Statutory Instruments
2008 No. 3197
Electronic Communications
The Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2008
Made
15th December 2008
Coming into force
5th January 2009
The Office of Communications (“OFCOM”) make the following Order in exercise of the powers conferred by section 29(1) to (3) of the Wireless Telegraphy Act 2006( 1 ) (“the Act”).
Before making the Order OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.
Citation, commencement and extent
1. —(1) This Order may be cited as the Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2008 and shall come into force on 5th January 2009.
(2) This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of number of licences
2. —(1)OFCOM shall grant one wireless telegraphy licence for the use of the frequency bands 742 to 750 megahertz and 542 to 550 megahertz with transmission from the site at Wenvoe, Cardiff which has the Ordnance Survey national grid reference ST110742.
(2)OFCOM shall also grant one wireless telegraphy licence for use of the frequency band 758 to 766 megahertz with transmission from the site at Winter Hill, Bolton, Manchester which has the Ordnance Survey national grid reference SD660144.
(3) The persons to whom the wireless telegraphy licences shall be granted shall be determined by OFCOM—
(a) in the case of the Cardiff licence using the procedure set out in the Wireless Telegraphy (Licence Award) (Cardiff) Regulations 2008( 2 ); and
(b) in the case of the Manchester licence using the procedure set out in the Wireless Telegraphy (Licence Award) (Manchester) Regulations 2008( 3 ).
(4) The criteria which Ofcom applied in determining that one wireless telegraphy licence would be granted for each site were that the number of licences to be granted should be the number which is most likely to secure the optimal use of the electromagnetic spectrum and promote competition in the provision of electronic communication services having regard to the matters set out in section 3(1) and (2) of the Wireless Telegraphy Act 2006.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
15 December 2008