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The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 17
- Regulation 4
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Transfer of part of the rights and obligations arising by virtue of a grant of RSA or a licence
4. Subject to regulation 5, transfers satisfying one of the two conditions set out in regulation 3(2) are also authorised where the transfer is of—
(a)all the rights arising by virtue of a grant of RSA or a licence which relate to—
(i)a part of the range of frequencies in which—
(aa)in the case of a licence, the holder is authorised to establish, install and use transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 1 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
(bb)in the case of RSA, the holder is recognised as using transmitting or receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 1 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same part;
(ii)a geographical area being part of the total geographical area in which—
(aa)in the case of a licence, the holder is so authorised; and
(bb)in the case of RSA, the holder is so recognised;
(iii)both of the situations set out in sub-paragraphs (i) and (ii);
(iv)part of the range of frequencies in which—
(aa)in the case of a licence, the holder is authorised to establish, install and use transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
(bb)in the case of RSA, the holder is recognised as using transmitting or receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;
(v)a geographical area being a fifty kilometre square part of the total geographical area in which—
(aa)in the case of a licence, the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
(bb)in the case of RSA, the holder is recognised as using radio transmitting and receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; or
(vi)both of the situations set out in sub-paragraphs (iv) and (v); and
(b)the corresponding part of each of the obligations under the grant of RSA or licence.
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