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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 412 to 414 MHz paired with 422 to 424 MHz (“the Band”). 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 Band (see Statement entitled Award of available spectrum: 412 to 414 MHz paired with 422 to 424 MHz published on 6 April). An information memorandum setting out relevant information which potential applicants for the licences should take into account has also been published.

Proposed Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006

1.2 These regulations set out the process and rules for award of licences to operate within the Band. Ofcom intends to hold an auction, although the regulations also provide for circumstances where there is insufficient demand and therefore no auction is held. There are fifteen possible combinations of the four lots of spectrum within the Band and the award process will determine the identity and number of licensees to operate within the Band up to a maximum of four. The regulations include provisions describing the procedures and rules for applying and bidding for the licences, how the winning bidders will be chosen 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 2006

1.3 Ofcom has decided that the licences to operate within the Band 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 2006

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 Band 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) Order 2006

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 Band. 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 17 May 2006.

The full document is available below:

• Notice of Ofcom's proposal to make regulations in connection with the award of 412-414 MHz paired with 422-424 MHz [pdf]
  Full print version

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