1.1 This notice provides formal notice to stakeholders of Ofcom’s proposal to make five statutory instruments in connection with the Digital Dividend Review first phase geographic interleaved awards of wireless telegraphy licences for use of spectrum within the bands 542 to 550 MHz and 758 to 766 MHz (‘the Bands’). Copies of each of the five statutory instruments are set out in Annexes 5–8 of this document. Separately Ofcom has published the reasoning for its decision to award licences for use of spectrum in the Bands (see statement entitled ‘Digital Dividend Review: geographic interleaved awards for frequency bands 542 to 550 MHz and 758 to 766 MHz' published on 29 October 2008). An information memorandum setting out relevant information which potential applicants for the licences should take into account has also been published.
1.2 Each of these regulations sets out the process and rules for the award of a licence to operate within the Bands. Ofcom intends to hold an auction for each licence, although the regulations also provide for circumstances where there is insufficient demand and therefore no auction is held. The regulations include provisions describing the procedures and rules for applying and bidding for the licences, how the winning bidders will be identified and rules prescribing how applicants and bidders must conduct themselves during the award processes. Section 3 of this document sets out a detailed summary of the general effect of the provisions.
1.3 Ofcom has decided that the licences awarded to operate within the Bands should be tradable. Accordingly Ofcom is proposing to make amendments to the existing regulations which govern spectrum trading to allow this to take place. Section 4 of this document sets out a summary of the general effect of the provisions.
1.4 Where licences are tradable Ofcom’s policy is to include relevant details of those licences on a public register to facilitate the efficient working of the spectrum market. Accordingly, Ofcom is proposing to make amendments to the existing regulations governing the register to allow details of the licences to operate within the Bands to be included. Section 5 of this document sets out a summary of the general effect of the provisions.
1.5 Ofcom is required to make a licence limitation order where it considers it appropriate to limit the number of licences for a particular set of frequencies as in the case of the licences to operate in the Bands. Section 6 of this document sets out a summary of the general effect of the provisions
1.6 Ofcom is giving notice and consulting on each of its proposals to make these five statutory instruments. Comments or representations with respect to the five proposed statutory instruments are invited by 25 November 2008.
1.- Both documents are available at: http://www.ofcom.org.uk/radiocomms/ddr/
The full document is available below