Mr Michael Fabricant (Lichfield, Conservative)

I have a series of questions on this. The clause appears to be straightforward: it basically says that Ofcom will publish,

''from time to time as they think fit . . . ''the United Kingdom Plan for Frequency Authorisation'' ''.

My first question is obvious: how often does the Minister think that it will be published? Will it be on an annual basis, or only when Ofcom thinks that the frequency plan might be changed?

My next question is, will the provision apply to all frequency usage in the UK? I assume that the answer to that is yes, but will it include the use of frequencies by the BBC? If that is the case, clause 149(1)(c) becomes relevant, as it talks about the demand that is likely to arise for use of spectrum for wireless telegraphy. Will the United Kingdom plan for frequency authorisation set out not only the matters that are addressed in subsections (2)(a) and (b) but the future possible plans that are outlined in the following clause?

It seems to me that there is a little tension between clauses 148 and 149 because clause 148 does not have a comparable provision to clause 149(1)(c). I did not bother to table an amendment as I hope that the Minister will be able to assure me that the plan will also include the future frequencies that Ofcom think might need to be made available.

Will the plan also address the problem of co-channel interference from transmissions from outside the UK? I remember visiting the television transmitter site at Rowridge on the Isle of Wight: the people there told me that they experienced considerable co-channel interference from the television transmissions of ORTF—Office de Radio-Téléfusion Fran¢aise—not just because of changes in the atmosphere, when local television transmissions can then go further because of the heavy side skip, but because the television transmission from France was not as stable as that from the UK and it was going off frequency. The French were not using a stable television transmission system; the transmitter was made by Thompson, and it was not as stable as it should have been, so there was co-channel interference. Will that sort of issue also be addressed?

The Minister talked about WARC—the World Administrative Radio Conference. Will the issues that it addresses be dealt with as well? Finally, the whole

issue of frequency spectrum applies not only to power and the frequency used, but to the range that the frequency is planning to achieve. The Radio Authority is to be applauded for the introduction of very low-power and small-scale temporary radio licences. Will that issue also be addressed?

I have a picture in my mind that the minimum requirement for clause 148 would be simply a spectrum chart. Can the Minister assure me that it will be far more than that, and that there will be a thorough discussion of the issues that I have just raised?

Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)

The production of the plan is a new requirement following from article 5 of the authorisation directive. In the UK, Ofcom will have a duty to provide this plan. The clause requires that the plan to be published and updated regularly, as the hon. Member for Lichfield said. I would not want to constrain those who are responsible in Ofcom by what I say about frequency. The Radiocommunications Agency publishes its spectrum strategy approximately every two years. That is broadly what I expect will happen with the plan. The agency coordinates that publication with the world radio conferences.

The plan will give details of which parts of the spectrum are available for assignment. I will list all the authorisations made by license exemption regulations, with references to the frequencies and the conditions of the regulations. That information will help to make sure that spectrum management is transparent. It will be very useful for those wanting to use the radio spectrum for whatever purpose. They will be able to see at a glance if they need a license in order to use a particular frequency, which frequency is available for assignment and for which applications. This information is published, in a different form, in the spectrum strategy I referred to.

I would not want the hon. Member for Lichfield to expect much detail in the plan when it is published. The plan, for example, will not show which individuals have been awarded licenses although, under clause 165 on the wireless telegraphy register, that will complement the plan by enabling Ofcom to publish information about assignments, subject to suitable safeguards for security and commercial confidentiality.

Will it set out what will happen in future? No. What the plan will contain is clearly set out in subsection (2). Ofcom will want to make available whatever information it can about envisaged changes, in order to assist those who need to plan operations in response. The constraints set out in subsection (2) are a necessary requirement of the plan. Ofcom, if possible, will provide further information, not necessarily in this plan, but elsewhere.

Mr Michael Fabricant (Lichfield, Conservative)

The Minister has reassured me to some extent. He said there would be a need to provide some indication of how frequencies might be allocated in the future. He said it would not be contained in the plan. Regarding frequency allocation, does he envisage that future planning might be expanded in the annual report of Ofcom?

Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)

I can certainly tell him that Ofcom, as is currently the case with the Radiocommunications Agency, will endeavour to give as much information as possible to its customers in every way it can. It is the case, as the hon. Member for Maldon and East Chelmsford said earlier in our proceedings, that the agency is seen as a helpful organisation in this and other respects. I am quite confident that Ofcom will be too.

Question put and agreed to.

Clause 148 ordered to stand part of the Bill.