Notice of Ofcom’s proposal to make regulations in connection with the award of 2500-2690 MHz and 2010-2025 MHz

Notice Published 4 April 2008

Summary

1.1 This notice provides formal notice to stakeholders of Ofcom’s proposal to make four statutory instruments in connection with the award of wireless telegraphy licences for use of the spectrum bands 2500-2690 MHz and 2010-2025 MHz. Copies of each of the four statutory instruments are set out in Annexes 5–8 of this document. Separately Ofcom has published the reasoning for its decision to award licences for use of the Bands (see Statement entitled “Award of available spectrum: 2500-2690 MHz and 2010-2025 MHz” published on 4 April 2008). An information memorandum setting out relevant information which potential applicants for the licences should take into account has also been published ^(-1-).

Proposed Wireless Telegraphy (Licence Award) (No.2) Regulations 2008

1.2 These regulations set out the process and rules for the award of licences to operate within the Bands. Ofcom intends to hold an auction, although the regulations also provide for circumstances where there is insufficient demand and therefore no auction is held. The regulations include provisions describing the procedures and rules for applying and bidding for the licences, how the winning bidders will be identified and rules prescribing how applicants and bidders must conduct themselves during the award process. Section 3 of this document sets out a detailed summary of the general effect of the provisions.

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

1.3 Ofcom has decided that the licences to operate within the Bands should be tradable. Accordingly Ofcom is proposing to make amendments to the existing regulations which govern spectrum trading to allow this to take place. Section 4 of this document sets out a summary of the general effect of the provisions.

Proposed Wireless Telegraphy (Register) (Amendment) (No.2) Regulations 2008

1.4 Where licences are tradable Ofcom’s policy is to include relevant details of those licences on a public register to facilitate the efficient working of the spectrum market. Accordingly, Ofcom is proposing to make amendments to the existing regulations governing the register to allow details of the licences to operate within the Bands to be included. Section 5 of this document sets out a summary of the general effect of the provisions.

Proposed Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2008

1.5 Ofcom is required to make a licence limitation order where it considers it appropriate to limit the number of licences for a particular set of frequencies as in the case of the Bands. Section 6 of this document sets out a summary of the general effect of the provisions.

1.6 Ofcom is giving notice and consulting on each of its proposals to make these four statutory instruments. Comments or representations with respect to the four proposed statutory instruments are invited by 6 May 2008.

Footnotes:

1.- Both documents are available from the spectrum awards section of the Ofcom website at http://www.ofcom.org.uk/radiocomms/spectrumawards/.

The full document is available below