The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009

Transfer procedure

6.—(1) The holder, or concurrent holders, of a grant of RSA or a licence, who wishes, or who wish, to make a transfer authorised by regulations 3(1) or 4 must provide to OFCOM—

(a) the reference number of the grant of RSA or the licence under which rights and obligations are to be transferred;

(b) the name and address of the holder or concurrent holders of the grant of RSA or the licence;

(c) the name and address of the proposed transferee;

(d) a description of which type of transfer authorised by regulation 3(1) or 4 is proposed;

(e) a document signed by or on behalf of the holder, or each concurrent holder, of the grant of RSA or the licence and signed by or on behalf of the transferee, under which each of those persons warrants to OFCOM that he has consented to the proposed transfer;

(f) all information necessary for OFCOM to determine whether or not they shall consent to the transfer;

(g) in the case of a transfer authorised by regulation 4, a description of which rights and obligations under the grant of RSA or the licence are to be transferred; and

(h) notice of whether the transfer will involve a conversion under which the rights and obligations that are acquired by the transferee shall take effect—

(i) if they are rights and obligations under a licence, as rights and obligations under a grant of RSA; and

(ii) if they are rights and obligations under a grant of RSA, as rights and obligations under a licence.

(2) OFCOM shall, after determining that the requirements of paragraph (1) have been met, publish a notice stating—

(a) the name of the holder or concurrent holders of the grant of RSA or the licence and the name of the transferee to whom it is proposed that the rights and obligations arising under the grant of RSA or the licence shall be transferred;

(b) the date when OFCOM determined that the requirements of paragraph (1) were met;

(c) the reference number of the grant of RSA or the licence under which rights and obligations are to be transferred; and

(d) in the case of a transfer authorised by regulation 4, a description of which rights under the grant of RSA or the licence are proposed to be transferred.

(3) After publishing a notice under paragraph (2) OFCOM shall decide—

(a) if they consent to the transfer in accordance with regulation 8; and

(b) if they shall give any directions under regulation 9.

(4) OFCOM shall notify the parties to the proposed transfer of their decisions under paragraph (3).

(5) OFCOM shall publish the information specified in paragraph (2) in relation to transfers that have been effected pursuant to regulation 7.