If you wish, you may use this Annex as a pro forma for your response. If you do, please tick the box that most closely matches your view where there is a multiple choice and use the space provided for any further comment. Please continue on a separate sheet if there is insufficient space.
The introduction of spectrum trading in the form of:
(a) simple transferability of assignments;
strongly agree / agree / neither agree nor disagree / disagree / strongly disagree
(b) the selective application of more complex variants.
Comment
Specific questions
1) The balance between spectrum management and market forces, the proposed regulatory framework for spectrum trading outlined above and whether other restrictions would be necessary or desirable.
2) Whether there is a need for specific Wireless Telegraphy Act powers, in addition to general competition legislation and existing powers in relation to telecommunications and broadcasting, to prevent anti-competitive practices in relation to spectrum trading.
3) The introduction of spectrum trading on the basis of licensing under section 1 of the Wireless Telegraphy Act 1949 without converting to spectrum property rights.
4) The extent to which it would be feasible or beneficial to give users flexibility to change the use to which assignments are put without applying for a new licence.
5) Ways in which users would intend to take advantage of tradability and the licence classes for which different forms of spectrum trading would be particularly beneficial;
6) Whether there are trading modes other than those described that should be considered.
If so, what are they?
7) The extent to which more complex trading modes should be permitted in different licence classes.
8) Whether there is a need to distinguish in the implementation of spectrum trading between licences that have been auctioned and licences that are subject to administrative pricing.
9) What mechanisms would be desirable to minimise the opportunity for windfall gains and to control speculation under a system of spectrum trading
and, in particular, whether there should, in some circumstances, be provision to recover windfall gains.
If so, what form should such a provision take, in what circumstances should it apply and how should the amount to be recovered be assessed?
10) (a) The proposals for a selective, phased introduction of spectrum trading.
(b) Whether UMTS licences should be made tradable, should legislation permit.
11) Whether the basis of licences that are tradable should be changed from perpetual to fixed term.
12) If so, how long that term should be for the various licence categories.
13) How the market might work in practice, the types of market mechanisms that might evolve and how these should be regulated.
14) Whether it would be advantageous to develop the concept of market intermediaries.
15) The proposals in section 5 on how spectrum trading and the various trading modes might be applied in practice to different licence categories.
16) (a) The draft RIA at Annex B.
(b) The likely cost implications and any cost savings or other benefits which would be likely to arise as a result of the proposals in this document.
(c) The areas where the main costs and benefits are likely to occur and which are recurring and which are non-recurring, expressed both as an absolute amount and as a percentage of annual turnover.
It would be helpful in analysing responses to have the following information.
Aeronautical/marine Broadcaster CBS/PAMR service provider Dealer/supplier Emergency service Manufacturer Private business radio user (e.g. taxi company, courier etc - please indicate) Public telecommunications operator Representative body Scientific/engineering Other (please indicate)
Aeronautical/marine
Broadcaster
CBS/PAMR service provider
Dealer/supplier
Emergency service
Manufacturer
Private business radio user
(e.g. taxi company, courier etc - please indicate)
Public telecommunications operator
Representative body
Scientific/engineering
Other (please indicate)
small (fewer than 100 employees)
medium (100-499 employees)
large (500+ employees)
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