Communications Act 2003: first radio spectrum provisions take effect from 25 July 2003

The Communications Act 2003 received Royal Assent on 17 July. Under a Commencement Order, some of the Act's provisions came into effect on 25 July, implementing the requirements of the European Framework Directive and Authorisation Directive with regard to radio spectrum.

The radio spectrum provisions mirror others relating to networks and services, which ended the Telecommunications Act licensing regime. More information about these latter provisions may be found on the Oftel website (www.oftel.gov.uk/press/releases/2003/pr41_03.htm).

The changes to radio spectrum management primarily relate to the way the Agency administers the granting of rights of use, and to increases in the transparency of our processes. The key changes that came into effect on 25 July can be summarised as follows:

There is an overall time limit of six weeks for granting most licences or changes to licences, unless international clearance or a competition is involved. For some classes, the Agency sets standards that are shorter than this statutory limit.

There is an onus on the Secretary of State to consider licence exemption wherever possible, unless there is good reason on interference or international grounds to have a licence.

Limits to the numbers of licences that may be issued are now published in a new Order, SI 1902/2003.

A new Frequency Authorisation Plan is now required, and has been published on our website.

We need to have transparent procedures for processing licences; these are contained in our published Licensing Manuals and Guidance Notes. The procedures, and the licence terms, must be objective, non-discriminatory and transparent.

The procedures for varying or revoking licences are slightly changed. We must normally give one month's notice, during which time any representations may be made. However, this timescale does not apply if the change follows repeated contraventions of licence conditions.

Contraventions of licence and exemption conditions must now be notified to the user, who will be given time (normally one month) to remedy them or make representations. Prosecution for a contravention cannot take place unless the notification procedure has been carried out, except where the contravention causes immediate risks to others. There is a change to the appeals process against closedown under interference regulations. The definition of undue interference has been amended.

There are new provisions for appeals against decisions taken, and for investigating disputes between providers of services. These are identical or similar to procedures for networks and services.

For some licence classes (a list of which will be published shortly), we are starting to roll out a standard "Licence Terms and Conditions" booklet, which reflects the new provisions. For these classes, the new conditions will be granted with new licences and at renewal of existing licences. A copy of the booklet will be placed on the Agency website soon; hard copies are also available. It must be emphasised that the new conditions do not further limit any licensee's existing rights to use radio spectrum.

Later this year, the responsibility for spectrum management will transfer to the new Office of Communications (Ofcom). Other new provisions, such as the introduction of spectrum trading, may then follow. It is expected that Ofcom will make further announcements about such powers.

Details of the new Communications Act may be found on the Government website www.communicationsbill.gov.uk.