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The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010 ISBN 978-0-11-149731-9

Spectrum trading

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6.  OFCOM must use their powers under section 30 of the Act to amend the Wireless Telegraphy (Spectrum Trading) Regulations 2004(1) to make provision—

(a)to permit the transfer of rights and obligations arising as a result of 800MHz, 900MHz, 1800MHz, 2100MHz and 2600MHz licences from the licensee to another person;

(b)that OFCOM may, as a result of an assessment of any competition effects of a proposed transfer of rights and obligations arising as a result of any such licence (which may include consideration of whether OFCOM would refuse to consent to such a transfer under sub-paragraph (c) if it were proposed during the period set out in that sub-paragraph), consent to the transfer, consent to the transfer subject to conditions, or refuse to consent to the transfer;

(c)to specify that until 1 year after the completion of the Combined Auction or 1 year after the completion of a subsequent auction which covers the sale of spectrum in the 800MHz band which is unsold in the Combined Auction, OFCOM may refuse to consent to a transfer, or consent to a transfer subject to conditions where the transfer would result in a person holding more than—

(i)a total of 40MHz in the 800MHz and 900MHz bands together; or

(ii)a total of 180MHz in the 800MHz, 900MHz, 1800MHz, 2100MHz or 2600MHz bands together.

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