Wireless Telegraphy Act 2006 - legislation

1 Wireless TelegraphyAct 2006 CHAPTER 36 17 50 Wireless Telegraphy Act 2006 CHAPTER 36 CONTENTSPART 1 GENERAL PROVISION ABOUT RADIO SPECTRUMR adio spectrum functions of OFCOM1 General functions2 United Kingdom Plan for Frequency Authorisation3 Duties of OFCOM when carrying out functions4 Advisory service in relation to interference5 Directions of Secretary of State6 Procedure for directionsReservation of spectrum for multiplex use7 Special duty in relation to television multiplexesPART 2 REGULATION OF RADIO SPECTRUMCHAPTER 1 Wireless Telegraphy LICENCESL icensing of Wireless telegraphy8 Licences and exemptions9 Terms, provisions and limitations10 Procedure11 Surrender of licenceWireless Telegraphy Act 2006 (c. 36)iiCharges etc12 Charges for grant of licence13 Matters taken into account14 Bidding for licences15 Recovery16 Regulations17 Sections 12 to 16: interpretationCHAPTER 2 GRANTS OF RECOGNISED SPECTRUM ACCESSM aking of grants18 Grant of recognised spectrum access19 Procedure20 Effect of grant of recognised spectrum accessCharges etc21 Charges for grant of recognised spectrum access22 Matters taken into account23 Bidding for grants24 Recovery25 Regulations26 Sections 21 to 25.

2 InterpretationCHAPTER 3 MANAGEMENT OF RADIO SPECTRUMG eneral27 Conversion into and from Wireless Telegraphy licences28 Payments by the Crown29 Limitations on authorised spectrum use30 Spectrum tradingWireless Telegraphy register31 Wireless Telegraphy registerStatistical information32 Statistical information33 Failure to provide information etc34 Statement of policyWireless Telegraphy Act 2006 (c. 36)iiiCHAPTER 4 ENFORCEMENTU nauthorised use etc35 Unauthorised use etc of Wireless Telegraphy station or apparatus36 Keeping available for unauthorised use37 Allowing premises to be used for unlawful broadcasting38 Facilitating unauthorised broadcastingProcedures for contraventions39 Contravention of terms, etc40 Repeated contravention41 Procedure for prosecutions42 Special procedure for contraventions by multiplex licence holders43 Amount of penalty under section 4244 Relevant amount of gross revenueCHAPTER 5 MISCELLANEOUSR egulations about Wireless telegraphy45 Regulations46 OffencesMisuse of Wireless telegraphy47 Misleading messages48 Interception and disclosure of messages49 Interception authoritiesMiscellaneous50 Apparatus on foreign-registered ships etc51 Apparatus in vehicles52 Wireless personnel53 Surrender of authorityPART 3 REGULATION OF APPARATUSU ndue interference54 Regulations about use and sale etc of apparatus55 Enforcement: use of apparatus56 Enforcement.

3 Sale etc of apparatus57 Appeal against notice under section 55 or 56 etc58 Contravening notice under section 55 or 5659 Entry and search of premises etcWireless Telegraphy Act 2006 (c. 36)iv60 Obstruction and failure to assist61 Sections 54 to 60: interpretationRestriction orders62 Restriction orders63 Authorities64 Compatibility with international obligations65 Powers of Commissioners for Her Majesty s Revenue and Customs66 Offences67 Restriction orders: interpretationDeliberate interference68 Deliberate interferencePART 4 APPROVAL OF APPARATUS ETCA pproval of apparatus69 Approval of apparatus70 Approvals: supplementary71 The relevant authorityMarking etc of apparatus72 Information etc on or with apparatus73 Information etc in advertisements74 Offences75 Default of third personInterpretation76 Part 4.

4 InterpretationPART 5 PROHIBITION OF BROADCASTING FROM SEA OR AIRP rohibitions77 Broadcasting from ships and aircraft78 Broadcasting from marine structures etc79 Broadcasting from prescribed areas of high seas80 Acts connected with broadcasting81 Management of station82 Facilitating broadcasting from ships or aircraft83 Facilitating broadcasting from structures etc84 Maintaining or repairing apparatus85 Acts relating to broadcast material86 Facilitation offences: territorial scope87 Procuring person to commit offence abroadWireless Telegraphy Act 2006 (c. 36)vEnforcement88 Enforcement officers89 Enforcement powers90 Enforcement powers: facilitation offences91 Exercise of powers92 Further provisionsPenalties and proceedings93 Penalties and proceedingsSaving94 Saving for certain broadcastsInterpretation95 Part 5: interpretationPART 6 GENERALF ixed penalties96 Fixed penalties for summary offencesEntry, search and seizure97 Powers of entry and search98 Obstruction and failure to assist99 Powers of seizure100 ObstructionDisposal and forfeiture101 Detention and disposal of property102 Section 101.

5 Conclusion of proceedings103 Forfeiture on conviction104 Forfeiture etc of restricted apparatusEnforcement, proceedings etc105 Offences relating to ships or aircraft106 Continuing offences107 Proceedings and enforcement108 Civil proceedings109 Fines in Scotland110 Criminal liability of company directors etcDisclosure of information111 General restrictionsWireless Telegraphy Act 2006 (c. 36)viNotifications etc and electronic working112 Service of documents113 Documents in electronic form114 Timing and location of things done electronicallyInterpretation115 General interpretation116 Wireless Telegraphy 117 Wireless Telegraphy apparatus and Wireless Telegraphy station Extent and application118 Extent119 Territorial application120 Territorial sea and other watersSupplemental121 Orders and regulations made by Secretary of State122 Orders and regulations made by OFCOM123 Consequential amendments124 Transitional provisions.

6 Savings and transitory modifications125 Repeals and revocations126 Short title and commencementSchedule 1 Procedure for Wireless Telegraphy licencesSchedule 2 Procedure for grants of recognised spectrum accessSchedule 3 Suspension and revocation of authorities issued to wirelesspersonnelSchedule 4 Fixed penaltiesSchedule 5 Forfeiture on convictionSchedule 6 Seizure and forfeiture of restricted apparatusSchedule 7 Consequential amendmentsSchedule 8 Transitional provisions, savings and transitory modificationsPart 1 Transitional provisions and savingsPart 2 Transitory modificationsSchedule 9 Repeals and revocationsPart 1 RepealsPart 2 RevocationsELIZABETH IIc. 36 Wireless Telegraphy Act 20062006 CHAPTER 36An Act to consolidate enactments about Wireless Telegraphy .

7 [8th November 2006 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 GENERAL PROVISION ABOUT RADIO SPECTRUMR adio spectrum functions of OFCOM1 General functions(1)It is a function of OFCOM (a)to give such advice in relation to the use of the electromagneticspectrum for Wireless Telegraphy ,(b)to provide such other services, and(c)to maintain such records,as they consider appropriate for the purpose of facilitating or managing the useof the spectrum for Wireless Telegraphy .(2)It is a function of OFCOM, in relation to the use of the electromagneticspectrum for Wireless Telegraphy (a)to give such further advice,(b)to provide such other services, and(c)to maintain such other records,as the Secretary of State may require for the purpose of securing compliancewith the international obligations of the United Telegraphy Act 2006 (c.)

8 36)Part 1 General provision about radio spectrum2(3)The advice, other services and records that OFCOM may give, provide ormaintain under this section include advice, other services and records withrespect to the use of the electromagnetic spectrum at places outside the UnitedKingdom.(4)The powers of OFCOM under Part 1 of the Communications Act 2003 (c. 21) tocarry out research, or to arrange for others to carry out research, are to beexercisable, in particular, for ascertaining, for the purpose of carrying outOFCOM s functions under this section, information about (a)the demands for use of the electromagnetic spectrum for wirelesstelegraphy in the United Kingdom;(b)the effects, in the United Kingdom, of any such use of the spectrum;(c)likely future developments in relation to those matters; and(d)any other connected matters that OFCOM think relevant.

9 (5)OFCOM may make a grant to any person if, in their opinion, the making of thegrant is likely to promote (a)the efficient use in the United Kingdom of the electromagneticspectrum for Wireless Telegraphy ; or(b)the efficient management of that use.(6)A grant (a)may be made to a person holding a Wireless Telegraphy licence or agrant of recognised spectrum access or to any other person; and(b)is to be made on such terms and conditions as OFCOM considerappropriate;and the terms and conditions may include terms requiring the repayment ofthe grant in specified circumstances.(7)The consent of the Treasury is required (a)for the making of a grant under subsection (5); and(b)for the terms and conditions on which such a grant is made.

10 (8)Where OFCOM are required to give advice or provide another service to aperson under this section, they may make the giving of the advice or theprovision of the other service conditional on the payment to them of suchsums (a)as they may determine in advance; or(b)as may be agreed between them and that person.(9)In this section references to providing a service to a person include referencesto a service consisting in (a)the entry of that person s particulars in a register or other record keptby OFCOM for the purpose of carrying out their functions under thissection; or(b)the taking of steps for the purposes of determining whether to grant anapplication for an entry in a register or record so Kingdom Plan for Frequency Authorisation (1)OFCOM must, from time to time as they think fit, publish a plan ( the UnitedKingdom Plan for Frequency Authorisation ).