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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 a wireless telegraphy licence for use of the spectrum band 1785 to 1805 MHz (“the Spectrum Band”) in Northern Ireland. 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 the licence to use the Spectrum Band in Northern Ireland (see the statement entitled Award of available spectrum: 1785 to 1805 MHz published on 14 December 2006). An information memorandum setting out relevant information which potential applicants for the licence should take into account has also been published.

This notice is provided in compliance with section 403(4)(a) and (b) of the Communications Act 2003. It should be noted that the Wireless Telegraphy Act 2006 (“the 2006 Act”)^(-1-) will be in force when the statutory instruments will be made, and therefore the references in this document to the powers under which these statutory instruments will be made are expressed in terms of the 2006 Act.

Proposed Wireless Telegraphy (Licence Award) Regulations 2007

1.2 The Wireless Telegraphy (Licence Award) Regulations (the “NI Regulations”) set out the process and rules for award of the licence to use the Spectrum Band in Northern Ireland (the “NI Licence”). 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 process for the award of the Licence (the “Award Process”) will determine the identity of the licensee. The regulations include provisions describing the procedures and rules for applying and bidding for the NI Licence, how the winning bidder 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) Regulations 2007

1.3 Ofcom has decided that the NI Licence for the use of the Spectrum Band in Northern Ireland 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) Regulations 2007

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 NI Licence to use the Spectrum 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 2007

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 it is here in the case of the Spectrum 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 19 January 2006.

Footnote:

1.- The Wireless Telegraphy Act 2006 was passed by Parliament on 25 October 2006. It received Royal Assent on 8 November 2006 and will come into force in the United Kingdom on 8 February 2007. The new Act replaces the Wireless Telegraphy Acts 1949, 1967 and 1998, the Marine etc Broadcasting (Offences) Act 1967, Part 6 of the Telecommunications Act 1984 and certain provisions of the Communications Act 2003.

The full document is available below:

• Notice of Ofcom's proposal to make regulations in connection with the award of 1785 - 1805 MHz [pdf]
  Full Print Version

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