The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/3024
Year2010

2010 No. 3024

Electronic Communications

The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

Made 20th December 2010

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by section 5 of the Wireless Telegraphy Act 20061, makes the following Order.

In accordance with section 6(2) of that Act, the Secretary of State has consulted OFCOMOFCOM and such other persons as the Secretary of State thinks fit.

In accordance with section 6(4) of that Act, a draft of this Order was laid before Parliament and approved by resolution of each House of Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Wireless Telegraphy Act 2006 (Directions to OFCOMOFCOM) Order 2010 and shall come into force 10 days after the day on which it is made.

S-2 Purpose of Directions

Purpose of Directions

2. The Secretary of State gives these directions for the purposes of: ensuring the release of additional electromagnetic spectrum for use by providers of next generation wireless mobile broadband; allowing early deployment and maximising the coverage of those services; creating greater investment certainty for operators; and implementing Directive 2009/114/EC2and the Decision3on the liberalisation of frequencies in the 900MHz and 1800MHz bands.

S-3 Interpretation

Interpretation

3. In this Order—

“the 800MHz band” and other frequency bands are defined in Schedule 1;

“900MHz licence” means a licence authorising the use in the United Kingdom of frequencies in the 900MHz band to provide cellular mobile electronic communications services and “1800MHz licence”, and “2100MHz licence” shall be construed accordingly;

“the Auction” means the auction of licences authorising the use of frequencies to be held by OFCOMOFCOM pursuant to article 9;

“the Decision” means Commission Decision 2009/766/ECon the harmonisation of the 900MHz and 1800MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community4;

“the Directive” means Council Directive 87/372/EECon the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community5as amended by Directive 2009/114/ECof the European Parliament and of the Council6;

“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 20037;

“GSMGSM system” means an electronic communications network that complies with the GSMGSM standards as published by the European Telecommunications Institute (“ETSIETSI”), in particular EN 301 502 and EN 301 511 listed in Schedule 2;

“licence” means a wireless telegraphy licence;

“UMTS system” means an electronic communications network that complies with the UMTS standards as published by ETSIETSI, in particular EN 301 908-1, EN 301 908-2, EN 301 908-3 and EN 301 908-11 listed in Schedule 2;

“the WTA” means the Wireless Telegraphy Act 2006.

S-4 Variation of 900MHz and 1800MHz licences to allow use for GSM and UMTS systems

Variation of 900MHz and 1800MHz licences to allow use for GSM and UMTS systems

Variation of 900MHz and 1800MHz licences to allow use for GSMGSM and UMTS systems

4. OFCOMOFCOM must exercise their powers under—

(a) section 2 of the WTA to designate the 900MHz and 1800MHz bands for use for both GSMGSM and UMTS systems;

(b) section 10 of and paragraph 6 of Schedule 1 to the WTA to vary each 900MHz and 1800MHz licence to permit the licensee to use the licensed frequencies for both GSMGSM and UMTS systems;

(c) Part 2 of the WTA to ensure compliance with the technical parameters in the Annex to the Decision.

S-5 Other variations to existing wireless telegraphy licences

Other variations to existing wireless telegraphy licences

5.—(1) OFCOMOFCOM must exercise their powers under section 10 of and paragraph 6 of Schedule 1 to the WTA to vary 900MHz, 1800MHz and 2100MHz licences to make provision as follows.

(2) OFCOMOFCOM must vary each 900MHz and 1800MHz licence to extend the period of notice for revocation for spectrum management reasons from 1 year to 5 years.

(3) OFCOMOFCOM must, provided the holder of a 2100MHz licence consents, vary the licence to provide for all of the following—

(a)

(a) by 30th June 2013 the licensee must provide an electronic communications network that is capable of providing mobile telecommunications services to an area within which at least 90% of the population of the United Kingdom lives and with a 90% probability that users in outdoor locations within that area can receive the service with a sustained downlink speed of not less than 768kbps in a lightly loaded cell;

(b)

(b) the licence shall continue in force unless or until revoked by OFCOMOFCOM;

(c)

(c) OFCOMOFCOM may revoke the licence either—

(i) for spectrum management reasons on not less than 5 years’ notice, such notice not to be given before 31st December 2016, or

(ii) in accordance with their powers under the WTA; and

(d)

(d) that the licensee is to pay an annual charge for the licence to be determined by OFCOMOFCOM in accordance with article 6(3) in respect of periods following 31st December 2021.

S-6 Licence fees

Licence fees

6.—(1) After completion of the Auction OFCOMOFCOM must revise the sums prescribed by regulations under section 12 of the WTA for 900MHz and 1800MHz licences so that they reflect the full market value of the frequencies in those bands.

(2) In revising the sums prescribed OFCOMOFCOM must have particular regard to the sums bid for licences in the Auction.

(3) OFCOMOFCOM must prescribe sums by regulations under section 12 of the WTA for 2100MHz licences which are varied under article 5(3) so that they reflect the full market value of the frequencies in that band.

S-7 Spectrum trading

Spectrum trading

7. OFCOMOFCOM must exercise their powers under section 30 of the WTA to amend the Wireless Telegraphy (Spectrum Trading) Regulations 20048to make provision to permit the transfer of all or part of the rights and obligations arising as a result of 900MHz, 1800MHz and 2100MHz licences from the licensee to another person.

S-8 Competition assessment

Competition assessment

8.—(1) As soon as reasonably practicable OFCOMOFCOM must assess likely future competition in markets for the provision of mobile electronic communications services.

(2) The competition assessment shall be in respect of the future competitiveness of those markets after the conclusion of the Auction, taking into account possible effects of the Auction.

(3) The competition assessment shall include consideration of the potential for new entry into those markets.

(4) In the light of the competition assessment OFCOMOFCOM must, where they think fit, put in place appropriate and proportionate measures which will promote competition in those markets after the conclusion of the Auction.

(5) The measures to promote competition may include rules governing the Auction.

S-9 Auction of licences

Auction of licences

9.—(1) OFCOMOFCOM must exercise their power to make regulations under section 14 of the WTA to provide for an auction of licences to take place for use of frequencies in—

(a)

(a) the 800MHz and 2600MHz bands; and

(b)

(b) any other frequency bands as OFCOMOFCOM thinks fit.

(2) OFCOMOFCOM must exercise their powers to make such regulations as soon as reasonably practicable after concluding the competition assessment required by article 8.

Ed Vaizey

Minister for Culture, Communications and Creative Industries

Department for Business, Innovation and Skills

20th December 2010

SCHEDULE 1

Article 3

SCHEDULE 1

Frequency bands

Description of frequency band

From

To

800MHz band

791MHz

821MHz

832MHz

862MHz

900MHz band

880MHz

915MHz

925MHz

960MHz

1800MHz band

1710MHz

1781.7MHz

1805MHz

1876.7MHz

2100MHz band

1900MHz

1980MHz

2110MHz

2170MHz

2600MHz band

2500MHz

2690MHz

SCHEDULE 2

Article 3

SCHEDULE 2

ETSI Number

Version

Title

EN 301 502

V7.0.1 (2000–08)

Harmonized EN for Global System for Mobile communications (GSMGSM); Base Station and Repeater equipment covering essential requirements under article 3.2 of the R&TTE directive (GSMGSM 13.21 version 7.0.1 Release 1998)

V8.1.2 (2001–07)

Harmonized EN for Global System for Mobile communications (GSMGSM); Base Station and Repeater equipment covering essential requirements under article 3.2 of the R&TTE directive (GSMGSM 13.21 version 8.1.2 Release 1999)

EN 301 511

V7.0.1 (2000-12)

Global System for Mobile communications (GSMGSM); Harmonized standard for mobile stations in the GSMGSM 900 and DCS 1800 bands covering essential requirements under article 3.2 of the R&TTE directive ( 1999/5/EC) (GSMGSM 13.11 version 7.0.1 Release 1998)

V9.0.2 (2003-03)

Global System for Mobile communications (GSMGSM); Harmonized EN for mobile stations in the GSMGSM 900 and GSMGSM 1800 bands covering essential requirements under article 3.2 of the R&TTE directive ( 1999/5/EC)

EN 301 908-1

V1.1.1 (2002-01)

Electromagnetic compatibility and Radio spectrum Matters (ERM); Base Stations (BSBS) and User Equipment (UE) for IMT-2000 Third-Generation cellular networks; Part 1: Harmonized EN for IMT-2000, introduction and common requirements, covering essential requirements of article 3.2 of the R&TTE Directive

V2.2.1 (2003-10)

Electromagnetic compatibility and Radio spectrum Matters (ERM); Base Stations (BSBS), Repeaters and User Equipment (UE) for IMT-2000 Third-Generation cellular networks; Part 1: Harmonized EN for IMT-2000, introduction and common requirements, covering essential requirements of article 3.2 of the R&TTE Directive

V3.2.1 (2007-05)

Electromagnetic compatibility and Radio spectrum Matters (ERM); Base Stations (BSBS), Repeaters and User Equipment (UE) for IMT-2000 Third-Generation cellular networks; Part 1: Harmonized EN for IMT-2000, introduction and common requirements, covering essential requirements of article 3.2 of the...

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