The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/17 |
| Year | 2009 |
2009 No. 17
Electronic Communications
The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009
Made 9th January 2009
Coming into force 23th January 2009
The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred by section 30(1) to (3) and section 122(7) of the Wireless Telegraphy Act 20061(“the Act”).
Before making the 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 (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009 and shall come into force on 23rd January 2009.
(2) These regulations shall not extend to the Bailiwick of Guernsey.
Interpretation
2. In these Regulations—
“concurrent holders” means persons who concurrently hold the rights and obligations under a grant of RSA or a licence by virtue of a transfer authorised by these Regulations which has that effect;
“OFCOM” means Office of Communications;
“RSA” means recognised spectrum access;
“licence” means wireless telegraphy licence;
“apparatus” means wireless telegraphy apparatus; and
“station” means wireless telegraphy station.
Transfer of all of the rights and obligations arising by virtue of a grant of RSA or a licence
3.—(1) Subject to regulation 5, a transfer by the holder of a grant of RSA or a licence to which this paragraph applies of all of the rights and obligations arising by virtue of that grant of RSA or that licence is authorised if it satisfies one of the two conditions set out in paragraph (2).
(2) Those conditions are—
(a)
(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)
(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 grants of RSA and licences of a class specified in Column 1 of each of Parts 1 and 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part.
Transfer of part of the rights and obligations arising by virtue of a grant of RSA or a licence
4. Subject to regulation 5, transfers satisfying one of the two conditions set out in regulation 3(2) are also authorised where the transfer is of—
(a) all the rights arising by virtue of a grant of RSA or a licence which relate to—
(i) a part of the range of frequencies in which—
(aa) in the case of a licence, the holder is authorised to establish, install and use transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 1 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
(bb) in the case of RSA, the holder is recognised as using transmitting or receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 1 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same part;
(ii) a geographical area being part of the total geographical area in which—
(aa) in the case of a licence, the holder is so authorised; and
(bb) in the case of RSA, the holder is so recognised;
(iii) both of the situations set out in sub-paragraphs (i) and (ii);
(iv) part of the range of frequencies in which—
(aa) in the case of a licence, the holder is authorised to establish, install and use transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
(bb) in the case of RSA, the holder is recognised as using transmitting or receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;
(v) a geographical area being a fifty kilometre square part of the total geographical area in which—
(aa) in the case of a licence, 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 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
(bb) in the case of RSA, the holder is recognised as using radio transmitting and receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; or
(vi) both of the situations set out in sub-paragraphs (iv) and (v); and
(b) the corresponding part of each of the obligations under the grant of RSA or licence.
Circumstances in which a transfer is not authorised
5. A transfer of rights and obligations arising under a grant of RSA or a licence is not authorised where—
(a) any holder of the grant of RSA or the licence, or all of the concurrent holders, and the transferee have not consented to the transfer;
(b) any sum payable to OFCOM...
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