uksi/2016/495 — The 1452-1492 MHz and 3400-3800 MHz Frequency Bands (Management) Regulations 2016

2016 No. 495 Electronic Communications The 1452-1492 MHz and 3400-3800 MHz Frequency Bands (Management) Regulations 2016 Made 6th April 2016 Laid before Parliament 13th April 2016 Coming into force 6th May 2016 The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in respect of matters relating to electronic communications, in exercise of the powers conferred by that section makes the following Regulations: Citation, commencement and interpretation 1 These Regulations may be cited as the 1452-1492 MHz and 3400-3800 MHz Frequency Bands (Management) Regulations 2016 and come into force on 6th May 2016. 2 In these Regulations— “ the Act ” means the Wireless Telegraphy Act 2006 ; “ Commission Decision 2008/411/EC ” means Commission Decision 2008/411/EC of 21st May 2008 on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community as amended by Commission Implementing Decision 2014/276/EU of 2nd May 2014 ; “ Commission Implementing Decision (EU) 2015/750 ” means Commission Implementing Decision (EU) 2015/750 of 8th May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union ; “ OFCOM ” means the Office of Communications as established by the Office of Communications Act 2002 . Revocation 3 The 3400—3800 MHz Frequency Band (Management) Regulations 2008 are revoked. Designation of the 1452-1492 MHz frequency band 4 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 OFCOM must ...— a designate and make available, on a non-exclusive basis, the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex to Commission Implementing Decision (EU) 2015/750; and b ensure that the terrestrial systems referred to in sub-paragraph (a) give appropriate protection to systems in adjacent frequency bands. Designation of the 3400-3800 MHz frequency band 5 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ... OFCOM must, subject to paragraphs (3), (4) and (5), continue to designate and make available, on a non-exclusive basis, the 3400-3800 MHz frequency band for terrestrial electronic communications networks, in compliance with the parameters set out in the Annex to Commission Decision 2008/411/EC . 3 Paragraph (2) is without prejudice to the protection and continued operation of other existing use of the 3400-3800 MHz frequency band. 4 OFCOM is not obliged to apply the parameters set out in the Annex to Commission Decision 2008/411/EC in respect of rights of use for terrestrial electronic communications networks in the 3400-3800 MHz frequency band existing on 2nd May 2014 to the extent that the exercise of those rights does not prevent the use of the band according to that Annex. 5 OFCOM must ensure that the networks referred to in paragraphs (2) and (4) give appropriate protection to systems in adjacent bands. Ed Vaizey Minister of State Department for Culture, Media and Sport (This note is not part of the Regulations) These Regulations implement: Commission Implementing Decision (EU) 2015/750 of 8th May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union; and Commission Decision 2008/411/EC of 21st May 2008 on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community, as amended by Commission Implementing Decision 2014/276/EU of 2nd May 2014. These Regulations revoke and replace the 3400—3800 MHz Frequency Band (Management) Regulations 2008 (S.I. 2008/2794), which implemented Commission Decision 2008/411/EC prior to its amendment. Regulations 4(1) and 5(1) require the Office of Communications (“OFCOM”) to exercise their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the two Commission Decisions. Regulations 4(2) and 5(2) to (5) specify the particular obligations of the Commission Decisions to which Ofcom must give effect. Information about existing rights of use in both the 1452-1492 MHz and 3400-3800 MHz frequency bands can be found on OFCOM's website at www.ofcom.org.uk. A full impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. A Transposition Note has been produced for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.