The Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) Regulations 2019

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Statutory Instruments

2019 No. 951

Electronic Communications

The Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) Regulations 2019

Made

20th May 2019

Coming into force

10th June 2019

The Office of Communications ("OFCOM") make the following Regulations in exercise of the powers conferred by sections 30(1) and (3) and 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) 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 and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) Regulations 2019 and shall come into force on 10th June 2019.

Amendment of the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011

2.  The Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011(2) (the "principal Regulations") shall be amended in accordance with these Regulations.

Amendment to regulation 6

3.  In regulation 6 of the principal Regulations-

(a)for paragraph (b) substitute-

"(b)any sum payable in respect of that licence under-

(i)the Wireless Telegraphy (Licence Charges) Regulations 2011(3); or

(ii)the Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2018(4)

is owing to OFCOM because it has not been paid by the time it became due;"; and

(b)for paragraph (c) substitute-

"(c)any instalment payment is to be paid to OFCOM in respect of that licence under-

(i)regulation 4(8)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2011; or

(ii)regulation 6(1)(b) of the Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2018".

Amendment to the Schedule

4.  For the Schedule to the principal Regulations substitute-

Regulations 4 and 5

"SCHEDULELicence Classes and Frequency Bands

Column 1Column 2
Licence ClassesFrequency bands
Public Wireless Network703–733 MHz
Spectrum Access738–788 MHz
791–821 MHz
832–862 MHz
880–915 MHz
925–960 MHz
1452–1492 MHz
1710–1781.7 MHz
1805–1876.7 MHz
1899.9–1980 MHz
2110–2170 MHz
2350–2390 MHz
2500–2690 MHz
3410–3800 MHz".

Philip Marnick

Group Director of Spectrum Group

For and by the authority of the Office of Communications

20th May 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (S.I. 2011/1507, amended by S.I. 2013/646 and S.I. 2015/1339) to include the frequency bands 703–733 MHz, 738–788 MHz and 3600–3800 MHz in the Schedule and to add a reference in regulations 6(b) and 6(c) to the Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2018 (S.I. 2018/1368, as amended by S.I. 2019/127).

A full regulatory impact assessment of the effect that these Regulations will have on the costs to business is available to the public from OFCOM 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 library of both Houses of Parliament.

(3)

S.I. 2011/ 1128, amended by S.I. 2012/1075, 2013/917, 2014/1295, 2015/1334, 2015/1995 and 2016/643.

(4)

S.I. 2018/1368, as amended by S.I. 2019/127.


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