The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

86.  After section 30 insert— U.K.

“30A    General 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).”.

Commencement Information

I1 Sch. 1 para. 86 in force at 21.12.2020, see reg. 1(2)