Part 2Regulation of radio spectrum
Chapter 3Management of radio spectrum
General
30AF1General duty of OFCOM to allow leasing or transfer
1
OFCOM must exercise the powers mentioned in subsection (2) in such a way as to ensure that, except in the cases excluded by subsection (4), the holder of a wireless telegraphy licence can do at least one of the following—
a
confer the benefit of the licence on another person in respect of any station or apparatus to which the licence relates; or
b
transfer to another person rights and obligations arising as a result of the licence.
2
The powers are—
a
their power under section 9 to impose terms, provisions and limitations on a wireless telegraphy licence; and
b
their power to make regulations under section 30.
3
OFCOM must exercise their powers to make regulations under section 30 so as to authorise the transfer to another person by the holder of a grant of recognised spectrum access of rights and obligations arising as a result of such a grant, except in the cases excluded by subsection (5).
4
The duty in subsection (1) does not apply where—
a
no charge was payable to OFCOM on the grant of the licence;
b
the licence contains terms, provisions or limitations as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services;
c
the duration of the licence does not exceed 12 months;
d
the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes;
e
the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or
f
the licence relates to frequencies that are not subject to individual frequency planning or co-ordination.
5
The duty in subsection (3) does not apply where—
a
no charge was payable to OFCOM on the making of the grant of recognised spectrum access;
b
the grant contains restrictions or conditions as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services;
c
the duration of the grant does not exceed 12 months;
d
the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes;
e
the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or
f
the grant relates to frequencies that are not subject to individual frequency planning or co-ordination.
6
In subsections (4)(b) and (5)(b) “relevant television or radio services” means—
a
services provided under the authority of a licence under the Broadcasting Act 1990 or the Broadcasting Act 1996;
b
sound broadcasting services (as defined by section 126(1) of the Broadcasting Act 1990) provided by the British Broadcasting Corporation;
c
television multiplex services (as defined by section 241 of the Communications Act 2003) for which a licence under Part 1 of the Broadcasting Act 1996 is not required;
d
radio multiplex services (as defined by section 258 of the Communications Act 2003) for which a licence under Part 2 of the Broadcasting Act 1996 is not required;
e
general multiplex services (as defined by section 362(1) of the Communications Act 2003).