The Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2007

Statutory Instruments

2007 No. 3381

electronic communications

The Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2007

Made

30th November 2007

Coming into force

21st December 2007

The Office of Communications (“OFCOM”) make the following Order in exercise of the powers conferred by section 29(1) to (3) of the Wireless Telegraphy Act 2006(1) (“the Act”).

Before making the Order OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.

Citation, commencement and extent

1.—(1) This Order may be cited as the Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2007 and shall come into force on 21st December 2007.

(2) This Order shall not extend to the Channel Islands or to the Isle of Man.

Limitation of licences

2.—(1) OFCOM shall grant a limited number of wireless telegraphy licences for the use of the following frequency bands in the United Kingdom—

10.125–10.225 GHz;

10.475–10.575 GHz;

27.8285–28.0525 GHz;

28.0525–28.1645 GHz;

28.1925–28.3045 GHz;

28.3325–28.4445 GHz;

28.8365–29.0605 GHz;

29.0605–29.1725 GHz;

29.2005–29.3125 GHz;

29.3405–29.4525 GHz;

31.815–32.571 GHz;

32.627–33.383 GHz;

40.50–42.00 GHz;

42.00–43.50 GHz.

(2) In determining the number of licences to be granted for the use of these frequency bands and the persons to whom the licences will be granted, OFCOM shall apply the procedure set out in the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007(2).

Philip Rutnam

Partner, Spectrum Policy

For and by authority of the Office of Communications

30th November 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 29 of the Wireless Telegraphy Act 2006 (c.36) (“the Act”). Section 29 of the Act implements Article 7(1)(c) of the Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ No L 108, 24.4.02, p21). Under section 29(1) of the Act OFCOM may, if they consider it appropriate for the purpose of securing the efficient use of the electromagnetic spectrum to impose limitations on the use of particular frequencies, make an order imposing those limitations.

Article 2(1) of this Order specifies the frequency bands for the use of which OFCOM will grant only a limited number of wireless telegraphy licences in the United Kingdom.

A full regulatory impact assessment of the effect that this Order will have on the costs to business is available from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: [phone]) 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.

(1)

2006 c. 36.

(2)

S.I. 2007/3380.