The Wireless Telegraphy (Spectrum Trading) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 168(1) and (3) and section 403(7) of the Communications Act 2003. Section 168 implements Article 9(3) and (4) of the Directive of the European Parliament and of the Council of 7th March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (2002/21/EC).

Regulation 4(1) (subject to the exceptions in regulation 7) authorises the transfer of all rights and obligations arising by virtue of the wireless telegraphy licences of the classes listed in Column 1 of each Part of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part. This includes licences granted for the Public Mobile Operator sector, the Fixed Wireless sector, Point to Point Fixed Links licences and Scanning Telemetry licences.

Under regulation 6 (subject to the exceptions in regulation 7) certain transfers of rights and obligations relating to parts of the licensed range of frequencies are authorised for certain licences granted for the Public Mobile Operator sector, the Fixed Wireless Access sector, Point to Point Fixed Links licences and Scanning Telemetry licences. The transfer of the rights and obligations relating to a part of the licensed geographical area is authorised for certain licences within the Fixed Wireless Access class and the Broadband Fixed Wireless Access class.

Two types of transfer are authorised by regulation 4(1) and 6. Firstly, a transfer may be one in which the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer. Secondly, a transfer may be one in which the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer.

Regulation 7 specifies circumstances in which transfers are not authorised which include where OFCOM has not given its consent. Regulation 9 sets out the matters which OFCOM shall take into account in determining whether or not to consent. If OFCOM consents to a transfer they may also direct that a transfer shall only be put into effect after compliance with conditions. Regulation 8 sets out the procedure for making transfers.

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the Office of Communications Internet web site at www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.