CIRD70305 - Telecommunications licences and rights: wireless telegraphy licences: background
A draft Communications Bill was laid before Parliament in May
2002. This page tells you about the regulatory framework before any
changes introduced by that Bill.
The use of radio is regulated in the UK. Its use is carefully
planned to give as high a standard of service as possible.
Unauthorised use of radio can cause harmful interference to
legitimate users. Lives may be put at risk if the radios used by
emergency services suffer interference; the successful running of a
business can be affected by radio interference, and listeners can
be prevented from enjoying their favourite radio station by
interference. Radio does not stop at frontiers and its use is
regulated internationally by the radio regulations, which are
agreed at meetings of the International Telecommunications Union.
The Secretary of State for Trade and Industry is responsible
for the regulation of radio and the radio communications agency
acts on the Secretary of State's behalf.
The Wireless Telegraphy Act 1949
Section 1 of the 1949 Act forbids the installation or use of
wireless telegraphy equipment (radio) unless a licence has been
obtained from the Secretary of State or the equipment has been
exempted from licensing.
A licence may be subject to limitations and, for example, may
allow use only on a certain frequency; only with a certain power
and level of emission; only if it does not cause undue
interference, and only within a certain area.
The Wireless Telegraphy Act 1998
Section 3 of the 1998 Act allows the Secretary of State to
auction wireless telegraphy licences. In order to hold an auction
the Secretary of State has to make regulations specifying the
licences to be auctioned and issue a notice setting out the
procedure.
The rules in FA00/SCH23 apply to wireless telegraphy licences
which have been granted following an auction under regulations made
under Section 3 of The Wireless Telegraphy Act 1998.
They do not apply to other wireless telegraphy licences, to
licences granted under other legislation or to equivalent overseas
licences.
