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Mobile Radio Licences: Takeovers, Transfers and Changes of Name |
Persons who install or use mobile radio equipment (except those using the services under the supervision of Network Operators as detailed in the Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997 and other service providers within the terms of their licence) must hold a licence under Section 1 of the Wireless Telegraphy Act 1949 and 1998. Mobile radio must only be used as an aid to conducting a business or for providing a professional or public service and licences may be issued to: individuals (sole traders); partnerships; public and other limited liability companies; local and other authorities and registered charities. Licences may not be issued to unincorporated associations.
Licences may not be transferred from one person to another and consequently, whenever a person acquires a business from an existing licensee and wishes to use the radio system, an application must be made for a new licence.
An application for a new licence should be submitted as soon as the transfer/change occurs and wherever possible before the previous licence expires. It should be noted that payment of the licence fee does not mean that right to the licence is automatically transferred.
This information sheet explains the legal requirements and procedures that need to be followed to obtain a new licence and the limited circumstances in which it is possible to change the name of the licensee without issuing a new licence (only where the identity of the licensee does not change).
If after reading this information sheet you need more information please telephone the number applicable for your area which is given in information sheet RA206, or phone our enquiry point, tel: 020 7211 0211
It is a condition of a mobile radio licence that the radio equipment to be used shall comply with the performance specification which was most recently published at the date when the equipment was originally installed. It is in your interest to ensure that any radio equipment you obtain, whether directly or as part of the assets of a business you are taking over, conforms to these specifications. Radio equipment that does not meet current specifications may not be licensable or may have only a limited licensable lifetime. If you are in any doubt, consult your radio equipment supplier or contact the Agency.
Although the Agency will make every attempt to issue the same frequency if this is requested when equipment which is the subject of a licence is taken over, no guarantee can be given. It should be noted that some mobile radio frequencies on which existing equipment is still licensed are no longer available to new licensees as their business use may have changed.
A person acquiring a licence from an existing licensee must apply for a new licence in their own name if they wish to continue using the mobile radio system. Mobile radio licences are personal to the holder and unlike some other business assets may not be transferred.
In England, Wales and Northern Ireland licences issued to partnerships are held jointly by all the partners identified by reference to the licence. Any partner not named either on a licence or in the application form supporting the licence is not a licensee. A new licence is required whenever there is a change of the named partners including:
In Scotland the law concerning partnerships is different. For further information about partnerships in Scotland contact the phone number for the Falkirk Office given in information sheet RA206.
In the case of a legal trust, the licence would be issued in the name of the trustees who would hold the licence for the benefit and purposes of the trust.
Mobile radio licences may only be issued in the name of a company and not to a particular person in the organisation such as the company secretary or managing director, unless they wish to be personally liable for the licence. When a purchaser takes over a public or other limited liability company by buying the licensee companies shares but continues to trade as that company, a new licence is not required as the identity of the licensee remains unchanged. However, when the business of a company holding a licence (rather than that company's shares) is sold to another company, so that it becomes part of the business of the purchasing company, the purchaser will need a new licence.
A new licence is also required where the acquiring company wishes for organisational reasons to change the licensee limited company to that of a different limited company in the same group, eg from the holding company to a subsidiary or from one subsidiary company to another. This is necessary because each company has a separate identity and is registered accordingly under the Companies Acts.
A new licence is required when an existing licensee (sole proprietor or partnership) forms a limited liability company and wishes to place the licence in the name of that company.
When there is a change in the name of a licensee local authority, it will be necessary to issue a new licence unless it is the same legal entity.
If there is a change in the name of a licensee registered charity, it will be necessary to issue a new licence unless it is the same legal entity.
If you require a new licence as a result of a takeover or a change in the identity of a named licensee, please:
The Agency will process your application. If a new licence is issued, the licence in the name of the previous licensee will then be revoked.
A new licence is not required when an individual, a partner or a trustee, changes their name, eg on marriage or by deed poll.
A new licence is not required when a public or other limited company changes its name.
To change the licensee name in any of the circumstances described above, please write to the Agency enclosing supporting documentation such as a copy of the certificate from the Registrar of Companies changing the company name.
For further details please contact your local agency office.
The phone numbers and addresses are listed on the information sheet RA206. Copies of RA206 are available from the Agency's Library on 020 7211 0502/0507, or by writing to:
The Library
Radiocommunications Agency,
Wyndham House
189 Marsh Wall
London
E14 9SX
For information on ather radio matters contact the Agency's Enquiry Point on 020 7211 0211
website: www.radio.gov.uk
| RA 205 (Rev 3) May 1999 |
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