Regulation 8 Consent by OFCOM

In determining whether or not to consent to a proposed transfer OFCOM shall take into account whether —

(a)

the holder is, or the concurrent holders are, in breach of the terms of the wireless telegraphy licence under which the rights and obligations are to be transferred;

(b)

the transferee is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;

(c)

in the case of a transfer authorised by regulation 5 the transferor is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;

(d)

the transferee is able to meet any criteria relating to the persons to whom a wireless telegraphy licence of the class under which rights and obligations are to be transferred may be granted;

(e)

competition is likely to be distorted as a result of the transfer; and

(f)

it is requisite or expedient to refuse consent to the transfer —

(i)

in the interests of national security;

(ii)

for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is party; or

(iii)

for the purposes of complying with a direction by the Secretary of State given to OFCOM under section 5 of the Communications Act 2003 M1 or section 5 of the Wireless Telegraphy Act 2006.

Annotations

Marginal citations

M1: 2003 c.21.