SI 2015/1399 - The Wireless Telegraphy (Recognised Spectrum Access Charges) (Amendment) Regulations 2015

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2015 No. 1399 ELECTRONIC COMMUNICATIONS The Wireless Telegraphy (Recognised Spectrum Access Charges) (Amendment) Regulations 2015 Made - - - - 18th June 2015 Coming into force - - 10th July 2015 The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by sections 21, 22(2) and 22(3) of the Wireless Telegraphy Act 2006(1) (the “Act”).

Before making the 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.

Citation and commencement

1. These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access Charges) (Amendment) Regulations 2015 and shall come into force on 10th July 2015.

Amendment of the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007

2. The Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007(2) (the “principal Regulations”) shall be amended in accordance with the following Regulations.

Amendments to regulation 8(b)

3.—(1) Regulation 8(b) of the principal Regulations is amended as follows.

(2) Omit the word “and” at the end of sub-paragraph (ii).

(3) In sub-paragraph (iii)—

(a) for “7750–7850 MHz”, substitute “7750–7900 MHz”; and

(b) at the end of the sub-paragraph, for the full stop substitute a semi-colon and insert “and”.

(4) After sub-paragraph (iii), insert—

(1) 2006 c.36.

(2) S.I. 2007/392, amended by S.I. 2011/2762.Document Generated: 2023-05-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “(iv)in the case of a grant of recognised spectrum access in respect of the use of the frequency band 25.5–26.5 GHz—

(aa)if the grant is for receiving a radio communications service from a geostationary satellite, multiplying the relevant sum in pounds sterling set out in Table 4 of Schedule 2 (as determined on the basis of the recognised interference level specified in that grant) by each whole MHz of radio frequency which is recognised in that grant; and

(bb)if the grant is for receiving a radio communications service from a non- geostationary spacecraft or any other non-geostationary object in space (including a satellite), multiplying the relevant sum in pounds sterling set out in Table 5 of Schedule 2 (as determined on the basis of the recognised interference level specified in that grant) by each whole MHz of radio frequency which is recognised in that grant.”.

Amendment to Part 5 of Schedule 1

4. In Part 5 of Schedule 1 to the principal Regulations, for the table substitute the following table— “1690–1710 MHz 3600–4200 MHz 7750–7900 MHz

25.5–26.5 GHz” Amendment to Schedule 2

5. For Schedule 2 to the principal Regulations, substitute the following Schedule— “SCHEDULE 2” Table 1 Frequency band 1690–1710 MHz Recognised Interference Level –156 dBW/MHz to –146 dBW/MHz to –136 dBW/MHz or less than –146 dBW/ less than –136 dBW/ higher MHz MHz Sum/MHz £63 £37 £19 2Document Generated: 2023-05-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Table 2 Frequency band 3600–4200 MHz Recognised Interference Level –161 dBW/MHz –159 dBW/MHz –149 dBW/MHz –139 dBW/MHz to less than – to less than – to less than – or higher 159 dBW/MHz 149 dBW/MHz 139 dBW/MHz Sum/MHz £20 £17 £9 £4 Table 3 Frequency band 7750–7900 MHz Recognised Interference Level –156 dBW/MHz to –146 dBW/MHz to –136 dBW/MHz or less than –146 dBW/ less than –136 dBW/ higher MHz MHz Sum/MHz £46 £33 £23 Table 4 Frequency band 25.5–26.5 GHz (geostationary) Recognised Interference Level –159 dBW/MHz to –149 dBW/MHz to –139 dBW/MHz or less than –149 dBW/ less than –139 dBW/ higher MHz MHz Sum/MHz £4 £2 £1 Table 5 Frequency band 25.5–26.5 GHz (non-geostationary) Recognised Interference Level –159 dBW/MHz to –149 dBW/MHz to –139 dBW/MHz or less than –149 dBW/ less than –139 dBW/ higher MHz MHz Sum/MHz £20 £10 £5 Philip Marnick Group Director, Spectrum Group of the Office of Communications For and by the authority of the Office of 18th June 2015 Communications 3Document Generated: 2023-05-11

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Wireless Telegraphy (Recognised Spectrum Access Charges) Regulations 2007 (S.I. 2007/392, amended by S.I. 2011/2762), which prescribe the charges payable to the Office of Communications (“OFCOM”) in respect of grants of recognised spectrum access.

These Regulations set out the charges payable in respect of grants of recognised spectrum access for receive-only stations operating within certain frequency bands.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from OFCOM’s website at http://www.ofcom.org.uk or from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Copies of this assessment have also been placed in the library of the House of Commons.

4