The Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011

Consent by OFCOM

8.  In determining whether or not to consent to a proposed transfer OFCOM shall take into account whether —

(a) the holder is, or the concurrent holders are, in breach of the terms of the wireless telegraphy licence under which the rights and obligations are to be transferred;

(b) the transferee is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;

(c) in the case of a transfer authorised by regulation 5 the transferor is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;

(d) the transferee is able to meet any criteria relating to the persons to whom a wireless telegraphy licence of the class under which rights and obligations are to be transferred may be granted;

(e) competition is likely to be distorted as a result of the transfer; and

(f) it is requisite or expedient to refuse consent to the transfer —

(i) in the interests of national security;

(ii) for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is party; or

(iii) for the purposes of complying with a direction by the Secretary of State given to OFCOM under section 5 of the Communications Act 2003(1) or section 5 of the Wireless Telegraphy Act 2006.

(1)

2003 c.21.