The Wireless Telegraphy (Limitation of Number of Licences) Order 2025
The Wireless Telegraphy (Limitation of Number of Licences) Order 2025, issued by OFCOM, limits the number of wireless telegraphy licenses granted for use in the 25.1 to 27.5 gigahertz and 40.5 to 43.5 gigahertz frequency bands.
OFCOM will use a defined procedure outlined in the Wireless Telegraphy (Licence Award) Regulations 2025 to determine the number of licenses and their recipients.
The order came into force on July 7, 2025, and does not apply to the Channel Islands and the Isle of Man.
Arguments For
Efficient Spectrum Management: Limiting the number of licenses can help prevent spectrum congestion and ensure the efficient use of a valuable public resource.
Fair Allocation: The stated procedure for license allocation aims to distribute licenses fairly, optimizing usage across different stakeholders.
Regulatory Compliance: The order follows the provisions of the Wireless Telegraphy Act 2006, demonstrating adherence to existing legislation and promoting regulatory certainty.
Technological Advancement: Prioritizing license allocation might potentially incentivize innovation and development among licence holders within these frequency bands.
Arguments Against
Limited Competition: Restricting the number of licenses could reduce competition amongst service providers, potentially leading to higher prices and reduced consumer choice.
Potential for Exclusion: The selection process might inadvertently exclude smaller or newer companies from accessing vital frequencies, potentially hindering innovation and market growth.
Regulatory Burden: Compliance with the licensing procedure can add administrative burden for applicants and OFCOM alike.
Unforeseen Consequences: The effect of limiting the number of licences on future technological developments and spectrum demand is hard to predict and could lead to unforeseen challenges.
- Citation, commencement and extent (1) This Order may be cited as the Wireless Telegraphy (Limitation of Number of Licences) Order 2025 and comes into force on 7th July 2025. (2) This Order does not extend to the Channel Islands and the Isle of Man.
This section establishes the title of the order as the 'Wireless Telegraphy (Limitation of Number of Licences) Order 2025' and its effective date as July 7, 2025.
It clarifies that the order's jurisdiction excludes the Channel Islands and the Isle of Man.
- Limitation of licences (1) The Office of Communications (“OFCOM”) shall grant a limited number of wireless telegraphy licences for the use of frequencies in the following frequency bands— (a) 25.1 to 27.5 gigahertz; and (b) 40.5 to 43.5 gigahertz. (2) In determining the number of licences to be granted for the use of frequencies in these frequency bands and the persons to whom the licences will be granted, OFCOM shall apply the procedure set out in the Wireless Telegraphy (Licence Award) Regulations 2025.
This section mandates OFCOM to grant a limited number of licenses for the specified frequency bands (25.1 to 27.5 GHz and 40.5 to 43.5 GHz).
The process for determining the license quantity and allocation will follow regulations established by the Wireless Telegraphy (Licence Award) Regulations 2025.
EXPLANATORY NOTE (This note is not part of the Order) This Order specifies frequencies for which the Office of Communications (“OFCOM”) will grant wireless telegraphy licences. Article 2(1) provides that a limited number of licences will be granted for the use of frequencies in the specified frequency bands. Article 2(2) sets out the criteria that OFCOM will apply in determining the limit on the number of licences and the persons to whom the licences will be granted. A full regulatory impact assessment of the effect of this Order is available on OFCOM’s website at www.ofcom.org.uk. Hard copies of this assessment can be obtained free of charge by writing to OFCOM at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA (tel. 020 7981 3000). Copies of this assessment have also been placed in the library of both Houses of Parliament.
The explanatory note summarizes that the order defines the frequencies for which OFCOM will issue wireless telegraphy licenses.
It highlights that Article 2 outlines limitations on the number of licenses and allocation procedures.
It also provides information on where to access a regulatory impact assessment of the order, including online and physical copies.