# The Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011, 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 or section 5 of the Wireless Telegraphy Act 2006.

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Source: https://www.legislation.gov.uk/uksi/2011/1507/regulation/8 (the official version)
Page: https://openlegislation.uk/wireless-telegraphy-mobile-spectrum-trading-regulations-2011/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.