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The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

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5.—(1) OFCOM must exercise their powers under section 10 of and paragraph 6 of Schedule 1 to the WTA to vary 900MHz, 1800MHz and 2100MHz licences to make provision as follows.

(2) OFCOM must vary each 900MHz and 1800MHz licence to extend the period of notice for revocation for spectrum management reasons from 1 year to 5 years.

(3) OFCOM must, provided the holder of a 2100MHz licence consents, vary the licence to provide for all of the following—

(a)by 30th June 2013 the licensee must provide an electronic communications network that is capable of providing mobile telecommunications services to an area within which at least 90% of the population of the United Kingdom lives and with a 90% probability that users in outdoor locations within that area can receive the service with a sustained downlink speed of not less than 768kbps in a lightly loaded cell;

(b)the licence shall continue in force unless or until revoked by OFCOM;

(c)OFCOM may revoke the licence either—

(i)for spectrum management reasons on not less than 5 years’ notice, such notice not to be given before 31st December 2016, or

(ii)in accordance with their powers under the WTA; and

(d)that the licensee is to pay an annual charge for the licence to be determined by OFCOM in accordance with article 6(3) in respect of periods following 31st December 2021.

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