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Managing the radio spectrum: The role of Ofcom

Radio waves, used by millions world-wide, do not conveniently stop at political or administrative boundaries. Without adequate planning and management, radio signals from different users and services would interfere with each other and radio could become useless as a means of communication. It is the role of Ofcom to manage the radio spectrum so as to ensure that it is used in the most efficient and effective way for the overall benefit of the UK . Ofcom’s statutory duties for carrying out spectrum functions are set out in the Wireless Telegraphy Act 2006 and the Communications Act 2003 and include having regard for availability and demand for spectrum, efficient and economic use, and a number of other duties.

Primary legislation

In the UK , radio use is governed by both primary legislation (Acts of Parliament) and secondary legislation (statutory instruments made under the Acts). Currently there are two main areas of primary legislation relevant to the radio spectrum:

• Wireless Telegraphy Act 2006 (the ‘WT Act’)
• Communications Act 2003 (the ‘Communications Act’)

Most spectrum provisions are now included in the Wt Act which was recently consolidated and replaces provisions that were contained in 6 different pieces of legislation. In particular, ,the WT Act requires that radio equipment may only be used under the grant of a licence except where regulations have been made to exempt specific types of apparatus from needing a licence to use it. The Communications Act now deals more widely with Ofcom’s wider duties, but spectrum provisions are now largely contained in the WT Act.

Independent television and radio stations and restricted radio and TV services may also need a Broadcasting Act licence. Licences are issued by Ofcom. The WT Act no longer requires that a Telecommunications Act licence is needed to run a telecommunications service, but the Act sets out a framework for providing such services.

Secondary legislation

Within an Act, there are powers to make secondary legislation typically in the form of regulations or orders. Regulations made by Ofcom under the WT Acts include:

• licence exemption regulations - details of current exempted equipment;
• licence charges regulations - current fees for licences;
• limitation of number of licences regulations - details of the number of wireless telegraphy licences granted for which frequencies and purposes;
• trading regulations which enable licence transfers and the publication of a transfer register;
• register regulations which give details of licences on issue;
• regulations which limit interference in certain equipment;
• regulations that restrict the use of certain prohibited radio equipment;
• further regulations which Ofcom expect to make include procedures for issuing licences and Recognised Spectrum Access (RSA) regulations; and
• regulations made from time to time when competitions for specific awards of spectrum are commenced. These are separately announced at the time of making.

Other secondary regulations are made by The Secretary of State under the European Communities Act 1972 to implement European Directives. Such regulations which impact on Ofcom include:

• SI 2000 No. 730, the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 - implementing the R& TTE Directive.

In 2003 a new set of Directives for Electronic Communications came into effect. This included a Framework Directive (2002/21/EC) and an Authorisation Directive (2002/20/EC). The provisions affecting wireless telegraphy use were implemented in the UK through the Communications Act 2003 and associated implementing Orders.

 

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