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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wireless Telegraphy (Spectrum Trading) Regulations 2012 No. 2187 URL: http://www.bailii.org/uk/legis/num_reg/2012/uksi_20122187_en_1.html |
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Statutory Instruments
Electronic Communications
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.
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.
2. The Regulations set out in Schedule 1 are hereby revoked.
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.
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.
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.
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.
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.
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.
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
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 | |
| The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2007 | |
| 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 |
Regulations 4, 5, 6 and 7
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency bands |
| Concurrent Spectrum Access | 1781.7-�1785.0 MHz |
| 1876.7-�1880.0 MHz |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency bands |
| Satellite (Complementary Ground Components of a Mobile Satellite System) | 1980-�2010 MHz 2170-�2200 MHz |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency band |
| Scanning Telemetry | 457.5-�464 MHz |
| 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 |
| 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 |
| 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 |
| 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 |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency band |
| Coastal Station Radio (International) Area Defined | 156-�162.05 MHz |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency band |
| Coastal Station Radio (International) | 156-�162.05 MHz |
| 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 |
| 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 |
| 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 |
| 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 |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency bands |
| Spectrum Access | 3605-�3689 MHz |
| 3925-�4009 MHz |
| 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 |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency bands |
| Coastal Station Radio (Marina) | 157.025 MHz |
| 157.85 MHz | |
| 161.425 MHz |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency band |
| Coastal Station Radio (Training School) | 137.962-�165.043 MHz |
| 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 |
| 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 |
| Column 1 | Column 2 |
|---|---|
| Licence class | Frequency bands |
| Global Navigation Satellite System (GNSS) Repeaters | 1164-�1215 MHz 1215-�1300 MHz |
| 1559-�1610 MHz |
| 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 |
(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.