Explanatory note

These Regulations are made under section 30(1) and (3) and section 122(7) of the Wireless Telegraphy Act 2006. Section 30 implements Article 9b(1) of the Council Directive 2002/21/EC (OJ No L 108, 24.4.2002, p33), as amended by Council Directive 2009/140/EC (OJ No L 337, 18.12.2009, p37).

Regulation 4(1) (subject to the exceptions in regulation 6) authorises the transfer of all rights and obligations arising by virtue of a wireless telegraphy licence within the Public Wireless Network licence class which authorises the operation of a wireless telegraphy station or wireless telegraphy apparatus on any of the frequency bands specified in the Schedule.

Under regulation 5 (subject to the exceptions in regulation 6) certain transfers of rights and obligations relating to parts of the licensed range of frequencies are authorised. The transfer of the rights and obligations relating to a part of the licensed geographical area is also authorised.

Two types of transfer are authorised by regulation 4(1) and 5. Firstly, a transfer may be one in which the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer. Secondly, a transfer may be one in which the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer.

Regulation 6 specifies circumstances in which transfers are not authorised which include where OFCOM has not given its consent. Regulation 8 sets out the matters which OFCOM shall take into account in determining whether or not to consent. If OFCOM consents to a transfer they may also direct that a transfer shall only be put into effect after compliance with conditions. Regulation 7 sets out the procedure for making transfers.

A full impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available to the public from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the OFCOM internet website at www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.