The Wireless Telegraphy (Licence Charges) Regulations 2002

Statutory Instrument 2002 No. 1700

The Wireless Telegraphy (Licence Charges) Regulations 2002

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STATUTORY INSTRUMENTS

2002 No. 1700
TELEGRAPHS
The Wireless Telegraphy (Licence Charges) Regulations 2002

	Made	2nd July 2002
	Laid before Parliament	4th July 2002
	Coming into force	26th July 2002

Whereas the Secretary of State has published in the London, Edinburgh and Belfast Gazettes the notice required by section 6(2) of the Wireless Telegraphy Act 1998 ("the 1998 Act")[1] and has considered the representations made to her within the time specified in that notice;

     Now, therefore, the Secretary of State, in exercise of the powers conferred on her by section 1 of the 1998 Act[2] and of all other powers enabling her in that behalf, and having regard to the matters specified in section 2(2) of the 1998 Act, hereby makes the following Regulations -

Citation and commencement
     1. These Regulations may be cited as the Wireless Telegraphy (Licence Charges) Regulations 2002 and shall come into force on 26th July 2002.

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[

"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 Telecommunications Act 1984 [4];

"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" and "heavily congested area" means such part of the British Islands considered by the Secretary of State to have respectively congested and heavily congested use of the radio frequency spectrum for a specified class of licence and identified as such 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 "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 or a Scanning Telemetry Licence the territorial extent for the purpose of paragraphs (a) and (b) of this definition is the United Kingdom;

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

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

"slot" means the smallest unit of the radio frequency 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;

"station" means a station for wireless telegraphy;

"time slot" means a recurring time delimited proportion of a channel within which the transmission must be initiated and completed; 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 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 6th November 2000 by the Radiocommunications Agency of the Department of Trade and Industry, and "covered" shall be construed accordingly.

    (4) In relation to a Coastal Station Radio Licence -

(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 -

and for the purpose of determining "population coverage" as referred to above, reference shall be made as appropriate to -

(6) In relation to a Network Licence, "network" means a uni- or bi-directional service from any number of earth station terminals to a single geo-stationary orbit satellite transponder transmitting in the earth to space direction.

Licence charges and time of payment
4. - (1) Subject to paragraphs (3) to (5) 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 -

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