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Summary

1.1 This Statement confirms that following a formal consultation process, Regulations in connection with recognised spectrum access (“RSA”) for radio astronomy have been made by Ofcom and will come into force on 8 March 2007.

1.2 Notice of Ofcom’s proposal to make Regulations in connection with Recognised Spectrum Access for radio astronomy (the “Statutory Notice”) was published on 10 November 2006 and is available electronically on Ofcom’s website http://www.ofcom.org.uk/consult/condocs/rsa/. The Statutory Notice arose from Ofcom’s original consultation and statement on RSA for radio astronomy, both published in 2005^(-1-). The Statutory Notice proposed four statutory instruments to give effect to RSA in connection with radio astronomy, namely:

• RSA Regulations;
• a Limitations Order applying to the number of grants of RSA;
• Wireless Telegraphy Register Amendment Regulations. These amending Regulations include two non-RSA changes that were the subject of separate statutory consultations. More details is provided in section 3; and
• RSA Charges Regulations.

1.3 The Statutory Notice closed on 18 December 2006. On 24 November 2006 Ofcom published a short document intended to provide clarification on a specific point raised in the Statutory Notice about the process for setting parameters about interference levels, spectrum quality benchmarks and whether other spectrum users will be involved^(-2-).

Responses to the consultation

1.4 Ofcom received three responses to its Statutory Notice, one of which comprised a confidential and non-confidential version. The comments raised in the responses are discussed in Section 3. The respondents are listed in Annex 1 and the non-confidential content of the responses has been placed on Ofcom’s website.

1.5 One respondent agreed with the proposed regulations, one generally supported them but made two detailed comments and one opposed the introduction of RSA. Ofcom has carefully considered the responses but does not consider that they would justify reconsidering the introduction of RSA for radio astronomy and has therefore decided to proceed with making the regulations in the form proposed by the Notification with no material changes as a result of the responses. Changes have however been made to the statutory powers referenced in the Regulations to reflect the coming into force of the Wireless Telegraphy Act 2006 (the “Act”) on 8 February 2007. Ofcom has now made the Regulations which will come into force on 8 March 2007.

1.6 As previously stated in the Statutory Notice, these Regulations relate to the introduction of RSA for spectrum used for radio astronomy. Work is being undertaken separately in relation to the introduction of RSA in relation to Crown bodies, which will be the subject of a separate consultation later this year.

1.7 The remainder of this Statement is structured as follows:

• Section 2 provides a brief outline of radio astronomy and RSA;
• Section 3 summarises the general effect of the Regulations, responses to the Statutory Notice on the draft regulations and Ofcom’s conclusions;
• Annex 1 lists respondents to the Statutory Notice; and
• Annex 2 contains the Regulatory Impact Assessment for the various Regulations that have been made.

Footnotes:

1.- http://www.ofcom.org.uk/consult/condocs/astronomy/statement/statement.pdf and http://www.ofcom.org.uk/consult/condocs/astronomy/main/radio_astronomy.pdf

2.- http://www.ofcom.org.uk/consult/condocs/rsa/clarification/clarification.pdf

The full document is available below

• Statement on Regulations for Recognised Spectrum Access as applied to Radio Astronomy 2007 [pdf]
  Full Print Version

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