Statutory Instruments
1997 No. 1885
TELEGRAPHS
The Wireless Telegraphy (Licence Charges) (Amendment No. 2) Regulations 1997
Made
30th July 1997
Laid before Parliament
31st July 1997
Coming into force
1st September 1997
The Secretary of State, in exercise of the powers conferred by section 2(1) of the Wireless Telegraphy Act 1949(1), and now vested in her(2), the power conferred on her by article 8 of the Department of Trade and Industry (Fees) Order 1988(3), and of all other powers enabling her in that behalf, hereby, with the consent of the Treasury, makes the following Regulations:
1. These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment No. 2) Regulations 1997 and shall come into force on 1st September 1997.
2. The Wireless Telegraphy (Licence Charges) Regulations 1995(4) are hereby amended as follows:
(a)in regulation 3(4), for sub-paragraphs (a), (d) and (f) there shall be substituted respectively the following sub-paragraphs:
“(a)“area” in relation to a channel means a channel specified in such licence which the licensee may use in an area with a population coverage of 200,000 individuals or more but below 2 million individuals;”;
“(d)“premium case” means a case where at the applicant’s request such licence is granted or varied outside office hours; and for the purposes of this definition “office hours” means 09.00 to 17.00 hours from Monday to Friday other than on a day which is a bank holiday in England and Wales;”; and
“(f)“regional” in relation to a channel means a channel specified in such licence which the licensee is authorised to use in an area with a population coverage of 2 million individuals or more but below 12 million individuals;”;
(b)in regulation 3(4), there shall be inserted the following sub-paragraphs:
“(ea)“programme making” includes the making of a programme for broadcast, the making of a film, presentation, advertisement or audio or video tape, and the staging or performance of an entertainment, sporting or other public event;”;
“(eb)“programme sound link” in relation to a channel means a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station;”; and
“(ga)“restricted service programme sound link” in relation to a channel means a channel used to transmit the material produced in programme making from a fixed transmission station to a fixed receiving station where the transmission is for a period not exceeding thirty consecutive days;”;
(c)in regulation 4(2), the words “such day not being a time at which the licence falls to be renewed,” shall be inserted between the words “as the case may be),” and the words “shall be the prescribed time”; and
(d)in Schedule 4, the provisions in the Schedule to these Regulations shall be substituted for the provisions relating to the categories headed “Broadcasting and Ancillary Services” and “Hobby Radio”.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
28th July 1997
We consent to these Regulations
Bob Ainsworth
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 1997
Regulation 2(d)
SCHEDULE
Class of licence
The prescribed sum in respect of the issue or renewal of the licence and in respect of the prescribed time:
Fixed sums
Variable sums
The prescribed time: Interval of time for payment
Broadcasting and Ancillary Services
Programme Making and Special Events Fixed Site
For the issue of a licence, in a premium case, £50 plus the following supplemental sum:
For the single channel talk-back or radio microphone for specific site–
£20 per channel per site
For multi-channel talk-back or radio microphone, or wideband channel for specific sites–
£80 per multi-channel or wideband channel per site
For the variation of a licence, in a premium case, £50 plus the following supplemental sum:
For the variation of a licence by adding an occasional use channel or a restricted service programme sound link channel, the sum payable on issue in respect of such channel, and for any other variation of a licence, such sum as represents one-twelfth of the supplemental sum payable for the issue of a licence for the type of channel to which the additional channel belongs multiplied by the number of complete calendar months from the addition of the channel to the next anniversary of the issue of the licence
Provided that for a variation of a licence where the aggregate sum payable would otherwise be less than £20, a transaction charge
None, save in relation to the sume which is to be paid upon the variation of a licence, where the prescribed time is the time of such variation
Programme Making and Special Events Low Power
For the issue of a licence, in a premium case, £50 plus the following supplemental sum:
In any case other than a premium case, where the aggregate sum payable on the issue of a licence would otherwise be less than £20, a transaction charge, plus–
For a single channel radio microphone–
£8 per occasional use channel
£480 per request channel
£960 per primary UK channel
£96 per shared UK channel
£240 per primary regional channel
£96 per primary area channel
£48 per primary local channel
Multi-channel radio microphone, or single wideband channel–
£40 per occasional use multi-channel or wideband channel £2,400 per request multi-channel or wideband channel £160 per shared UK multi-channel or wideband channel
For the variation of a licence, in a premium case, £50 plus the following supplemental sum:
For the variation of a licence by adding an occasional use channel or a restricted service programme sound link channel, the sum payable on issue in respect of such channel, and for any other variation of a licence, such sum as represents one-twelfth of the supplemental sum payable for the issue of a licence for the type of channel to which the additional channel belongs multiplied by the number of complete calendar months from the addition of the channel to the next anniversary of the issue of the licence
Provided that for a variation of a licence where the aggregate sum payable would otherwise be less than £20, a transaction charge
None, save in relation to the sum which is to be paid upon the variation of a licence, where the prescribed time is the time of such variation
Programme Making and Special Events Link
For the issue of a licence, in a premium case, £50 plus the following supplemental sum:
In any case other than a premium case, where the aggregate sum payable on the issue of a licence would otherwise be less than £20, a transaction charge, plus–
For occasional use:
£2 per channel of 12.5 kHz in the band 26–65 MHz
£6 per channel of 12.5 kHz in the band 65–470 MHz
£2 per channel of 12.5 kHz in the band 470–1000 MHz
£12 per channel of 0.5 MHz in the band 1–2 GHz
£20 per channel of 5 MHz in the band 2–5 GHz
£12 per channel of 5 MHz in the band 5–8 GHz
£6 per channel of 5 MHz in the band 8–20 GHz
£4 per channel of 5 MHz in the band 20–40 GHz
£2 per channel of 5 MHz in the band above 40 GHz
For request channels:
£120 per channel of 12.5 kHz in the band 26–65 MHz
£360 per channel of 12.5 kHz in the band 65–470 MHz
£120 per channel of 12.5 kHz in the band 470–1000 MHz
£720 per channel of 0.5 MHz in the band 1–2 GHz
£1,200 per channel of 5 MHz in the band 2–5 GHz
£720 per channel of 5 MHz in the band 5–8 GHz
£360 per channel of 5 MHz in the band 8–20 GHz
£240 per channel of 5 MHz in the band 20–40 GHz
£120 per channel of 5 MHz in the band above 40 GHz
For primary regional channels:
£60 per channel of 12.5 kHz in the band 26–65 MHz
£180 per channel of 12.5 kHz in the band 65–470 MHz
£60 per channel of 12.5 kHz in the band 470–1000 MHz
£360 per channel of 0.5 MHz in the band 1–2 GHz
£600 per channel of 5 MHz in the band 2–5 GHz
£360 per channel of 5 MHz in the band 5–8 GHz
£180 per channel of 5 MHz in the band 8–20 GHz
£120 per channel of 5 MHz in the band 20–40 GHz
£60 per channel of 5 MHz in the band above 40 GHz
For secondary regional channels and primary area channels:
£24 per channel of 12.5 kHz in the band 26–65 MHz
£72 per channel of 12.5 kHz in the band 65–470 MHz
£24 per channel of 12.5 kHz in the band 470–1000 MHz
£144 per channel of 0.5 MHz in the band 1–2 GHz
£240 per channel of 5 MHz in the band 2–5 GHz
£144 per channel of 5 MHz in the band 5–8 GHz
£72 per channel of 5 MHz in the band 8–20 GHz
£48 per channel of 5 MHz in the band 20–40 GHz
£24 per channel of 5 MHz in the band above 40 GHz
For secondary area channels and primary local channels:
£12 per channel of 12.5 kHz in the band 26–65 MHz
£36 per channel of 12.5 kHz in the band 65–470 MHz
£12 per channel of 12.5 kHz in the band 470–1000 MHz
£72 per channel of 0.5 MHz in the band 1–2 GHz
£120 per channel of 5 MHz in the band 2–5 GHz
£72 per channel of 5 MHz in the band 5–8 GHz
£36 per channel of 5 MHz in the band 8–20 GHz
£24 per channel of 5 MHz in the band 20–40 GHz
£12 per channel of 5 MHz in the band above 40 GHz
For programme sound link use:
£36 per channel of 12.5 kHz in the band 26–65 MHz
For restricted service programme sound link use:
£10 per channel of 12.5 kHz in the band 26–65 MHz
£30 per channel of 12.5 kHz in the band 65–470 MHz
£10 per channel of 12.5 kHz in the band 470–1000 MHz
For the variation of a licence, in a premium case,
£50 plus the following supplemental sum:
For the variation of a licence by adding an occasional use channel or a restricted service programme sound link channel, the sum payable on issue in respect of such channel, and for any other variation of a licence, such sum as represents one-twelfth of the supplemental sum payable for the issue of a licence for the type of channel to which the additional channel belongs multiplied by the number of complete calendar months from the addition of the channel to the next anniversary of the issue of the licence
Provided that for a variation of a licence where the aggregate sum payable would otherwise be less than £20, a transaction charge
None, save in relation to the sum which is to be paid upon the variation of a licence, where the prescribed time is the time of such variation
Restricted Radio Services Transmission (Class A—Freely Radiating)
For each medium wave broadcasting band frequency–
£15 per day
For each VHF broadcasting band frequency–
£25 per day where the power of transmission does not exceed 1 W ERP
£40 per day where the power of transmission exceeds 1 W ERP
None
Restricted Radio Services Transmission (Class B—Radiating Cable)
£100 per channel
Yearly
Restricted Radio Services Transmission (Class C—Freely Radiating Very Low Power)
£100 per channel
Yearly
Transmission of National and Local Radio Broadcasting Services
Any number of transmitters in the medium wave broadcasting band–
coverage of less than 100,000 people–£226
coverage of 100,000 people or more–£339 per complete 100,000 people covered, any final group of less than 100,000 people being disregarded
Any number of transmitters in the VHF broadcasting band–
coverage of less than 100,000 people–£339
coverage of 100,000 people or more–£509 per complete 100,000 people covered, any final group of less than 100,000 people being disregarded
Yearly
Hobby Radio
Amateur Radio
£15 per person aged 21 years or over; no charge for persons aged under 21 years
None
Amateur Radio Novice
£15 per person aged 21 years or over; no charge for persons aged under 21 years
None
Citizen’s Band Radio
£15
None
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Wireless Telegraphy (Licence Charges) Regulations 1995 (S.I. 1995/1331, “the 1995 Regulations”, as amended by the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1996 (S.I. 1996/1464) and the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1997 (S.I. 1997/1006)) by amending the definitions in regulation 3(4) relating to wireless telegraphy licences required for programme making.
These Regulations also substitute new provisions in Schedule 4 to the 1995 Regulations relating to the category of licences headed “Broadcasting and Ancillary Services”. The major effect of the new provisions is to change the basis of charging fees for a Restricted Radio Services Transmission (Class A—Freely Radiating) Licence to a daily rate, and to simplify the fees payable for a Restricted Radio Services Transmission (Class B—Radiating Cable) Licence. The Regulations introduce a Restricted Radio Services Transmission (Class C—Freely Radiating Very Low Power) Licence. The Regulations also introduce fees for programme making sound link channels in respect of the Programme Making and Special Events Link Licence.
In addition, the Regulations amend the provisions in Schedule 4 relating to the category of licences headed “Hobby Radio”in order to provide that as with an existing Amateur Radio Novice Licence, no fee is payable for an Amateur Radio Licence by persons aged under 21.
(1)
1949 c. 54; section 2 was extended to the Channel Islands by S.I. 1952/1900, as amended by S.I. 1967/1279 and S.I. 1969/1369, and to the Isle of Man by S.I. 1952/1899; there are amendments to section 2 not relevant to these Regulations.
(2)
Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3; S.I. 1969/1371, article 2; S.I. 1974/691, article 2.
(3)
S.I. 1988/93, as amended by S.I. 1990/1473, which were made under section 102 of the Finance (No.2) Act 1987 (c. 51).
(4)
S.I. 1995/1331, as amended by S.I. 1996/1464 and S.I. 1997/1006.
