Notice of proposals to make 900 MHz, 1800 MHz & 2100 MHz public wireless network licences tradable
- Start: 02 February 2011
- Status: Statement published
- End: 17 March 2011
Ofcom published on 2 February 2011 a Notice proposing to make tradable the licences for 900, 1800, and 2100 MHz spectrum (collectively referred to in this document as the mobile spectrum). We were required to do this as a result of a direction made by the Secretary of State to Ofcom that came into force on 30 December 2010.
We have considered all the responses to the Notice. In line with our proposals in the Notice we made the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (the Mobile Spectrum Trading Regulations) and the Wireless Telegraphy (Register) (Amendment) (No.2) Regulations 2011 (the 2011 Register Regulations) on 16 June 2011 and these come into force on 4 July 2011. These will be available on the website www.legislation.gov.uk under the titles listed above. Copies in draft form are also shown in Annex 2 to this statement for indicative purposes in the form submitted for registration and publication after making by Ofcom.
www.legislation.gov.uk is the only authorised source for published statutory instruments. Copies of the Regulatory Impact Assessments are also included in Annex 3 to this statement.
We include at Annex 1 a note setting out guidance on the procedures we will follow in considering whether competition is likely to be distorted as a result of a transfer of the rights and obligations in licences for the use of the mobile spectrum.
Following receipt of all necessary approvals Everything Everywhere Limited (EE) and Hutchison 3G UK Ltd (Three) have applied to Ofcom under the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (SI 2011/1507) (the Mobile Trading Regulations) to transfer from EE to Three the rights and obligations which relate to the frequencies from (i) 1816.7 - 1826.7 MHz and 1721.7-1731.7 MHz, and (ii) 1826.7 - 1831.7 MHz and 1731.7 - 1736.7 MHz. The application requests that the transfer of the frequencies set out in (i) above is to take effect from 1 October 2013, and in (ii) above is to take effect from 1 October 2015.
Ofcom is considering this application in accordance with the Mobile Trading Regulations and its usual spectrum trading processes. The spectrum to which this trading application applies is the spectrum that EEs parent companies committed to divest as part of the creation of EE. In its statement on making the Mobile Trading Regulations Ofcom set out at paragraph 3.21 that it did not intend to undertake an ex ante competition check under those regulations in relation to this spectrum.
Statement on proposal to make 900 MHz, 1800 MHz and 2100 MHz public wireless network licences tradable