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Revocation of licences

Revocation of a licence can occur for a number of reasons. These reasons may include where:-

• A breach of the licence has occurred, which means non-adherence to the terms and conditions of the licence. The severity of the breach will be a determining factor in the extent of the action; ultimately revocation and legal action maybe required (e.g. non-payment of renewal fees).
• The licensee is not using the spectrum in a responsible manner (e.g. if the licensee has previously breached another licence's conditions).
• Compliance with a Direction from the Secretary of State
• The use of the radio equipment is causing or contributing to undue interference, to the use of other authorised radio equipment.
• For non payment of licence fees at the renewal interval for licences which run on from year to year. This is the most common reason for revocation. Consequently the reminder process for payment of renewal fees starts 6 weeks before a licence is due to be renewed, when Ofcom sends the licensee a renewal letter stating the date the licence needs to be renewed by, the cost of the licence and assignment that the licence covers. The day after the licence should have been renewed, an intention to revoke letter is sent to the licensee, stating that they have one month to make representations or pay the licence fee.

For all revocations and variations, Ofcom (except where the licensee consents) must give the licensee a notice stating the reasons for the revocation and specifying a period (generally a month) during which the licensee can make representations or, where a licensee is not complying with the terms of a licence, comply with the licence terms.

Appeals against a revocation can be brought under the terms of the WT Act.

How the appeals process works

A person aggrieved by any of the above decisions, can appeal on either or both of the following grounds:

• That an error of fact has been made
• That an error of law has been made

The Communications Act has provided new arrangements for appeals to heard by the Competition Appeal Tribunal ( CAT ). These include:

• Appeals decided by the CAT on the merits and by reference to the grounds of the appeal set out in the notice of appeal
• The CAT must include in its decision, a decision as to what (if any) is the appropriate action for Ofcom (or other decision taker) to take in relation to the subject- matter of the decision under appeal
• The CAT may then remit the decision under appeal to the decision maker with such directions (if any) as the CAT considers appropriate to effect its decision
• A decision of the CAT may be appealed to the Court of Appeal or Court of Session (in Scotland ) on a point of law.

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