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

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Putting the transfer into effect

7.—(1) Subject to paragraph (3), a transfer of the rights and obligations under a grant of RSA shall be effected by the holder or concurrent holders of the grant of RSA surrendering that grant to OFCOM and by OFCOM granting a new one to the transferee and—

(a)in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), the holder or concurrent holders who made the transfer; and

(b)in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.

(2) Subject to paragraph (3), a transfer of the rights and obligations under a licence shall be effected by the holder or concurrent holders of the licence surrendering that licence to OFCOM and by OFCOM granting a new one to the transferee and—

(a)in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), the holder or concurrent holders who made the transfer; and

(b)in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.

(3) Where a notice has been given to OFCOM under regulation 6(1)(h) that the transfer will involve a conversion, a transfer of the rights and obligations under a grant of RSA or a licence shall be effected by—

(a)the holder or concurrent holders of the grant of RSA or the licence surrendering that grant of RSA or that licence to OFCOM;

(b)OFCOM granting—

(i)where the transfer is of rights and obligations under a licence, a new grant of RSA to the transferee;

(ii)where the transfer is of rights and obligations under a grant of RSA, a new licence to the transferee; and

(c)OFCOM granting a new grant of RSA or a new licence—

(i)in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), to the holder or concurrent holders who made the transfer;

(ii)in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.

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