Statement on variation of 2100 MHz Third Generation Mobile Wireless Telegraphy Act Licences

Notice of proposed variation of 2100 MHz Third Generation Mobile Wireless Telegraphy Act Licences

A confidential respondent to the above consultation has expressed concern over the proposed wording used in paragraph 4(b) of Schedule 1 to the draft licence. Article 5(3) of the Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010) ("the Direction") provides that Ofcom must, provided the holder of a 2100 MHz licence consents, vary the licence to provide for (amongst other things) the following:

(a) by the 30th June 2013 the licensee must provide an electronic communications network that is capable of providing mobile telecommunications services to an area within which at least 90% of the population of the United Kingdom lives and with a 90% probability that users in outdoor locations within that area can receive the service with a sustained downlink speed of not less than 768kbps in a lightly loaded cell;

The respondent set out its view that the Governments intention in making Article 5 of the Direction was that the new coverage obligation should be capable of being met using any of the frequencies held by a licensee and not just the frequencies in the 2100 MHz band. Ofcom agrees that this was the Governments intention, as set out at paragraph 23 of the Governments statement on the Direction of March 2010.

To ensure that there is clarity on this matter, we therefore propose that the current wording in paragraph 4(b) of Schedule 1 of the draft varied 2100 MHz licence be amended as follows:

(b) The Licensee shall   install, maintain and use Radio Equipment (as specified in paragraph 10 of Schedule 1) in such a way as to enable the provision of, by no later than 30 June 2013 provide and thereafter maintain thereafter , an electronic communications network that is capable of providing mobile telecommunications services to an area within which at least 90% of the population of the United Kingdom lives and with a 90% probability that users in outdoor locations within that area can receive the service with a sustained downlink speed of not less than 768kbps in a lightly loaded cell. Section 43A of the 2006 Act shall apply to any contravention of this provision.

We additionally propose that the heading to this section of the Schedule is amended as follows: Special Conditions   relating to the operation of the Radio Equipment.