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Summary

1.1 On 12 April 2006, Ofcom published a consultation document concerning Wireless Telegraphy Act licence fee proposals for encouraging internet licensing. The consultation set out a number of deregulatory proposals for removing or simplifying fees, expected to start from 1 October 2006^(-1-) for ship radio, ship portable radio and for amateur radio licences. This statement explains Ofcom’s decision in relation to the proposals on fees. It complements a number of other announcements made by Ofcom concerning these licences which include:

• Ships' radio licensing (12 December 2005) ;
• Amateur radio licensing (14 February 2006) ; and
• Lifetime amateur radio licensing and Lifetime ships' radio licensing - Format of new licences (both on 4 July 2006).

1.2 In order to bring the proposals into effect, Ofcom is required to make statutory regulations to make or change fees for Wireless Telegraphy Licences (the licences under which use of radio spectrum equipment is authorised). This document also provides statutory notice of Ofcom’s intention to make these regulations.

1.3 The consultation period ended on 16 May 2006. Ofcom received a total of 117 responses. In making its policy decisions, Ofcom has carefully considered every response about the proposals it has received from stakeholders.

1.4 The majority of responses were favourable and no specific concerns were raised about ship radio or ship portable radio licences. Many of the responses from amateur radio licensees positively welcomed the proposals for simplifying licensing. However, some concerns were raised as to how the proposals would be implemented in practice and others felt that these proposals could lead to further deregulation of the amateur hobby.

1.5 A number of specific concerns were raised about removing the current concessions for free licences for amateur radio licensees under 21 years of age, or 75 years of age or over. However in response to the concerns raised by certain respondents regarding the cost to future applicants aged 75 years of age or over Ofcom has decided, for the time being, to waive the licence fee for those who apply for a licence by post, so that the concession for issuing a free licence to qualifying persons will continue irrespective of the application method. However Ofcom does intend to charge persons under 21 years old for postal applications.

1.6 After consideration of all the responses, Ofcom considers that there continues to be a good case for providing free electronic lifetime licences to users of the online web-based system for ship radio, ship portable radio and for amateur radio licensees and is therefore now proposing to implement these proposals with the minor modification explained above.

1.7 To give legal effect to these decisions, Ofcom must make regulations using its powers (exercisable by statutory instrument) under the Wireless Telegraphy Act 1998 “The 1998 Act” as amended by the Communications Act 2003, (“The 2003 Act”). To achieve this, Ofcom is giving notice of proposals to make regulations under section 403 of the 2003 Act. The closing date for representations is 20 August 2006.

1.8 Section 2 of this document considers the responses to the consultation in more detail and explains Ofcom’s decision following the consultation, section 3 explains the general effect of the draft Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2006 (“the Regulations”) and section 4 contains the Regulatory Impact Analysis of the Regulations.

Footnotes:

1.- This remains our current plan but could be delayed

The full document is available below:

• Wireless Telegraphy Act licence charges amendments - Statement and notice of Ofcom’s intention to make statutory regulations [pdf]
  Full Print Version
• Responses
• Wireless Telegraphy Licence Charges (Amendment) Regulations - Relating to Ship Radio, Ship Portable Radio and Amateur Radio licences
  Published 2 November 2006

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