Licensing Policy Manual

Contents

Section A	Why the manual was written
Chapter 1	The purpose of the manual
Chapter 2	Introduction
Chapter 3	Impact of UK legislation
Chapter 4	How the Radiocommunications Agency policy is determined and publicised
Section B	Licences
Chapter 1	What a licence is
Chapter 2	Different types of licence
Chapter 3	General procedure for a licence application (including renewals)
Chapter 4	Possible changes of policy to harmonisation of renewal dates
Chapter 5	Legal status of whom can hold a licence
Chapter 6	The status of charities
Chapter 7	Crown bodies
Chapter 8	Take-overs and transfers
Chapter 9	Security of licence information
Chapter 10	Revocations
Chapter 11	Appeals
Chapter 12	Licence exemption
Chapter 13	Licence Applicants outside the United Kingdom
Section C	Charging and accounting procedures
Chapter 1	How licences are charged
Chapter 2	How we Implement annual amendments to administration to licence charges
Chapter 3	Amendments and additions to licences and schedules
Chapter 4	Accounts procedures
Section D	Service targets and complaints procedure
Chapter 1	Service targets
Chapter 2	Complaints procedure
Section E	Enforcement and work of local offices
Chapter 1	Enforcement
Chapter 2	Work of the local offices
Section F	Allocation and assignment processes
Chapter 1	Allocation and assignment processes
Section G	International and EU relationships
Chapter 1	International and EU relationships
Chapter 2	Impact of European legislation
Chapter 3	Future EU Directives
Chapter 4	R&TTE Directive
Chapter 5	ETSI standards
Section H	Disclaimer
Chapter 1	Disclaimer
Annex
Annex A	Structure of Radiocommunications Agency
Annex B	Contact List
Annex C	Address list of Radiocommunications Agency local offices
Annex D	WTA exempt goods and services

Ofcom

As announced in the Communications White Paper, published in December 2000, it has been proposed that the Agency will join with OFTEL, the Radio Authority, the ITC and the Broadcasting Standards Commission to form a single regulator, the Office of Communications (Ofcom). More information on Ofcom can be found on the Agency's website or www.ofcom.gov.uk.

IMPACT OF UK LEGISLATION SECTION A CHAPTER 3

In the UK radio users must be aware of both primary (Acts) and secondary (statutory instruments made under the Acts) legislation. Currently there are three main areas of primary legislation relevant to the radio spectrum.

Primary legislation

Under the WT Acts a licence is needed to use radio equipment as explained in Section B (Licences) below unless the equipment is licence exempt.

Independent television and radio stations, and restricted radio and TV services will need a Broadcasting Act licence, and telecommunications services need to comply with the Telecommunications Act licensing policy as well as holding a WT Act licence (issued by Radiocommunications Agency) in order to operate. Broadcasting Act licences are issued by the Independent Television Commission or the Radio Authority. Telecommunications Act licensing policy is the responsibility of the Communications and Information Industries Directorate (CII) of the Department of Trade and Industry (DTI).

Secondary legislation

Within an Act, there are powers to make secondary legislation typically in the form of regulations or orders. Regulations made under the WT Acts at the moment mainly relate to licence fees and exemptions (ongoing and updated yearly). These detail changes in licence charges and any equipment newly exempt from needing a licence respectively. Details of current exempted equipment can be found in RA 342 and current licence fee charges in RA 2(rev15). Other secondary legislation include anti-interference regulations and orders that restrict the use of certain radio equipment such as videosenders. Of special note are regulations made under the European Communities Act 1972 to implement European Directives. Such regulations include:

The European Licensing Directive (and hence the Regulations implementing them) effectively provides for Member States of the EU to have a fair and equitable licensing policy.

The WT Act 1998 The 1998 Act provides for licence fees to be set by regulation (administrative pricing) or by auction to reflect the following spectrum management objectives:

HOW THE RADIOCOMMUNICATIONS AGENCY POLICY IS DETERMINED AND PUBLICISED SECTION A CHAPTER 4

How Policy is Determined

As stated in earlier chapters, Radiocommunications Agency policy is governed by the following:

The Agency has also to comply with Radio Regulations of the International Telecommunication Union, which are adopted at World Radio Conferences usually held every three years. This forms the framework globally for regional and national planning. Radio Regulations are legally binding in international law in Member States, including the UK.

The European Licensing Directive 97/13/EC will be repealed on 25 July 2003 by the Authorisation Directive, which is part of a wider package of Directives to harmonise Communications Networks and Services. Information on these Directives can be found in Section G Chapter 3.

How Policy is publised

The Radiocommunications Agency has various communication tools that it uses to publicise its stated policy on the use of the radio spectrum.

The Agency publishes each year its ‘Strategy for the future use of the radio spectrum in the UK'. It also publishes each year its ‘Annual Report and Accounts'. Guidance notes on the radio spectrum are also provided to customers, which give up-to-date information on the respective subjects.

All of these publications can be obtained from the Information and Library services from the address in Annex A of this manual.

WHAT IS A LICENCE SECTION B CHAPTER 1

A licence is an authority granted by the Secretary of State authorising a named person or persons to install or use radio equipment in a clearly defined way. In legal terms a ‘person' may be an individual operating a business from his own premises, or two or more people acting together as a partnership, or a company or an incorporated association. A person may only apply for a licence in his name.

For further information on the legal status of a licence, please refer to Section B, Chapter 5 below or to individual Unit manuals.

A licence consists of a licence document (Section One) and a licence schedule or schedules (Section Two). The licence document contains the licence prefix (or six figure sector/class/product code) and number, the licensee's name and address, the licence issue/start and renewal dates and the licence terms and conditions.

The licence schedule lists the technical parameters of the service or services (a licence may have more than one service – some licences have several hundred services) covered by the licence. There are a number of standard clauses contained in the schedule section, covering areas applicable to all licences of the same licence class, including: apparatus, inspection, and interpretation. These standard clauses define the rules of use for the radio system.

Any non-standard conditions (these include many of the specific technical and operational conditions) which apply to a particular radio system need to be added to the licence schedule in the form of additional clauses.

The above may not apply to all units; see specific Unit manuals for reference.

The radio spectrum is a finite resource for which demand greatly exceeds supply. This means that the use of frequencies needs careful planning in order to make the best use of the available spectrum, as well as ensuring that minimum interference is caused to authorised radio users. The basis for this planning is through the issue of licences – enabling the Agency to control and plan the use of the spectrum effectively and efficiently. The installation or use of a radio service without a valid licence, is an offence under the Wireless Telegraphy Act 1949. The only exceptions to this are where equipment is 'Licence Exempt', or if the licensee is a Crown Body.

DIFFERENT TYPES OF LICENCE SECTION B CHAPTER 2

Every licence issued by the Radiocommunications Agency will fall into a sector (e.g. 'Aeronautical' or 'Maritime'). The sector is in effect the type of service (at a high and very broad level) the licence is intended to be for. The type of service is then defined further to the licence class allocated (e.g. – within the Aeronautical sector – 'Aeronautical Ground Station (Air traffic control/ground movement control)' class and 'Aeronautical Ground Station (General Aviation)' class). At this stage the licence is still not personalised to the customer and is still generic in nature.

At the next level the licence is narrowed to the specifics of the customer's system. This is done through the use of a licence schedule. However there may be exceptions, see Unit manuals for reference.

All of these licences issued by the Radiocommunications Agency then fall into three different types of licence. These are:

There are exceptions to the above descriptions – for example, certain pre-packaged licences require co-ordination. Another point to note is that the Radiocommunications Agency licence document will greatly vary in terms of size and detail depending on the type of licence needed.

Where to obtain a licence

Radiocommunications Agency regional offices, due to their local knowledge on assignment details, issue many classes of licence. However, some Wireless Telegraphy Act licences are only available from the Radiocommunications Agency headquarters. Other types of licences have been contracted out to private companies, either because they are easy and quick to process (e.g. Amateur licences) or because they require particular expertise (e.g. Programme Making). Whatever means of licence issue is used, all licences are issued on behalf the Secretary of State and in accordance with the Wireless Telegraphy Act 1949.

What happens before a licence is granted

Before someone can install or operate a service, or install and use equipment (unless the service or equipment has been made exempt), they will need to apply for a licence. The majority of licence applications are made by forwarding an application form to the Agency.

Part of the licence issuing process might involve a process called ‘site clearance'. This is the process of investigating whether an assignment of a frequency (or power output) at a particular site will cause interference to other users of the radio spectrum, (e.g. emergency services, military or aeronautical services).

Time-scale for new licences

For new licence applications, there are targets for licence issue after receipt of application. These are grouped into three categories:

Category A: licences, which do not require individual tailored frequency assignment, site clearance or international co-ordination: these licences will be issued within five working days of receipt of a correctly completed application form.

Category B: licences that require tailored frequency assignment but no site clearance or international co-ordination: 90% of applications to be processed and dispatched within 15 working days, with the remainder to be processed and dispatched within 25 working days.

Category C: licences which require frequency assignment and site clearance and/or international co-ordination: 90% to be processed and dispatched within 40 working days and the remainder to be processed and dispatched within 60 working days.

E-Licensing/Signatures

Under the Electronic Communications Act 2000 an application form sent electronically has the same status as the same form sent on paper. The Radiocommunications Agency will issue a licence in good faith to the person named and the customer will be given 28 days to notify the Agency if the licence is incorrect.

Renewals

Most licences issued by the Agency can be renewed annually (unless stated in the licence). Licences are renewed upon payment of the renewal fee. If you are a current Licensee, you are sent a renewal notice six weeks before the renewal date. It is then your decision whether to renew or cancel your licence. A final notice one-week prior to expiry is sent out to the licensee. If fees are not paid in breach of the terms and conditions of a licence then the licence is no longer valid. This means that the equipment is no longer covered by the licence and should not be used.

For Revocation procedures, see Section B Chapter 10.

Renewals of all licences in Category A will be processed in five working days, renewals of licences in Category B and C will be processed and dispatched within 10 working days.

When the renewal fee is received the Agency will send a renewal receipt document which confirms receipt of the renewal fee and states the next renewal date. The Agency does not issue a fresh licence document each time a licence is renewed.

General procedure for a licence application (including renewals) SECTION B CHAPTER 3

Where to obtain a licence

Radiocommunications Agency regional offices, due to their local knowledge on assignment details, issue many classes of licence. However, some Wireless Telegraphy Act licences are only available from the Radiocommunications Agency headquarters. Other types of licences have been contracted out to private companies, either because they are easy and quick to process (e.g. Amateur licences) or because they require particular expertise (e.g. Programme Making). Whatever means of licence issue is used, all licences are issued on behalf the Secretary of State and in accordance with the Wireless Telegraphy Act 1949.

What happens before a licence is granted

Before someone can install or operate a service, or install and use equipment (unless the service or equipment has been made exempt), they will need to apply for a licence. The majority of licence applications are made by forwarding an application form to the Agency.

Part of the licence issuing process might involve a process called ‘site clearance’. This is the process of investigating whether an assignment of a frequency (or power output) at a particular site will cause interference to other users of the radio spectrum, (e.g. emergency services, military or aeronautical services).

Time-scale for new licences

For new licence applications, there are targets for licence issue after receipt of application. These are grouped into three categories:

Category A: licences, which do not require individual tailored frequency assignment, site clearance or international co-ordination: these licences will be issued within five working days of receipt of a correctly completed application form.

Category B: licences that require tailored frequency assignment but no site clearance or international co-ordination: 90% of applications to be processed and dispatched within 15 working days, with the remainder to be processed and dispatched within 25 working days.

Category C: licences which require frequency assignment and site clearance and/ or international co-ordination: 90% to be processed and dispatched within 40 working days and the remainder to be processed and dispatched within 60 working days.

E-Licensing/Signatures

Under the Electronic Communications Act 2000 an application form sent electronically has the same status as the same form sent on paper. The Radiocommunications Agency will issue a licence in good faith to the person named and the customer will be given 28 days to notify the Agency if the licence is incorrect.

Renewals

Most licences issued by the Agency can be renewed annually (unless stated in the licence). Licences are renewed upon payment of the renewal fee. If you are a current Licensee, you are sent a renewal notice six weeks before the renewal date. It is then your decision whether to renew or cancel your licence. A final notice one-week prior to expiry is sent out to the licensee. If fees are not paid in breach of the terms and conditions of a licence then the licence is no longer valid. This means that the equipment is no longer covered by the licence and should not be used.

For Revocation procedures, see Section B Chapter 10.

Renewals of all licences in Category A will be processed in five working days, renewals of licences in Category B and C will be processed and dispatched within 10 working days.

POSSIBLE CHANGES OF POLICY TO HARMONISATION OF RENEWAL DATES SECTION B CHAPTER 4

RA has plans to improve the level of service offered to customers through greater flexibility in methods of payment as well as timing of licence renewals. Policies on both these areas are under discussion, but are expected to generally arise when several licences are held and go along the following lines:

There may be exceptions to the above text on harmonisation of renewal dates; see individual Unit manuals for reference.

LEGAL STATUS OF WHOM SHOULD BE LICENSED SECTION B CHAPTER 5

Background

Under the terms of the Wireless Telegraphy Act 1949 (WT Act), the licence is the instrument by which the Secretary of State authorises the use of radio apparatus to 'a person'. In legal terms 'a person' may be an individual operating a business from their own premises, or two or more people acting together in partnership, or a company or an incorporated association.

Sole proprietor or individual

A person may apply for a licence in his or her own name. If the person runs a business solely in his own name then that person is known as the sole proprietor. In legal terms, that person is wholly liable for all aspects of the business and all its obligations. If a person operates a radio system then he must hold a WT Act licence in his name.

If a person changes her name (e.g. through marriage), the licensee must provide a copy of her marriage certificate to the appropriate local office before her licence can be amended. The process is the same for licensees who change their name by deed poll, in that the licensee needs to provide a copy of the certificate of deed poll to the appropriate local office prior to an amended licence being issued.

Partnerships

Partnerships of individuals acting together to form a business for profit are fairly common amongst WT Act licensees. The simplest form of partnership is two people forming a common trading business. In such cases it is usual to state full names of both partners as the licensee in this instance.

However, where there are a number of partners (e.g. accounting firms), the licensee will be expressed to be either named partners or partners at the time of the grant of a licence. The licence will expire either when all the licensees had ceased to be partners or when a new partner had joined the partnership after any licensee had ceased to be a partner in the same partnership.

Trustees

In the case of Trustees, the licensee(s) are named as the trustees of the particular trust at the time of applying for the licence.

A new licence will be required when all the named licensees have ceased to be trustee. However, the Agency will not charge until the renewal date.

Clubs and societies

The licensee(s) of Clubs and Societies are expressed to be either the named trustees or committee-members or the trustees or committee members at the time of the grant of the licence. The licence will expire either when all the licensees had ceased to be trustees or committee member.

Partnerships in Scotland

In Scotland only, under the Partnership Act 1890 partnerships have a different legal status in that they are regarded as a distinct corporate entity rather than two or more persons acting together. If you require further information the operations manager in the Falkirk Office will advise. The telephone number is given in RA206 and in Annex C of this manual.

General rule

None of this of course affects the need for new licences in the ordinary course of events. Thus a periodic licence, which has to be renewed every so often – one, three or five years or whatever should always when renewed reflect any interim changes in its identification of licensees and licensed users.

Registered companies

Under UK Company Law, businesses may incorporate to form a company, which limits their liability to that of the business itself and not its owners. There are two main forms of registered company, these being (i) Limited Company (Ltd) or (ii.) Public Limited Company (Plc).

Registered companies must be registered at Companies House, where trading details are sent for filing and made available for public scrutiny. All companies must have a director and a company secretary.

For any registered company applying for a licence, the licence must be held in the full registered name of the company. All companies are issued with a certificate of incorporation, which includes a unique registration number that the Agency requires for certain licence classes. Companies are also required to state their number and registered address on all company correspondence.

Joint ventures

A joint venture can be either:

Where a joint venture is a separate corporate vehicle it would be the corporate vehicle, with a separate legal identity and registered as such with Companies House, that must be licensed.

In the case of the joint venture being a partnership of a group of limited companies, each of the individual limited companies would have to be named on the application form in the same way as a partnership of individuals.

Death of a licence applicant

Should a licence application be received along with the relevant licence fee but unfortunately the applicant dies subsequently before the licence is issued, the payment will be returned on notification of death. Evidence of the licensee's death in the form of a 'Death Certificate' will be needed before a refund is made.

THE STATUS OF CHARITIES SECTION B CHAPTER 6

Charity status is attached to applicants who are a charity within the meaning of section 506(1) of the Income and Corporation Taxes Act 1988 or where their sole objective is the safety of human life in an emergency.

Such applicants are referred to as "a qualifying charity" and as such are entitled to pay half the prescribed licence fee for their licence.

Section 506 (1) of the Income and Corporation Taxes Act 1988 limits a charity to a body of persons or trust with exclusively charitable objects, it does not require registration with the Charity Commission or as a Charitable company.

It is therefore a sufficient but not necessary condition when applying for a licence for a charity to be registered with the Charity Commission and as a Charitable company.

CROWN BODIES SECTION B CHAPTER 7

What is a Crown Body?

A Crown Body is any management unit of the Crown whose staff are servants and agents of the Crown. Most Government Departments and their Agencies are Crown Bodies. Other Government Bodies including non-departmental public bodies, office holders, commissioners, and regulators are Crown Bodies if the statute bringing them into existence confers upon them Crown Body status.

However, not all government bodies are Crown Bodies. Some of the newer government bodies have been formed without Crown Body status. Recent examples include the Data Protection Registrar and the Teacher Training Agency. Some Crown Bodies will lose their Crown Body status when they are privatised.

Unfortunately it is not possible to get a definitive list of Crown Bodies. Where the status of a body is not clear it will be necessary to contact the body concerned to establish its legal status.

Authorisation of radio use for Crown Bodies

Under Section 1 of the Wireless Telegraphy Act 1949, the use of apparatus for wireless telegraphy is unlawful unless authorised by a licence granted on behalf of the Secretary of State or is made licence exempt. Legally there is only one Secretary of State; the fact that each department has its own Secretary of State is an administrative convenience. Since one part of the Government cannot be in a legally contractual agreement with itself, licences for Crown Bodies cannot be used, so Side Letters are used instead.

What is a Side Letter?

A 'Side Letter' authorises the use of radio by Crown Bodies. Attached to this are the licence terms and conditions and the licence schedule. The Side Letter asks the Crown Body to abide by the described terms and conditions in the same way a normal licensee would be required to, and reminds them that should they not, the Agreement detailed in the Side Letter will be cancelled.

TAKE-OVERS TRANSFERS SECTION B CHAPTER 8

The transfer of licences

Radio users at present can only obtain access to the spectrum through a licence unless its a part of the spectrum that is exempted from needing a licence.

The Agency is presently considering the introduction of ‘Spectrum Licence Trading' as an additional market based spectrum management tool, to complement spectrum pricing. More information on future Spectrum Trading can be found on the Agency website

In theory the market would provide an additional source of spectrum. Licensees would be able to transfer assignments more easily, e.g. when businesses, aircraft or ships change hands.

It should be noted though that spectrum trading would complement and not replace regulatory procedures already in place. These procedures are needed to ensure compliance with international obligations and safeguard spectrum access to essential services and small businesses.

Can a licence be transferred?

Currently licences may not be transferred from one person to another and consequently, whenever a person acquires a business from an existing licensee and wishes to use the radio system, an application must be made for a new licence.

An application for a new licence should be submitted as soon as the transfer/change occurs and wherever possible before the previous licence expires. It should be noted that payment of the licence fee does not mean that right to the licence is automatically transferred.

When equipment is transferred to a new licensee, there is often a delay in issuing a new licence. As a result of this, some licensees may be obtaining use of spectrum free of charge for several months. To avoid this from happening, the Agency will keep the original renewal date of the licence in order to cover the lost time.

Can licences be taken over?

Radio systems may be bought/sold but depending on circumstances may not be re-licensable. Intention to take-over should be notified to Radiocommunications Agency in advance for a ruling on that point. Frequencies may or may not be re-licensed to a new party. There is no obligation on Radiocommunications Agency to re-licence. Take-overs of radio systems and frequencies are often referred to incorrectly as take-overs of licences.

In reality, the licence is revoked (the licence of the current holder), and a new licence issued by Radiocommunications Agency for the prospective owner. Because in essence this is a take-over of the service, confusion can occur, and on occasion this technicality can be important.

It should be noted then, that as the licence is technically revoked and a new one issued, spectrum management policies/requirements may mean that the same (or any) frequencies are not available to the future owner. Accordingly, transferability of identical frequency and continuity of technical parameters or equipment in service is not guaranteed (e.g. parameters may need to meet more recent guidelines). However, the Radiocommunications Agency does undertake to make every attempt to provide authorisation for the same frequency/technical parameters/equipment in service where possible.

The only difference to this ‘take-over' procedure, is where the prospective owner already holds a licence of the same class as that being taken over. If this is the case then the new assignments/services can simply be added to the existing licence, with no need for an entirely new licence to be issued (although in some cases a new licence will be needed; see Unit manuals for guidance). Again transferability is not guaranteed.

What is required when ‘taking over' a licence?

To take over a service a new licensee must:

Obtain consent in writing from all of the previous licensees or their legal representative agreeing to the take-over and send it to the Agency. If written consent cannot be supplied, the new licensee must provide a statutory declaration explaining why it cannot be supplied, together with any supporting evidence.

What is a statutory declaration?

A statutory declaration is a voluntary declaration taken by a solicitor or other authorised person. A false statement made in a statutory declaration is an offence under Section 5 of the Perjury Act 1911.

Streamlining ‘take-overs' at renewal:

The take-over of a licensed service of one customer from another comprises two stages:

As the bulk of take-overs are notified at renewal, to make the overall process simpler to administer the reverse of the renewal notice provides a form for requesting a take-over. The form will capture the prospective licensee's customer details, together with a signed declaration from the existing licensee agreeing to the take-over. This method has a number of benefits:

However it should be noted that this streamlined take-over service at renewal is only available on some of the Public Telecommunications Networks licences at present.

SECURITY OF LICENCE INFORMATION SECTION B CHAPTER 9

Status of information

As a general rule, all information relating to a licence will be regarded as a confidential matter between ourselves – the Radiocommunications Agency (as the statutory authority of the Crown) and the licensee/applicant. Information includes details about a person, their licence/application and any assignments made. The exception to this general rule is if, on application, the licensee consents to the specific disclosure (e.g. to the radio supplier installing the system) or the application is, as often happens, routed to us through the supplier. A further exception applies under European Licensing Law, which requires transparency in the award of licences for which there has been some form of competition because of spectrum limitations. The Agency recently completed a national consultation exercise on the disclosure of Assignment and Frequency information. The Agency proposes to further consult each radio Sector in a rolling programme about disclosing information relevant to each of those sectors.

Data Protection Act 1998

The Data Protection Act provides further protection for the personal data of individuals, defined as anything that is identifiable with an individual, held on computer, on paper or on other media such as sound or video recordings. It prohibits disclosure of personal data except to persons specified in particulars registered with the Data Protection Registrar and in certain circumstances set into the 1998 Act.

EU Data Protection Directive 2002/58/EC

The EU Data Protection Directive provides protection of the right of privacy with respect to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the EU Community.

Disclosure to other government departments or police

The Agency sometimes receives requests for disclosure about individuals from government bodies such as the Inland Revenue, Customs and Excise, Local Council Fraud Offices, and the Police. The Radiocommunications Agency is registered under the Data Protection Act 1998 to disclose information to investigators of this kind but the general rules only permit disclosure under certain circumstances. These are:

Where disclosure is required by law, either by specific statutory provision or where a court requires evidence to be produced. Where there is just cause, e.g. that the information points to a serious offence having been committed or being contemplated and disclosure is made with the object of preventing crime or bringing an offender to justice.

Requests for information should be made in writing, and no 'fishing expeditions' are permitted (e.g. checking all taxi firms in London).

NB: This is the situation at the current time. However, it should be noted that at present there is the prospect of changes to both UK and EU Law in this area. In light of this, policy on this issue may alter in the near future.

REVOCATION SECTION B CHAPTER 10

Revocation of a licence can occur for a number of reasons. A person authorised by the Secretary of State may revoke/modify a licence if, in his opinion:

The revocation process for non-payment of renewal fees starts six weeks before a licence is due, when the Agency sends the licensee a renewal letter stating the date the licence needs to be renewed by, the cost of the licence and assignment that the licence covers.

The day after the licence should have been renewed, an intention to revoke letter is sent to the licensee, stating that they have 28 days to appeal/settle, in accordance with Section IE of the Wireless Telegraphy Act 1949.

The Secretary of State may also revoke a licence:

Appeals against a revocation can be brought under the European Licensing Directive 1997, given force in UK Law through Statutory Instrument 1999 No. 3180.

APPEALS SECTION B CHAPTER 11

Under SI 1999/3180 (Appeals) an aggrieved person may appeal against the followingdecisions of the Secretary of State in relation to the WT Act 1949:

How the appeals process works

A person aggrieved by any of the above decisions, on one or more of the following grounds can appeal:

In England and Wales and Northern Ireland, an appeal lies to the High Court, and in Scotland an appeal lies to the Court of Session.

The court determining an appeal may:

Where the court quashes a decision it may:

Refer the matter to the Secretary of State with a direction to reconsider it and to reach a decision in accordance with the findings of the court.

An appeal under this section cannot be made:

The effect of a decision to which an appeal relates will not be suspended in consequence of the bringing of an appeal unless the court has ordered this.

The forthcoming implementation of the framework Directive will mean that the current Appeal mechanism being overhauled and replaced by a mechanism similar to that of the Competition Commission Tribunal. It is proposed to have the new Appeals mechanism in place by late 2003.

LICENCE EXEMPTION SECTION B CHAPTER 12

A licensing regime is used to enable careful planning of the radio spectrum. However, some types of radio equipment are licence exempt (i.e. they do not need a WT Act licence). Equipment is made licence exempt by Regulations made under the WT Act using a Statutory Instrument (SI).Qualification for exemption is related to the nature of the equipment/frequencies being used. Factors influencing whether exemption occurs are:

If something is licence exempt, it will not have protection from interference, i.e. the spectrum will not be managed so that one authorised user does not impinge upon another.

Most exemptions concern domestic equipment where it is not necessary to have the same level of protection as afforded to licensed services. (e.g. emergency services)

When considering frequencies suitable for exemption the Radiocommunications Agency must take into account the difficulties involved in subsequent re-allocation of the spectrum. The problem arises due to the nature of unlicensed/exempt frequencies – i.e. no or very little data exists on its use (who, where, what etc.) – which means that changing the designated use of the spectrum takes time and is difficult to do. Due to this, the Radiocommunications Agency will only exempt frequencies it believes are unlikely to have a change of use in the foreseeable future.

Since the national consultation exercise on the possible use of Public Network Systems in licence-exempt bands, the Secretary of State has agreed to public services being allowed in certain exempt bands. More information on this can be viewed on our website.

Date	Action	Responsibility
September	Contribute and collate information to consultation document	LPU & BU's
October	Finalise text of consultation and submit to Minister for approval	LPU
October	Publish document; responses by December/January	LPU
January	Consider responses to consultation publish response	LPU & BU's
February	Submit draft Regulations etc to Minister	LPU
March	Publish notice in Official Gazettes with 28 days for comment	LPU
March	Consider any responses to Gazetting.	LPU/BU's
April	Submit Regulations to Minister for approval and laying in Parliament	LPU
May	Publish notices in trade paper and/or in newsletters informing customers of changes in fees (if necessary)	BU's
July	Regulations come into force

NOTE:

This timetable does allow for some slippage should it be needed. However it should be noted that the Regulations must come into force in July each year; in order to achieve this coming into force date the Regulations must be laid in Parliament 21 days before and the Agency's proposed fee changes must have been published in the Official Gazettes allowing 28 days for representations before Ministerial approval can be sought.

AMENDMENTS/ADDITIONS TO LICENCES ANS SCHEDULES SECTION C CHAPTER 3

Licence amendments fall into two categories:

Licensees must not make any changes of any kind that would take them outside the boundaries of the licence until they sought and have been given permission to do so by authorised Agency personnel.

Customer details amendments

Customer details means information which is related to the licensee, i.e:

Licences can be amended at the request of licensees or third parties (should they be able to prove they are authorised/legally able to do so). Licences can also be amended at the request of Radiocommunications Agency personnel (e.g. correction of a simple error). Where changes to customer details do occur, a revised licence document must be sent to the licensee.

Technical amendments

A technical amendment is a change to anything that relates to the use of the radio spectrum, e.g.

Requests for amendments to a licence's technical details must be made in writing, preferably on an appropriate application form. Changes to technical information in any part of the licence can only be made by authorised Radiocommunications Agency personnel. Currently, most technical amendments do not attract a fee. There are however exceptions – (see Unit manuals for further guidance).

If an amendment changes any of the details that appear on a licence schedule, a revised licence schedule must be sent to the licensee together with a covering letter before the equipment can be used.

Charging for amendments to licences

Charging for amendments to licences are based on the 1/12^th rule.The Agency proposal for licences that are annually renewable is that fees for mid-year chargeable adjustments will be collected at the next renewal date.

Additional schedules:

An additional schedule is needed where a licensee wishes to add a new system/service in the same licence class as the licence held – although in some cases a new licence will be needed, see Unit manuals for guidance.

Should the licence held and the new system/service desired be in differing classes then the licensee needs to apply for a new licence and not an additional schedule. In either case the licensee should apply in the appropriate method.

ACCOUNTS PROCEDURES SECTION C CHAPTER 4

How the accounts process works

The licence fee is calculated using the Fees Regulations in place at the time of an application or at the renewal date. See RA2 (Rev14) notice for more details.

Renewal reminders are sent out six weeks before the licence renewal date, a renewal reminder is generated for each licence (excluding direct debit customers) for which the requested amount has not been received.

Means of payment

The following are methods of payment that the Radiocommunications Agency accepts;

*Currently this facility is only available to customers by them filling in a credit card form on the renewal notice or application form and sending by post to the Radiocommunications Agency. There is a limit of £1000 for all credit/debit card payments.

Cheques and postal orders must be made payable to 'Radiocommunications Agency'. The Agency collects direct debits on the renewal date or on the last working day of the month, if the renewal date falls on a weekend or public holiday.

The Agency does not offer instalment payment facilities. The full fee must be paid before the due date.

Failed Receipts

Cheques

When a bank/building society returns a cheque to the Agency, the Agency will inform the licensee that the cheque has not been honoured. The letter will state the bank's/building society's reason for failure and invite the licensee to submit a replacement cheque. If the renewal date has already passed the licensee will be given notice of the Agency's intention to revoke the licence(s). If a replacement cheque fails, the licence will be revoked immediately and the licensee will be given 28 days to make representations to the Agency against the revocation.