55 |
| Medium congestion area | £21.25 |
| Light congestion area | £11.25 |
| Non-congestion area | £0.00 |
Schedule 2
| Column 1 | Column 2 |
|---|---|
| Size of Licensed Area | Charge |
| 1-4 grid squares | £18.75 |
| 5-8 grid squares | £37.50 |
| 9-12 grid squares | £56.20 |
| 13-16 grid squares | £75 |
| 17-20 grid squares | £93.75 |
| 21-24 grid squares | £112.50 |
| More than 24 grid squares | £125 |
Schedule 2
| Column 1 | Column 2 |
|---|---|
| Size of Licensed Area | Charge |
| 1-4 grid squares | £75 |
| 5-8 grid squares | £150 |
| 9-12 grid squares | £225 |
| 13-16 grid squares | £300 |
| 17-20 grid squares | £375 |
| 21-24 grid squares | £450 |
| More than 24 grid squares | £500 |
Schedule 2
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Area | Charge for Small Coverage Area | Charge for Medium Coverage Area | Charge for Large Coverage Area |
| High population area | £25 | £92.50 | £185 |
| Medium population area | £21.25 | £42.50 | £62.50 |
| Low population area | £18.75 | £20.00 | £22.50 |
Schedule 2
| Column 1 | Column 2 |
|---|---|
| Area | Charge |
| United Kingdom | £2,062.50 |
| High population area | £247.50 |
| Medium population area | £31.25 |
| Low population area | £3.00 |
Schedule 2
1. For an area service the appropriate sum is the amount in pounds sterling calculated in accordance with the formula set out in paragraph 2.
2. The formula is-
where-
"S" means the sum;
"RR" means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
"SA" means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
"p" means 3.142;
"h" means the number corresponding to the height (in feet) of the designated operational coverage specified in the licence granted to the licensee; and
"r" means the number corresponding to the radius (in nautical miles) of a circle of equivalent area to the designated operational coverage specified in the licence.
3. For an aeronautical broadcast service the appropriate sum is the amount in pounds sterling which is the lesser of-
(a) the sum calculated in accordance with the formula set out in paragraph 4; and
(b) the sum calculated in accordance with the formula set out in paragraph 5.
4. The formula referred to in paragraph 3(a) is-
where-
"S" means the sum;
"RR" means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
"SA" means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
"p" means 3.142;
"h" means the number corresponding to the height (in feet) of the designated operational coverage specified in the licence granted to the licensee; and
"r" means the number corresponding to the radius (in nautical miles) of the designated operational coverage specified in the licence.
5. The formula referred to in paragraph 3(b) is-
where-
"S" means the sum;
"RR" means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
"SA" means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
"p" means 3.142; and
"r" means the number corresponding to the radius (in nautical miles) of the designated operational coverage specified in the licence.
6.-(1) For a circular service the appropriate sum is the amount in pounds sterling which is the greater of the sums specified in paragraphs 6(2) and 6(3).
(2) The sum specified in this paragraph is the lesser of-
(a) the sum calculated in accordance with the formula set out in paragraph 4; and
(b) the sum calculated in accordance with the formula set out in paragraph 7.
(3) The sum specified in this paragraph is the sum in pounds sterling equal to a quarter of the sum calculated in accordance with the formula set out in paragraph 4.
7. The formula referred to in paragraph 6(2)(b) is-
where-
"S" means the sum;
"RR" means a reference rate of £3,300, being the fee payable for an authorisation under a licence for use of a 8.33 kHz channel over a surface area of 71,000 square nautical miles;
"SA" means 71,000, being the number corresponding to the surface area (in square nautical miles) of the United Kingdom;
"p" means 3.142; and
"r" means the number corresponding to the radius (in nautical miles) of the designated operational coverage specified in the licence.
(This note is not part of the Regulations)
These Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 2011 (S.I. 2011/1128 as amended by S.I.s 2012/1075, 2013/917, 2014/1295, 2015/1334, 2015/1995 and 2016/643) ("the 2011 Regulations"). These Regulations provide for charges to be paid to the Office of Communications ("OFCOM") in respect of wireless telegraphy licences granted under section 8 of the Wireless Telegraphy Act 2006 (c. 36) ("the Act").
These Regulations set the charges - licence fees - for most classes of wireless telegraphy licence (regulation 4 and Schedule 2). They also provide for pro-rated licence fees, subject to a minimum of £32 in the case of Shared Access licences and otherwise £20, for licences issued for less than one year where the fees for a full year's licence would otherwise be £75 or more (regulation 4).
For most licence classes the Regulations set the same fees as under the 2011 Regulations, but there are three changes.
The first change is that they introduce fees for new licence classes in Schedule 2: the Local Access, Shared Access (Low Power) and Shared Access (Medium Power) licence classes listed under the heading "Spectrum Access" and the Network 2 GHz licence class listed under the heading "Satellite Services".
The second change is that, in respect of the Self Co-ordinated Links licence class in Schedule 2, they remove reference to 65 GHz which frequency is no longer available for this licence class.
They also rename two licence classes listed under the heading "Science and Technology" (the Non-Operational Temporary Use licence class, which is renamed the Demonstration and Trial licence class, and the Non-Operational Development licence class, which is renamed the Innovation and Research licence class) (regulation 4(2)(a)(iii) and Schedule 2).
Regulation 5 provides for concessionary fees for certain wireless telegraphy licences held by charities whose object is the safety of human life in an emergency. Regulation 5(3) refers to the Association of Guernsey Charities. Information about the Association of Guernsey Charities is on its website at http://www.charity.org.gg/.
Regulation 6 provides that, where a sum is not prescribed by regulations made under section 12 of the Act, there shall be paid to OFCOM such sum as OFCOM may in the particular case determine.
Copies of the 2nd series of Landranger maps published by the Ordnance Survey, referred to in regulation 2(1), are available from the Ordnance Survey's website at www.ordnancesurvey.co.uk.
Copies of the Office for National Statistics' Population Estimates referred to in regulation 2(5) may be obtained from The Office for National Statistics at The Customer Contact Centre, Office for National Statistics, Government Buildings, Cardiff Road, Newport, South Wales NP10 8XG.
Copies of the Radio Regulations referred to in regulation 2(4) may be obtained from The International Telecommunication Union, Place des Nations, 1211 Geneva 20, Switzerland.
A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) and on OFCOM's website at www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of both Houses of Parliament.
Sections 12, 13(2) and 122(7) were extended to the Bailiwick of Guernsey by article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3325); to the Bailiwick of Jersey by article 2 of the Wireless Telegraphy (Jersey) Order 2006 (S.I. 2006/3324); and to the Isle of Man by article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278).
S.I. 2012//2187, amended by S.I. 2015/1338 and S.I. 2019/950
