The Wireless Telegraphy (Spectrum Trading) Regulations 2012

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 7^th 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.