The Wireless Telegraphy (Limitation of Number of Licences) Order 2014

• Citation: S.I. 2014/774
• Sections: 64

Section 1 Citation and commencement

This Order may be cited as the Wireless Telegraphy (Limitation of Number of Licences) Order 2014 and shall come into force on 9th April 2014.

Section 2 Revocation

The Wireless Telegraphy (Limitation of Number of Licences) Order 2003 and The Wireless Telegraphy (Limitation of Number of Licences) (Amendment) Order 2006 are hereby revoked.

Section 3 Interpretation

In this Order

“electronic communications network”, “electronic communications service” and “associated facility” have the meaning given to them by section 32 of the Communications Act 2003 ;

“ the Radio Regulations ” means the 2012 edition of the Radio Regulations made under Article 13 of the Constitution of the International Telecommunications Union .

Section 4 Wireless telegraphy licences to be limited in number

OFCOM will grant only a limited number of wireless telegraphy licences at the frequencies and for the uses specified in Part 1 of each of Schedules 1 to 9.

Section 5 Criteria for limiting the number of wireless telegraphy licences

OFCOM shall in relation to the frequencies and uses set out in Part 1 of each of Schedules 1 to 9—

(a) apply the criteria relating to the persons to whom wireless telegraphy licences may be granted specified in Part 2 of the Schedule concerned;

(b) apply the criteria limiting the number of wireless telegraphy licences specified in Part 3 of the Schedule concerned; and

(c) take into account the ability of each applicant for a wireless telegraphy licence to meet the licence terms, provisions and limitations applying to that wireless telegraphy licence,

in determining the limit on the number of wireless telegraphy licences to be granted and the persons to whom wireless telegraphy licences will be granted.

Section 6 Determination of limitations on the number of wireless telegraphy licences

OFCOM shall consider applications for each category of licence (and apply any criteria specified in Parts 2 and 3 of Schedules 1 to 9) in the order of receipt of each correctly completed application form.

Section 1

(1) A wireless telegraphy licence may only be granted to the British Broadcasting Corporation ( BBC ) or persons who possess one of the following licences:

(a) a licence to provide television multiplex services under Part I of the Broadcasting Act 1996 ;

(b) a licence to provide restricted television services under Part I of the Broadcasting Act 1990 ;

(c) a licence to provide independent radio services under Part III of the Broadcasting Act 1990;

(d) a licence to provide radio multiplex services under Part II of the Broadcasting Act 1996;

(e) a licence to provide restricted radio services under Part III of the Broadcasting Act 1990; and

(f) a community radio licence under Part III of the Broadcasting Act 1990 .

Section 2

Applicants must be seeking authority to use the assigned frequencies solely for the transmission and reception of signals as part of a broadcasting service as defined in Article 1.38 of the Radio Regulations.

Section 3

The availability of wireless telegraphy licences at these frequencies and for these uses is limited by the technical frequency assignment criteria set out in the Technical Frequency Assignment Criteria for Television and Sound Broadcasting published by OFCOM .

Section 1

None

Section 2

The availability of wireless telegraphy licences for these uses and at these frequencies is limited by the technical frequency assignment criteria set out in the Technical Frequency Assignment Criteria for Programme Making and Special Events published by OFCOM ,with the exception of the UK Wireless Microphone (Annual) licence and the UK Wireless Microphone (Biennial) licence for which the technical frequency assignment criteria do not limit the number of licences.

Section 1

An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003.

Section 2

Applicants must be seeking authority to use the assigned frequencies solely for the transmission and reception of signals as part of a “ fixed service ” as defined in Article 1.20 of the Radio Regulations.

Section 3

The availability of wireless telegraphy licences is limited at these frequencies and for these uses by the technical frequency assignment criteria set out in the OFCOM publications applying to the frequencies concerned .

Section 1

An applicant cannot be a person whose entitlement to provide electronic communications networks or electronic communications services, or to make associated facilities available is suspended or restricted under the Communications Act 2003 .

Section 2

The availability of a Complementary Ground Components of a Mobile Satellite System licence is limited to persons authorised in accordance with the requirements of The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010 .

Section 3

The availability of Satellite (Permanent Earth Station) licences, Satellite (Earth Station-Non-Geostationary) licences, Satellite (Earth Station-Non-Fixed Satellite Service) licences, Satellite (Transportable Earth Station) licences and Satellite (Earth Station Network) licences is limited at any particular location at these frequencies by the relevant technical criteria published by OFCOM .

Section 1

Applicants must be seeking authority to use the assigned frequencies solely for the transmission or reception of signals as part of a “maritime mobile service”, “maritime mobile-satellite service”, “maritime radionavigation service” or “maritime radionavigation-satellite service” as these terms are each defined in Article 1 of the Radio Regulations.

Section 2

An applicant for a Coastal Station Radio (UK) licence or Costal Station Radio (UK) Area Defined licence must be seeking authority to use the assigned frequency solely to communicate with vessels on commercial matters using a private maritime channel.

Section 3

An applicant for a Coastal Station Radio (Marina) licence must be seeking authority to operate a sailing or yacht club, or operate a marina or similar facility, and must propose to transmit solely for the purpose of communications concerning the movement and berthing of pleasure craft or to control races.

Section 4

An applicant for a Coastal Station Radio (International) licence or Coastal Station Radio (International) Area Defined licence must be seeking authority to operate a coast station for the purposes of a “ship movement service”, “port operations service” or “ safety service ” as defined in Article 1 of the Radio Regulations.

Section 5

An applicant for a Ship Radio licence may be granted a licence only if the ship is registered in the United Kingdom, the Isle of Man or the Channel Islands.

Section 6

An applicant for a Maritime Navigational Aids and Radar licence or an Automatic Identification System licence must be a person responsible for ship movement or coastal surveillance.

Section 7

An applicant for a Maritime Radio (Suppliers and Demonstration) licence must be a person engaged in the manufacture, development, repair, demonstration or supply of maritime radio equipment.

Section 8

The availability of the Coastal Station Radio (UK) licences, Costal Station Radio (UK) Area Defined licences, Coastal Station Radio (Marina) licences, Coastal Station Radio (International) licences, Coastal Station Radio (International) Area Defined licences and Differential Global Positioning System licences is limited in any particular location at these frequencies by the frequency-co-ordination requirements and any technical frequency assignment criteria set out in the Coastal Station Radio OFCOM information booklet published by OFCOM .

Section 9

The availability of Automatic Identification System licences is limited in any particular location at these frequencies by the availability of time slots.

Section 1

An applicant must propose to use the radio equipment in an aircraft or similar airborne apparatus.

Section 2

An applicant must propose to use the radio equipment in an aircraft or similar airborne apparatus.

Aeronautical Ground Station (Air Traffic/Ground Movement Control)

Aeronautical Ground Station (General Aviation)

Aeronautical Ground Station (Air/Ground Communication Services)

Aeronautical Ground Station (Airfield Flight Information Service)

Section 3

The station must be situated in the Isle of Man or the Channel Islands.

Section 4

An applicant must be a person responsible for air traffic control.

Section 5

An applicant must demonstrate that the station is operated in accordance with the safety requirements that are applicable in the location where the station is situated .

Aeronautical Ground Station (Recreational Aviation)

Aeronautical Ground Station (A/G, AFIS and Tower)

Aeronautical Ground Station (Approach)

Aeronautical Ground Station (Area Control)

Aeronautical Ground Station (Aeronautical Broadcast)

Section 6

An applicant must be a person responsible for air traffic control.

Section 7

An applicant must demonstrate that the station is authorized in accordance with the Air Navigation Order 2016 or where the station is situated in the Isle of Man or the Channel Islands, the safety requirements that are applicable in the location where the station is situated.

Aeronautical Ground Station (High Frequency)

Section 8

An applicant must be seeking authority to use the assigned frequencies solely for the purposes of communication with aircraft.

Section 9

An applicant must demonstrate that the station is authorized in accordance with the Air Navigation Order 2016 or where the station is situated in the Isle of Man or the Channel Islands, the safety requirements that are applicable in the location where the station is situated.

Aeronautical Ground Station (Offshore Platform)

Section 10

The station must be situated in the Isle of Man or the Channel Islands.

Section 11

An applicant must be the owner or operator of an offshore platform and must undertake to use the assigned frequencies solely for the purposes of communication with aircraft as well as emergency mobile ground stations and airport vehicles.

Section 12

An applicant must demonstrate that the station is operated in accordance with the safety requirements that are applicable in the location where the station is situated.

Aeronautical Station (Offshore)

Section 13

An applicant must be the owner or operator of an offshore platform and must be seeking authority to use the assigned frequencies solely for the purposes of communication with aircraft, emergency mobile ground stations or airport vehicles.

Section 14

An applicant must demonstrate that the station is authorized in accordance with the Air Navigation Order 2016 or where the station is situated in the Isle of Man or the Channel Islands, the safety requirements that are applicable in the location where the station is situated.

Aeronautical Navigational Aid Stations

Aeronautical Radar

Section 15

An applicant must demonstrate that the equipment he intends to use under an Aeronautical Navigational Aid Stations licence or an Aeronautical Radar licence is an aeronautical navigation installation approved by the Civil Aviation Authority, the Department of Economic Development (Isle of Man), the Director of Civil Aviation (Guernsey) or the Director of Civil Aviation (Jersey).

Aeronautical Ground Station (Operations Control)

Section 16

The station must be situated in the Isle of Man or the Channel Islands.

Section 17

An applicant must be seeking to use the assigned frequencies solely for the purposes of operation control, where “ operation control ” means the exercise of authority over the initiation, continuation or diversion of a flight, in the interest of the safety of the aircraft and the regularity and efficiency of the flight.

Section 18

An applicant must demonstrate that the station is authorized in accordance with the Air Navigation Order 2016 or the safety requirements that are applicable to the location where the station is situated.

Aeronautical Ground Station (Fire)

Section 19

The station must be situated in the Isle of Man or the Channel Islands.

Section 20

An applicant must be able to demonstrate that the station is to be used in the provision of a rescue and fire fighting service.

Aeronautical Station (Fire and Emergency)

Section 21

An applicant must be able to demonstrate that the station is to be used in the provision of a rescue and fire fighting service.

Aeronautical Station (ACARS)

Aeronautical Station (VDL)

Aeronautical Station (Aerodrome Surface and Operational Control)

Section 22

An applicant must be seeking to use the assigned frequencies solely for the purposes of operation control, where “ operation control ” means the exercise of authority over the initiation, continuation or diversion of a flight, in the interest of the safety of the aircraft and the regularity and efficiency of the flight.

Section 23

An applicant must demonstrate that the station is authorized in accordance with the Air Navigation Order 2016 or where the station is situated in the Isle of Man or the Channel Islands, the safety requirements that are applicable to the location where the station is situated.

Section 24

An applicant must intend to operate a station solely for the transmission or reception of signals as part of an “aeronautical mobile service”, “aeronautical mobile-satellite service” or an “ aeronautical radionavigation service ” as defined in Article 1 of the Radio Regulations.