Citation and commencement

1. These Regulations may be cited as the Wireless Telegraphy (Licence Charges) Regulations 1999 and shall come into force on 19th July 1999.

Revocation

2. The Regulations set out in Schedule 1 are hereby revoked.

Interpretation

3.-(1) In these Regulations-�

"the 1949 Act" means the Wireless Telegraphy Act 1949(2);

"the 1984 Act" means the Telecommunications Act 1984(3);

"the 1998 Act" means the Wireless Telegraphy Act 1998;

"apparatus" means wireless telegraphy apparatus;

"base station" means a station which facilitates or controls communications between a mobile station and-�

and in this definition, "telecommunication system" shall be construed in accordance with section 4 of the 1984 Act;

"channel" means a part of the radio frequency spectrum intended to be used for a transmission of signals, and defined by-�

or by an indication equivalent to (a) or (b);

"co-channel" means apparatus operating in an identical frequency or channel;

"congested area" means such part of the British Islands considered by the Secretary of State to have congested use of the radio frequency spectrum for a specified class of licence and identified in Schedules 3 to 6 hereto as appropriate by reference to the grid squares of the 2nd series of Landranger maps published by the Ordnance Survey, and "heavily congested area" 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;

"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 out-station via wireless telegraphy links operating in the same frequency bands;

"licence" means a licence granted under section 1 of the 1949 Act;

"licensee" means the person to whom a licence is issued;

"list" has the meaning given by regulation 3(3);

"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-�

except that in relation to a National and Regional Private Business Radio Licence the territorial extent of authorised use for the purpose of this definition is Great Britain and Northern Ireland;

"prescribed sum" has the meaning given by regulation 4(1);

"prescribed time" has the meaning given by regulation 4(2);

"station" means a station for wireless telegraphy; and

"VHF broadcasting band" means that part of the radio frequency spectrum between 87.5 MHz and 108.0 MHz.

(2) Where these Regulations provide for the prescribed sum to be calculated by reference to a number of any of the following things, that is to say, channels for which a particular type of use is authorised, national channels, stations, base stations, mobile stations and fixed links, the number thereof shall be taken to be the number the use of which is authorised by the licence at the time of the issue or renewal of the licence, or the prescribed time, as the case may be.

(3) In relation to a Transmission of a National and Local Radio Broadcasting Services 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 list entitled "Coverage of Independent National and Local Radio Stations" ("the list") published on 10th April 1995 by the Radiocommunications Agency of the Department of Trade and Industry, and "covered" shall be construed accordingly.

(4) In relation to a Maritime Coastal Station Licence-�

(a)"channels designated for emergency use" means channels 0, 00, 67 and 73 when used solely to assist Her Majesty's Coastguard, channels 16 and 70, and channel 10 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 S18 to the 1998 edition of the Radio Regulations(4).

(5) In relation to a Programme Making and Special Events Fixed Site Licence, a Programme Making and Special Events Low Power Licence and a Programme Making and Special Events Link Licence-�

(a)"area" in relation to a channel means a channel specified in such licence which the licensee may use in an area with a population coverage of 200,000 individuals or more but below 2 million individuals;

(b)"local" in relation to a channel means a channel specified in such licence which the licensee may use in an area with a population coverage below 200,000 individuals or within a radius of 5 kilometres of a given point, or only in the Channel Islands or Isle of Man;

(c)"occasional use" in relation to a channel means a channel specified in such licence which the licensee is authorised to use for a period not exceeding 48 hours;

(d)"premium case" means a case where at the applicant's request such 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;

(e)"primary" in relation to a channel means a channel specified in such licence which such licence authorises the licensee to use at any time;

(f)"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;

(g)"programme sound link" in relation to a channel means a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station;

(h)"regional" in relation to a channel means a channel specified in such licence which the licensee is authorised to use in an area with a population coverage of 2 million individuals or more but below 12 million individuals;

(i)"request" in relation to a channel means a channel specified in such licence which such licence only authorises the licensee to use at such limited times as are specified in the licence;

(j)"restricted service programme sound link" in relation to a channel means 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 means a channel specified in such licence which such licence only authorises the licensee 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 means a channel specified in such licence which the licensee is authorised to use at the same time as such channel may be used by a licensee under another licence;

(m)"transaction charge" means a sum which, when added to the sum that would otherwise be payable, produces the sum of £20;

(n)"UK" in relation to a channel means a channel specified in such licence which the licensee is authorised to use anywhere within the British Islands;

(o)"variation" in relation to 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 1995 as shown in the "Office of National Statistics Population and Health Monitor (PPI 96/2)" published in August 1996;

(ii)the estimated mid-year resident population for Scotland for 1995 as shown in the "Mid-1995 Population Estimates Scotland" published in June 1996; and

(iii)the estimated mid-year resident population for Northern Ireland for 1995 as shown in the "Annual Report of the Registrar General for Northern Ireland" published in November 1996.

Licence charges and time of payment

4.-(1) Subject to paragraphs (3) and (4) of this regulation and to regulations 5 and 7, the sum which is to be paid to the Secretary of State by the licensee under section 1 of the 1998 Act-�

(a)on the issue or renewal of the licence; and

(b)at such times thereafter (if any) as are prescribed times in relation to licences of that class,

shall be, in relation to licences of a class listed in Schedule 2-�

(i)the fixed sum specified; or

(ii)the variable sum determined in accordance with the criteria specified,

in respect of issue, renewal, or the prescribed time, as the case may be, for the licences of that class in the said Schedule ("the prescribed sum").

(2) Subject to paragraph (3), where an interval of time for payment is specified in Schedule 2 in relation to any class of licence therein listed, the first day after expiry of each successive interval of time (the first interval having begun with the date of issue or renewal as the case may be), such day not being a time at which the licence falls to be renewed, shall be the prescribed time ("the prescribed time") at which the prescribed sum is to be paid to the Secretary of State under section 1 of the 1998 Act.

(3) Subject to the provisions in Schedule 2 relating to a Point to Multi-point Services Licence, a Point to Point Fixed Links Licence, 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 and a Scanning Telemetry Licence, a licence granted under section 1 of the 1949 Act may be issued or renewed (as the case may be) for a period less than a year in which event the sum payable shall be such sum as represents one-twelfth of the prescribed sum multiplied by the number of complete calendar months to the next anniversary of the issue or renewal of the licence, and the prescribed time in respect of such licence shall be construed accordingly.

(4) Where the sum payable in accordance with paragraph (3) represents a fraction of a whole pound sterling then such sum shall be rounded up to the nearest whole pound sterling.

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,

such applicant or licensee being hereinafter referred to as "a qualifying charity".

(2) The sum to be paid by a qualifying charity to the Secretary of State under section 1 of the 1998 Act on the issue or renewal of a relevant licence, and at each of the prescribed times (if any), as the case may be, shall be one half of the prescribed sum. Where the sum so payable to the Secretary of State 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-�

  (a)

  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(5);

  (b)

  being subject to the laws of the Isle of Man, is registered as a charity under the Charities Registration Act 1989(6);

  (c)

  being subject to the laws of Guernsey, is a member for the time being of the Association of Guernsey Charities; or

  (d)

  being subject to the laws of Jersey, is a member for the time being of the Association of Jersey Charities; and

• "relevant licence" means a licence of one of the following classes-�

  (i)

  Local Communications;

  (ii)

  Maritime Coastal Station;

  (iii)

  National and Regional Private Business Radio;

  (iv)

  On-Site Private Business Radio;

  (v)

  Private Mobile Radio (Standard);

  (vi)

  Private Wide Area Paging;

  (vii)

  Radio Paging (Standard);

  (viii)

  Ship Radio; and

  (ix)

  Wide Area Private Business Radio.

Other licence charges

6.-(1) Subject to paragraph (2), there is hereby authorised, in such cases as are not otherwise dealt with by these Regulations or any other regulations for the time being in force under section 1 of the 1998 Act, the charge by the Secretary of State of such sums, whether on the issue or renewal of the licence or subsequently, as may in the particular case appear to him to be proper.

(2) Paragraph (1) shall not apply to licences of any class wholly or mainly intended to meet the needs of persons desiring to use, in a private dwelling house and without making any charge to other persons, apparatus not designed or adapted for emission (as opposed to reception).

Application

7. Nothing in regulation 4 or Schedule 2 shall apply to a Transmission of National and Local Radio Broadcasting Services Licence where the licensee's coverage is not specified in the list.

Regulation 2

SCHEDULE 1REVOCATIONS

Regulation 4

SCHEDULE 2

Schedule 2

SCHEDULE 3POINT TO POINT FIXED LINKS

PART ICONGESTED AREAS

4 GHz band

1. (National Grid References for 25km × 25km areas)

7.5 GHz band

2. (National Grid References for 25km × 25km areas)

13/14 GHz band

3. (National Grid References for 10km × 10km areas)

PART IIFEES PAYABLE IN RELATION TO CONGESTED AREAS

PART IIIFEES PAYABLE IN RELATION TO NON-CONGESTED AREAS

Schedule 2

SCHEDULE 4HEAVILY CONGESTED AND CONGESTED AREAS FOR ON-SITE PRIVATE BUSINESS RADIO LICENCE

Schedule 2

SCHEDULE 5WIDE AREA PRIVATE BUSINESS RADIO LICENCE

PART IFEES PAYABLE

PART IIHEAVILY CONGESTED AND CONGESTED AREAS

PART IIIDETERMINATION OF CATEGORY

Schedule 2

SCHEDULE 6HEAVILY CONGESTED AND CONGESTED AREAS FOR COMMON BASE STATION OPERATOR LICENCE

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for fees to be paid in relation to wireless telegraphy licences granted under section 1 of the Wireless Telegraphy Act 1949 (c. 54).

The Regulations revoke and replace the Wireless Telegraphy (Licence Charges) Regulations 1995 (S.I. 1995/1331) as amended by the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1996 (S.I. 1996/1464), the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1997 (S.I. 1997/1006), the Wireless Telegraphy (Licence Charges) (Amendment No. 2) Regulations 1997 (S.I. 1997/1885), the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1998 (S.I. 1998/460), the Wireless Telegraphy (Licence Charges) (Amendment No. 2) Regulations 1998 (S.I. 1998/1567), the Wireless Telegraphy (Amendment No. 3) Regulations 1998 (S.I. 1998/1703) and the Wireless Telegraphy (Licence Charges) (Channel Islands and Isle of Man) Regulations 1998 (S.I. 1998/2210).

The Regulations change the structure of charging and the level of fees prescribed for certain licence classes, namely the Common Base Station Operator, Point to Point Fixed Links, On-Site Private Business Radio and Public Mobile Operator Licences. In addition, these Regulations introduce the National and Regional Private Business Radio, Radio Fixed Access Operator, Remote Meter Reading Operator and Wide Area Private Business Radio licence classes.

In accordance with the Wireless Telegraphy Act 1998 (c. 6), fees for the above licence classes are now generally based on the level of congestion of the radio frequency spectrum rather than the recovery of costs incurred by the Secretary of State in connection with the licences. The degree of congestion of an area in the British Islands in relation to a particular licence is identified by the National Grid References set out in Schedules 3 to 6. Copies of the 2nd series of Landranger maps containing the National Grid References may be obtained from the Ordnance Survey, Romsey Road, Southampton SO16 4GU.

Copies of the documents "Office of National Statistics Population and Health Monitor (PPI 96/2)", "Mid-1995 Population Estimates Scotland" and "Annual Report of the Registrar General for Northern Ireland" referred to in regulation 3(5) may be obtained from The Stationery Office, Publications Centre, P.O. Box 276, London SW8 5DT.

The Regulations permit licences to be issued or renewed for periods of less than a year (regulation 4(3)).

The Fixed Links licence class has been renamed the Point to Point Fixed Links Licence, and the previous provisions to self-manage an exclusive allocation of spectrum relating to new frequency bands in this class at a 50 per cent discount of the licence fee have been removed. The Short Range Business Radio licence class has also been removed.

The Regulations extend the range of licences for which qualifying charities can claim a fee discount. In providing for concessionary fees for these charities the Regulations refer to the Association of Guernsey Charities and the Association of Jersey Charities. The addresses of these Associations are c/o Guernsey Chamber of Commerce, States Arcade, St. Peter Port, Guernsey, and c/o Dover House, Domaine des Vaux, St. Lawrence, Jersey respectively (regulation 5).

A full regulatory impact assessment report of the effect that these Regulations would have on the costs of business is available to the public from the Radiocommunications Agency Library or on the Agency's Internet site at www.open.gov.uk/radiocom/.