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How do I use the new flexibilities?

How to apply

15. How do I take advantage of liberalisation?

To take advantage of liberalisation, you need to apply for a ‘licence variation’. The following diagram shows Ofcom’s process for handling such requests.

16. How do I request a licence variation?

Spectrum liberalisation variations will follow existing licence variation procedures. To take advantage of liberalisation, simply complete the appropriate licence variation form, which is normally combined with the licence application form, relevant to the class of licence you wish to vary and submit the completed form to Ofcom. If no form is available (as for FWA), please submit a written request to Ofcom with details of the requested variation.

The appropriate forms for each licence sector are available in Related Items.

• OFW85 form for point to point fixed link
• OFW113 form for scanning telemetry
• OFW 229 form for business radio

A detailed description of how to apply for a licence variation and the process can be found in the licensing procedures manuals for your licence class - see Related Items.

For licence variations outside the illustrative list set out under question 11, the licensee should first contact the spectrum liberalisation helpdesk.

17. Can I vary my licence on-line?

Not at this time. For the present, you need to submit a licence variation request (see question 15). However Ofcom plans in future to make its business radio assignment tool MASTS available on-line and is also considering how to introduce functionality that would allow licensees to perform their own assessment of viability of a particular licence variation prior to seeking Ofcom’s approval . Ofcom is also currently exploring if any other of its planning tools, including FiLSM for point to point terrestrial fixed links, could be made available on-line for spectrum users.

18. What information do I need to submit to Ofcom?

The information required by Ofcom to assess most licence variation requests will be detailed on the relevant licence variation form for the class you wish to vary. On occasion, Ofcom may request additional information to enable us to assess the request properly, particularly if it is for a novel or innovative variation. If we do require additional information, we will endeavour to inform you of this as quickly as possible after receipt of your application.

What Ofcom will do

19. What will happen after I have submitted the necessary information?

Ofcom will assess the application for licence variation in accordance with its statutory duties and other legal requirements and against its published criteria relating to the licence class and will consider the evidence provided by the licensee. In deciding whether to agree to a variation, Ofcom will apply spectrum quality benchmarks (SQBs) as a key criterion in deciding whether or not to agree to a requested variation.

20. What are these SQBs?

The term Spectrum Quality Benchmark is used to denote the level of spectrum quality on which Ofcom’s technical planning and coordination process and criteria are based. These are usually captured within the Technical Frequency Assignment Criteria (TFACs) or alternatively for some services in Coordination Guidelines. See Related Items.

The SQB represents the level of unwanted emissions from other licensed sources that are allowed for by our spectrum planning models.

21. How will Ofcom use the SQBs?

The SQBs constitute guidance, not a guarantee, for licensees about the levels of interference that Ofcom expects are likely to be encountered from other licensed services. Subject to other considerations, Ofcom would expect not to agree to a requested variation that caused spectrum quality in neighbouring assignments to be reduced below their SQBs.

There is no guarantee for users that interference will not exceed the level implied by the SQB as, in practice, technical predictions are not completely reliable. However, Ofcom will continue to investigate and resolve interference complaints and will usually intervene where necessary to restore quality to the SQB (see following section).

22. Will Ofcom consult third parties?

Licence variations listed in question 11 are inherently unlikely to reduce spectrum quality in neighbouring assignments below the SQB . Ofcom considers that notification is not generally appropriate in such cases. The liberalisation consultation document and statement effectively give notice that Ofcom expects to allow such variations. For other sorts of licence variations, Ofcom will consider the need to consult, taking account of its statutory duties and the avoidance of unnecessary uncertainty and delay. This will be done on a case-by case basis. Relevant factors will include the risk of interference in neighbouring assignments, the nature and significance of the proposed variation and the impact on competition and consumers.

23. Can I negotiate with neighbouring users if my proposed variation would reduce their spectrum quality below their SQB?

Yes, you can negotiate with other spectrum users to secure their agreement in such a case although it will still be necessary to apply to Ofcom for your licence to be varied. Ofcom would expect to grant the request provided that the other users have agreed and that no other third parties’ spectrum quality would deteriorate unacceptably as a result of the variation. The terms of the agreement, including any payments to the other parties, would be a matter between you and them.

24. What happens after the proposed variation passes all checks?

When Ofcom grants consent for a variation to a licence, it will make the licence variation and provide revised licence documentation to the licensee.

25. Will Ofcom charge a fee for this licence variation processes?

For the first year of liberalisation, no fee will be charged by Ofcom for processing licence variation applications. However, Ofcom intends to keep this position open for review in future years in the light of the resource demands on Ofcom. Any proposal to introduce fees will be subject to further consultation and based on cost-recovery principles.

26. What happens to my licence fee when my licence is varied?

Licence fees are charged in accordance with the fees regulations in force at the time. Details will be available on Ofcom’s website. Licence variations that alter a licence in such a way so as to attract a different fee under these regulations will be charged accordingly. Where a request is received to vary a licence between classes the appropriate fee under the new licence class will be charged upon renewal.

27. Will information about my licence variation be publicly available?

Ofcom recently launched an on-line Wireless Telegraphy Register which provides information on specific licences issued under those classes which are now tradable. Changes to licences that result from variation requests will be reflected in this register provided they are of a nature that would require amendment to the data currently provided.

The register is available through the Spectrum Licensing Portal - see Related Items.

How long will licence variation take?

28. How long does it take Ofcom to give consent to a proposed variation?

For those types of licence variations identified in question 11, Ofcom intends to apply the same performance targets as are currently used for licence applications. Details can be found in our Annual Plan (see related items)

If the request requires coordination with third parties or more detailed examination, the process may take longer. In such a case, Ofcom will advise you of the likely timescales shortly after receipt of the application.

Requests for complex or novel variations may require detailed technical analysis, consultation with third parties, and international coordination. It is not possible to give an advance estimate of the resources, and actions that may be required to properly analyse and agree such requests, Ofcom will, however, endeavour to process them as quickly as reasonably possible.

Due diligence

29. Who is responsible for checking my spectrum quality is adequate?

It is your responsibility to check that the actual spectrum quality of your assignment is adequate for your purposes. As stated above, actual spectrum quality may differ from that predicted by Ofcom’s assignment models. Moreover, spectrum quality can also be affected by sources outside Ofcom’s control.

You may also wish to check the impact of your proposed change on third parties if you wish for greater certainty as whether your operations may need to be curtailed after your licence has been varied in order to avoid excessive impact on third parties’ assignments (see question 34).

30. How will Ofcom support me when carrying out due diligence?

Further information that is publicly available and to which you may wish to refer can be accessed from the Trading and Liberalisation page and from the Spectrum Licensing Portal (see related items) .

How to complain

31. How can I complain if I disagree with Ofcom’s decision on a proposed licence variation?

If you disagree with Ofcom’s decision or any aspect of Ofcom’s service, arrangements for complaining are detailed on Ofcom’s website (see related items).

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