2012 No. 2187

Electronic Communications

The Wireless Telegraphy (Spectrum Trading) Regulations 2012

Made

Coming into force

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 20061 (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 extent1

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.

Revocation2

The Regulations set out in Schedule 1 are hereby revoked.

Interpretation3

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 licence4

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 class5

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 class6

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 licence7

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 authorised8

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 20112 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 procedure9

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. NwanaGroup Director, Spectrum Policy Group of the Office of CommunicationsFor and on behalf of the Office of Communications

SCHEDULES

SCHEDULE 1REVOCATIONS

Regulation 2

(1)

Regulations Revoked

(2)

References

The Wireless Telegraphy (Spectrum Trading) Regulations 2004

S.I. 2004/3154

The Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2006

S.I. 2006/339

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2006

S.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 2008

S.I. 2008/688

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2008

S.I. 2008/2105

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 3) Regulations 2008

S.I. 2008/3192

SCHEDULE 2LICENCE CLASSES AND FREQUENCY BANDS

Regulations 4, 5, 6 and 7

PART 1

Column 1

Column 2

Licence class

Frequency bands

Concurrent Spectrum Access

1781.7–1785.0 MHz

1876.7–1880.0 MHz

PART 2

Column 1

Column 2

Licence class

Frequency bands

Satellite (Complementary Ground Components of a Mobile Satellite System)

1980–2010 MHz

2170–2200 MHz

PART 3

Column 1

Column 2

Licence class

Frequency band

Scanning Telemetry

457.5–464 MHz

PART 4

Column 1

Column 2

Licence class

Frequency 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 1

Column 2

Licence class

Frequency 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 1

Column 2

Licence class

Frequency 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 1

Column 2

Licence class

Frequency 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 1

Column 2

Licence class

Frequency band

Coastal Station Radio (International) Area Defined

156–162.05 MHz

PART 9

Column 1

Column 2

Licence class

Frequency band

Coastal Station Radio (International)

156–162.05 MHz

PART 10

Column 1

Column 2

Licence classes

Frequency bands

Point to Point Fixed Links

1350–1530 MHz

Self Coordinated Links

1672–1690 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 1

Column 2

Licence classes

Frequency bands

Broadband Fixed Wireless Access

412.0–414.0 MHz

Spectrum Access

422.0–424.0 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 1

Column 2

Licence classes

Frequency 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 1

Column 2

Licence classes

Frequency 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 1

Column 2

Licence class

Frequency bands

Spectrum Access

3605–3689 MHz

3925–4009 MHz

PART 15

Column 1

Column 2

Licence classes

Frequency 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 1

Column 2

Licence class

Frequency bands

Coastal Station Radio (Marina)

157.025 MHz

157.85 MHz

161.425 MHz

PART 17

Column 1

Column 2

Licence class

Frequency band

Coastal Station Radio (Training School)

137.962–165.043 MHz

PART 18

Column 1

Column 2

Licence class

Frequency bands

Differential Global Positioning System

283–315 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 1

Column 2

Licence class

Frequency 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 1

Column 2

Licence class

Frequency bands

Global Navigation Satellite System (GNSS) Repeaters

1164–1215 MHz

1215–1300 MHz

1559–1610 MHz

PART 21

Column 1

Column 2

Licence class

Frequency 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.