FINAL REPORT - Stakeholders - Ofcom

7.2.4 Legislative basis of licensing, fees and charges in European Member
States
In most Member States, there are two levels of legislation which relate to the licensing of
telecommunications and other radiocommunication services. Primary legislation, i.e. Acts
or Laws enacted by national Parliaments, typically provide the broad framework for
licensing, such as defining the role and responsibilities of the NRA and the circumstances
under which fees or charges can be levied. Secondary legislation, in the form of decrees,
executive orders or statutory instruments is typically used to set the level of fees or
charges, or to transcribe European Directives into national law. All Member States have
enacted primary legislation as part of the telecommunications liberalisation process, and it
is this legislation that is used as the basis for setting administrative fees for service
licences. In many cases this legislation also addresses spectrum licensing. However
Denmark, Ireland, Finland and Sweden have separate primary legislation addressing radio
and telecommunications licensing, whilst in the UK a mixed regime is in operation with
some separate primary legislation such as the Wireless Telegraphy Act (1949 and 1998) in
operation alongside the Communications Act (2003). This Act inter alia provided for the
formal powers of the Secretary of State for Trade and Industry to grant wireless telegraphy
licences under section 1 of the Wireless Telegraphy Act 1949 to transfer to the Office of
Communications (“Ofcom”). In some cases the radio legislation predates liberalisation
(Ireland - 1926, Belgium - 1979, Finland - 1988), though in each case the legislation has
been amended periodically to cope with new developments.
Table 7-3 below summarises the main primary legislation relating to telecommunications
service and radio spectrum licensing in each of the European Member States.
However other legislation may be pertinent for the licensing of aircraft and ships for
example the national legislation which transposes the European Union’s Marine Equipment
Directive (96/98/EC and subsequent modifications) into national law as well as national
legal and regulatory provisions that implement Articles 29 and 30 of the ICAO Convention
which require aircraft stations on international flights to be issued with a licence. In the UK
the latter is covered by the Air Navigation Order, Article 76 and Schedule 11.
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