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How can I check whether a notice for licence revocation or variation has been served?

If Ofcom has served a notice under the licence (for example 5 years notice to revoke or vary for spectrum management reasons), then the licence is tradable until the section 1E notice is served – which is around two months prior to the final implementation of the revocation. However, where Ofcom has served a notice under section 1E, generally a couple of months before variation or revocation, the licence is not tradable.

Ofcom has instigated a procedure to ensure that in such a case any transferee will take the licence subject to the notice. Potential transferees may obtain further information from Ofcom on notices served on a licence through the due diligence process (see question 49 below).

The Trading Regulations – Wireless telegraphy (Spectrum Trading) Regulations December 2004

http://www.legislation.hmso.gov.uk/stat.htm

Due diligence request form.
Please see 'Related Items'.

How will Ofcom support me when carrying out due diligence on a possible trade?

A potential transferee may wish to obtain more detailed information about matters relating to the licence in question in order to gain a better understanding of the rights and obligations he intends to purchase. To facilitate this due diligence process, Ofcom has developed a checklist of matters on which we would be willing to provide information to a licensee, who will then be free to provide this information to potential transferees. If you want Ofcom to do this, licensees should complete the due diligence form for requesting this type of information – which is available through the spectrum trading page.

Due diligence requestform.
Please see 'Related Items'.

Ofcom will provide information following receipt of a completed due diligence request form signed by the licensee.

• Licence holder – Ofcom will confirm whether the licence was issued to the licence holder, or all of the concurrent licence holders;
• Fees – Ofcom will confirm that, under Wireless Telegraphy (Licence Charges) Regulations 2002, fees in respect of the relevant licence remain owing to Ofcom;
• Fees (instalments) – Ofcom will confirm whether any instalments remain outstanding to be paid to Ofcom, under regulation 4(8)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2002, in respect of the relevant licence;
• Revocation or variation notice – Ofcom will confirm whether or not we have served a notice, under section 1E(1) of the Wireless Telegraphy Act 1949 on the holder, or concurrent holders, of the relevant licence of a proposal to revoke or vary that licence (but that revocation or variation has not yet been made);
• Revocation or variation request – Ofcom will confirm whether the holder, or concurrent holders, of the relevant licence have requested Ofcom to revoke or vary that licence, and whether Ofcom has requested consent to a revocation or variation proposed by Ofcom (but that revocation or variation has not yet been made).

Ofcom will also consider requests to disclose other relevant information about a licence. However, Ofcom would only ever provide such information after first obtaining the consent of the licensee.

Is there more relevant information I can use for due diligence?

Further information that is publicly available, and to which the parties of the transfer may wish to refer, can be accessed from the trading & liberalisation page, and from the spectrum licensing portal.

Spectrum Licensing Portal
Trading & Liberalisation page
Please see 'Related Items'.

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