Search Legislation

The Wireless Telegraphy (Spectrum Trading) Regulations 2012

Status:

This is the original version (as it was originally made).

Statutory Instruments

2012 No. 2187

Electronic Communications

The Wireless Telegraphy (Spectrum Trading) Regulations 2012

Made

23rd August 2012

Coming into force

13th September 2012

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by section 30(1) and (3) and section 122(7) of the Wireless Telegraphy Act 2006(1) (the “Act”).

Before making these Regulations, OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) Regulations 2012 and shall come into force on 13th September 2012.

(2) These Regulations shall not extend to the Bailiwick of Guernsey.

Revocation

2.  The Regulations set out in Schedule 1 are hereby revoked.

Interpretation

3.  In these Regulations—

(a)“concurrent holders” means persons who concurrently hold the rights and obligations under a wireless telegraphy licence by virtue of a transfer authorised by these Regulations which has that effect;

(b)“station” means wireless telegraphy station; and

(c)“apparatus” means wireless telegraphy apparatus.

Transfer of all the rights and obligations arising by virtue of a wireless telegraphy licence

4.—(1) Subject to regulation 8, a transfer by the holder of a wireless telegraphy licence to which this paragraph applies of all of the rights and obligations arising by virtue of that wireless telegraphy licence is authorised if it satisfies one of the two conditions set out in paragraph (2).

(2) Those conditions are—

(a)that 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;

(b)that 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.

(3) Paragraph (1) shall apply to wireless telegraphy licences within the licence classes specified in Colum 1 of each of Parts 3 to 21 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part.

Concurrent Spectrum Access licence class

5.  Subject to regulation 8, a transfer by the holder of a wireless telegraphy licence within the licence class specified in Column 1 of Part 1 of Schedule 2 which applies to stations or apparatus operating within either of the frequency bands specified in Column 2 of the same Part, of all of the rights and obligations arising by virtue of that wireless telegraphy licence, is authorised if the rights and obligations of the person making the transfer become rights and obligations of a single transferee to the exclusion of the person making the transfer.

Satellite (Complementary Ground Components of a Mobile Satellite System) licence class

6.  Subject to regulation 8, a transfer by the holder of a wireless telegraphy licence within the licence class specified in Column 1 of Part 2 of Schedule 2 which applies to a station or apparatus operating within either of the frequency bands specified in Column 2 of the same Part, of all of the rights and obligations arising by virtue of that wireless telegraphy licence, is authorised if 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.

Partial transfer of rights and obligations arising by virtue of a wireless telegraphy licence

7.  Subject to regulation 8, transfers satisfying one of the two conditions set out in regulation 4(2) are also authorised where the transfer is of—

(a)all of the rights arising by virtue of a wireless telegraphy licence which relate to—

(i)whole frequency channels under one of the licences of a class specified in Column 1 of Parts 3 to 9 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;

(ii)part frequency channels which have in each case a bandwidth of 12.5 kHz or a multiple thereof and the same start or end frequency limit as a licensed frequency channel under one of the licences of the class specified in Column 1 of Part 3 of Schedule 2 which apply to a station or apparatus operating within the frequency band specified in Column 2 of the same Part;

(iii)whole wireless telegraphy links designed for use between two fixed points under one of the licences of a class specified in Column 1 of Part 10 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of that Part;

(iv)a part of the range of frequencies under one of the licences of a class specified in Column 1 of Part 11 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;

(v)a geographical area being part of the total geographical area in which the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 11 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;

(vi)both of the situations set out in sub-paragraphs (iv) and (v);

(vii)part frequency channels which have in each case a bandwidth of 6.25 kHz or a multiple thereof and the same start or end frequency limit as a licensed frequency channel under one of the licences of a class specified in Column 1 of Part 12 or Column 1 of Part 13 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;

(viii)a geographical area being a fifty kilometre by fifty kilometre square part of the total geographical area in which the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 8 or Column 1 of Part 13 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; or

(ix)both of the following situations—

(aa)part frequency channels which have in each case a bandwidth of 6.25 kHz or a multiple thereof and the same start or end frequency limit as a licensed frequency channel under one of the licences of a class specified in Column 1 of Part 13 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and

(bb)a geographical area being a fifty kilometre by fifty kilometre square part of the total geographical area in which the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 13 of Schedule 2 which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and

(b)the corresponding part of each of the obligations under the licence.

Circumstances in which a transfer is not authorised

8.  A transfer of rights and obligations arising under a wireless telegraphy licence is not authorised where—

(a)any of the licence holder, or all of the concurrent holders, and the transferee have not consented to the transfer;

(b)any sum payable under the Wireless Telegraphy (Licence Charges) Regulations 2011(2) in respect of that licence is owing to OFCOM because it has not been paid by the time it became due;

(c)any instalment payment is to be paid to OFCOM under regulation 4(8)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2011 in respect of that licence;

(d)OFCOM has served notice under paragraph 7 of Schedule 1 to the Wireless Telegraphy Act 2006 on the holder, or the concurrent holders, of that licence of a proposal to revoke or vary that licence but that revocation or variation has not yet been made; or

(e)the holder has, or all of the concurrent holders have, requested OFCOM to revoke or vary the licence or have consented to a revocation or variation proposed by OFCOM but that revocation or variation has not yet been made.

Transfer procedure

9.—(1) The holder, or concurrent holders, of a wireless telegraphy licence who wishes, or who wish, to make a transfer authorised by regulations 4(1), 5, 6 or 7 must provide to OFCOM—

(a)the reference number of the wireless telegraphy licence under which rights and obligations are to be transferred;

(b)the name and address of the holder or concurrent holders of the wireless telegraphy licence;

(c)the name and address of the proposed transferee;

(d)a description of which type of transfer authorised by regulation 4(1), 5, 6 or 7 is proposed;

(e)a document signed by or on behalf of the holder, or each concurrent holder, of the licence and signed by or on behalf of the transferee, under which each of those persons warrants to OFCOM that he has consented to the proposed transfer; and

(f)in the case of a transfer authorised by regulation 7, a description of which rights and obligations under the licence are to be transferred.

(2) OFCOM shall, after determining that the requirements of paragraph (1) have been met, publish a notice stating—

(a)the name of the wireless telegraphy licence holder or concurrent holders and the name of the transferee to whom it is proposed that the rights and obligations arising under the licence shall be transferred;

(b)the date when OFCOM determined that the requirements of paragraph (1) were met;

(c)the licence class and the reference number of the wireless telegraphy licence under which rights and obligations are to be transferred; and

(d)in the case of a transfer authorised by regulation 7, a description of which rights under the licence are proposed to be transferred.

(3) A transfer shall be effected by the holder or concurrent holders of the wireless telegraphy licence under which rights and obligations are to be transferred surrendering that licence and by OFCOM granting a new one to the transferee and—

(a)in the case of a transfer which satisfies the condition set out in regulation 4(2)(b), to the holder or concurrent holders who made the transfer; and

(b)in the case of a transfer authorised by regulation 7, to the holder or concurrent holders who made the transfer.

(4) OFCOM shall publish the information specified in paragraph (2) in relation to transfers that have been effected pursuant to paragraph (3).

Hyacinth S. Nwana

Group Director, Spectrum Policy Group of the Office of Communications

For and on behalf of the Office of Communications

23rd August 2012

SCHEDULES

Regulation 2

SCHEDULE 1REVOCATIONS

(1)

Regulations Revoked

(2)

References

The Wireless Telegraphy (Spectrum Trading) Regulations 2004S.I. 2004/3154
The Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2006S.I. 2006/339
The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2006S.I. 2006/1807
The Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2007

S.I. 2007/380

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2007

S.I. 2007/3387

The Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2008S.I. 2008/688
The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2008S.I. 2008/2105
The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 3) Regulations 2008S.I. 2008/3192

Regulations 4, 5, 6 and 7

SCHEDULE 2LICENCE CLASSES AND FREQUENCY BANDS

PART 1

Column 1Column 2
Licence classFrequency bands
Concurrent Spectrum Access1781.7–1785.0 MHz
1876.7–1880.0 MHz

PART 2

Column 1Column 2
Licence classFrequency bands
Satellite (Complementary Ground Components of a Mobile Satellite System)

1980–2010 MHz

2170–2200 MHz

PART 3

Column 1Column 2
Licence classFrequency band
Scanning Telemetry457.5–464 MHz

PART 4

Column 1Column 2
Licence classFrequency bands
Satellite (Permanent Earth Station)3600–4200 MHz
5150–5250 MHz
5725–7075 MHz
10.7–13.25 GHz
13.75–14.5 GHz
17.3–20.2 GHz
27.5–30 GHz

PART 5

Column 1Column 2
Licence classFrequency bands
Satellite (Transportable Earth Station)5.925–7.075 GHz
13.78–14.5 GHz
27.5–27.8185 GHz
28.4545–28.8265 GHz
29.4625–30 GHz

PART 6

Column 1Column 2
Licence classFrequency bands
Satellite (Earth Station) (Non-Fixed Satellite Service)

137–138 MHz

149–149.9 MHz

2025–2110 MHz
2200–2290 MHz
3600–4200 MHz
5150–5250 MHz
5725–7075 MHz
10.7–12.75 GHz
27.5–27.8185 GHz
28.4545–28.8265 GHz
29.4625–30 GHz

PART 7

Column 1Column 2
Licence classFrequency bands
Satellite (Earth Station) (Non-Geostationary)137–138 MHz
149–149.9 MHz
2025– 2110 MHz
2200–2290 MHz
3600–4200 MHz
5150–5250 MHz
5725–7075 MHz
10.7–13.25 GHz
13.75–14.5 GHz
19.7–20.2 GHz
27.5–27.8185 GHz
28.4545–28.8265 GHz
29.4625–30 GHz

PART 8

Column 1Column 2
Licence classFrequency band
Coastal Station Radio (International) Area Defined156–162.05 MHz

PART 9

Column 1Column 2
Licence classFrequency band
Coastal Station Radio (International)156–162.05 MHz

PART 10

Column 1Column 2
Licence classesFrequency bands
Point to Point Fixed Links1350–1530 MHz
Self Coordinated Links1672–1690 MHz
3600–4200 MHz
5925–6425 MHz
6425–7125 MHz
7425–7900 MHz
10.7–11.7 GHz
12.75–13.25 GHz
14.25–14.5 GHz
14.5–15.35 GHz
17.3–17.7 GHz
17.7–19.7 GHz
21.2–22 GHz
22–23.6 GHz
24.5–26.5 GHz
32.319–32.571 GHz
33.131–33.383 GHz
37–39.5 GHz
49.2–50.2 GHz
51.4–52.6 GHz
55.78–57 GHz
64–66 GHz
71.125–75.875 GHz
81.125–85.875 GHz

PART 11

Column 1Column 2
Licence classesFrequency bands
Broadband Fixed Wireless Access412.0–414.0 MHz
Spectrum Access422.0–424.0 MHz
542–550 MHz
742–750 MHz
758–766 MHz
1452–1492 MHz
1785–1805 MHz
3480–3500 MHz
3580–3600 MHz
10.125–10.225 GHz
10.475–10.575 GHz
27.8285– 28.0525 GHz

28.0525–28.1645 GHz

28.0525–28.4445 GHz

28.1925–28.3045 GHz
28.3325–28.4445 GHz
28.8365–29.0605 GHz

29.0605–29.1725 GHz

29.0605–29.4525 GHz

29.2005–29.3125 GHz
29.3405–29.4525 GHz
31.815–32.571 GHz
32.627–33.383 GHz
40.50–42.00 GHz
42.00–43.50 GHz

PART 12

Column 1Column 2
Licence classesFrequency bands
Business Radio (Technically Assigned)26.2–87.50 MHz
Coastal Station Radio (UK)

136–208 MHz

137.962–165.043 MHz

426–470 MHz

PART 13

Column 1Column 2
Licence classesFrequency bands
Business Radio (Area Defined)26.2–87.50 MHz
Coastal Station Radio (UK) Area Defined

132–134 kHz

136–208 MHz

137.962–165.043 MHz
146–148 kHz
425–470 MHz

PART 14

Column 1Column 2
Licence classFrequency bands
Spectrum Access3605–3689 MHz
3925–4009 MHz

PART 15

Column 1Column 2
Licence classesFrequency bands
Business Radio (Simple UK)26.2–87.50 MHz
Business Radio (Suppliers Light)136–208 MHz
Business Radio (Simple Site)425–470 MHz

PART 16

Column 1Column 2
Licence classFrequency bands
Coastal Station Radio (Marina)157.025 MHz
157.85 MHz
161.425 MHz

PART 17

Column 1Column 2
Licence classFrequency band
Coastal Station Radio (Training School)137.962–165.043 MHz

PART 18

Column 1Column 2
Licence classFrequency bands
Differential Global Positioning System283–315 kHz
435–495 kHz
505–526 kHz
1625–1635 kHz
1800–1810 kHz
1850–2000 kHz
2000–2025 kHz
2160–2170 kHz
2625–2650 kHz
2650–2850 kHz
3155–3200 kHz
3200–3230 kHz
3500–3800 kHz

PART 19

Column 1Column 2
Licence classFrequency bands
Maritime Radio (Suppliers and Demonstration)283–315 kHz
415–526 kHz
16.06–27.5 MHz
121.5 MHz
121.65 MHz
123.1 MHz
137.962–165.043 MHz
243 MHz
406–406.1 MHz
457.525 MHz
457.537 MHz
457.55 MHz
457.562 MHz
457.575 MHz
467.525 MHz
467.537 MHz
467.55 MHz
467.562 MHz
467.575 MHz
1525–1559 MHz
1626.5–1660.5 MHz

PART 20

Column 1Column 2
Licence classFrequency bands
Global Navigation Satellite System (GNSS) Repeaters

1164–1215 MHz

1215–1300 MHz

1559–1610 MHz

PART 21

Column 1Column 2
Licence classFrequency bands
Satellite (Earth Station Network)14–14.25 GHz
27.5–27.8185 GHz
28.4545–28.8265 GHz
29.4625–30 GHz

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Wireless Telegraphy (Spectrum Trading) Regulations 2004 (S.I. 2004/3154 as amended by S.I.s 339/2006, 1807/2006, 380/2007, 3387/2007, 688/2008, 2105/2008 and 2008/3192).

These Regulations are made under section 30 of the Wireless Telegraphy Act 2006, which implements Article 9b 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).

These Regulations remove the requirement to obtain OFCOM’s consent to transfers being made and extend spectrum trading to certain licence classes granted for the maritime and satellite sectors.

Regulation 4(1) (subject to the exceptions in regulations 8) 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 of Parts 3 to 21 of Schedule 2 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 Fixed Wireless sector, the Business Radio sector, Point to Point Fixed links licences, Scanning Telemetry licences, Spectrum Access licences and certain licences granted for the Maritime and Satellite sectors.

Regulation 7 (subject to the exceptions in regulation 8) authorises the transfers of rights and obligations relating to parts of the licensed range of frequencies for certain licences classes and/or parts of the licensed geographical area for certain licence classes.

Two types of transfer are authorised by regulation 4(1) and 7. 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 5 (subject to regulation 8) authorises the transfer of the rights and obligations arising by virtue of a particular class of licence to the exclusion of the person making the transfer.

Regulation 6 (subject to regulation 8) authorises the transfer of the rights and obligations arising by virtue of a particular class of licence if 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 8 specifies circumstances in which transfers are not authorised.

Regulation 9 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) and on OFCOM’s website at www.ofcom.org.uk. Copies of this assessment have also been placed in the libraries of the Houses of Parliament.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources