Part 2: Digital infrastructure Section 8: Regulation of dynamic spectrum access services
Subsection (1) inserts Part 2A (comprising sections 53A to 53M) into the 2006 Act, which allows Ofcom to regulate spectrum that is used through technologies that enable "dynamic spectrum access". Dynamic spectrum access services are provided by means of a database that allows the identification of frequencies available for use by radio equipment known as white space devices in spectrum bands authorised by Ofcom.
	Section 53A provides that a person who provides, or proposes to provide, a dynamic spectrum access service may be registered by Ofcom. It requires Ofcom to publish criteria by which they will determine if an application for registration should be accepted and also to publish information relating to the restrictions and conditions to which registration may be subject.
	Section 53B enables Ofcom to revoke or vary a registration. Subsections (1) and (2) identify the procedure by which Ofcom may revoke or vary a registration. Subsection (2) does not apply if the proposal to vary or revoke is made at the request of or with the consent of the registered person in section 53A.
	Section 53C requires Ofcom to establish and maintain a register for the purposes of Part 2A.
	Section 53D allows Ofcom to make regulations to provide for Ofcom to charge fees. This will allow Ofcom to recover its costs for registering providers of dynamic spectrum services under section 53A and for activities undertaken on their behalf to facilitate the service they provide, for example, the processing of spectrum availability information etc. Subsection (2) ensures that Ofcom may only charge fees to recover costs where the activities to which a charge is applied are not covered or met by other charging powers.
	Sections 53E-53I concern enforcement where a person contravenes the restrictions or conditions subject to which that person is registered. Section 53E enables Ofcom to give a person a notification where they have reasonable grounds for believing that such a person is contravening or has contravened the restrictions or conditions of a registration made under section 53A.
	Section 53F concerns penalties under section 53E, including making provision as to the penalty that may be specified in relation to a continuing contravention.
	Section 53G details Ofcom’s powers in relation to enforcing a notification issued under section 53E.
	Section 53H makes provision about the meaning of the "relevant amount of gross revenue" for the purpose of section 53F.
	Section 53I allows Ofcom to require a recipient of a notification under section 53E to provide them with information for the purposes of ascertaining their gross revenue.
	Section 53J allows Ofcom to require certain persons, as detailed in subsection (2), to provide information to a person registered under section 53A for the purpose of enabling the registered person to avoid undue interference with wireless telegraphy. Subsections (3) to (4) describe how any such demand for information should be made.
	Section 53K allows Ofcom to issue a notification for contravention of a requirement imposed under 53J.
	Section 53L makes provision as to penalties under section 53K.
	Section 53M details Ofcom’s powers in relation to enforcing a notification under section 53K.
	Subsection (2) amends section 111 of the 2006 Act. Section 111 concerns restrictions on the disclosure of information. Section 111(3) sets out disclosures of information to which the restriction in section 111(1) does not apply. Section 111(3) is amended to add to the list of exceptions information disclosed by Ofcom to a person registered under section 53A for the purpose of providing the dynamic spectrum access service in respect of which the person is registered. This will allow Ofcom to share such information with registered providers, without needing the consent of the person from whom the information was obtained.