§ The Earl of Northesk
asked Her Majesty's Government:
Whether Ofcom has sufficient powers and technological capability to enforce appropriate controls of the 5.8GHz network, particularly in respect of dynamic frequency selection and transmit power control. [HL2535]
§ The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville)
Under the provisions of the Communications Act 2003, Ofcom has the necessary powers to manage the use of radio spectrum in accordance with the provisions of the wireless telegraphy legislation. This includes the responsibility to license or exempt from licensing, devices operating at 5.8 GHz which must comply with the Ofcom interface requirement 2007 which includes the restrictions of dynamic frequency selection and transmit power control. At present, devices operating in this band are subject to a light licensing system where registration of terminals is enforced. Ofcom has the power under the Wireless Telegraphy Act 1949, and the technical capability with its national field force, to take enforcement action and ultimately, 103WA where appropriate, legal proceedings against users operating devices that are not operating within the necessary licence or exemption parameters.