These Regulations may be cited as the Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025 and come into force on 24th November 2025.
The Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025
Published: Tue 4th Nov 25
The Office of Communications (OFCOM) enacted these Regulations under the authority of the Wireless Telegraphy Act 2006 to amend the 2011 Mobile Spectrum Trading Regulations, specifically modifying Regulation 6 which defines circumstances where a transfer of licence rights and obligations is not authorized.
The primary changes involve removing the requirement that all instalment payments towards a licence charge must be paid before a transfer can occur, and updating the references within the regulation concerning outstanding sums payable under the 900 MHz, 1800 MHz, and 2100 MHz frequency band licence charge regulations to reflect the current 2025 legislation.
Arguments For
To streamline the process for transferring wireless telegraphy (mobile spectrum) licences by removing the requirement that all instalment payments for licence charges must be settled before a transfer is authorized.
To update and ensure legal consistency by replacing references to revoked legislation concerning licence charges for the 900 MHz, 1800 MHz, and 2100 MHz frequency bands with references to the current 2025 Regulations.
To exercise statutory powers granted under sections 30(1), (3) and 122(7) of the Wireless Telegraphy Act 2006, following proper consultation procedures as mandated by section 122(4) of the Act.
Arguments Against
Concerns may arise that removing the requirement for fully paid instalments before a transfer could introduce financial uncertainty for the regulator during transfer proceedings, potentially complicating debt recovery if the original licensee defaults.
While administrative updates are necessary, frequent amendments to spectrum trading regulations can sometimes lead to transitional complexities or confusion for industry participants attempting to comply with the latest requirements.
The amendment removes a check on the financial standing of both parties to a transfer, potentially impacting the integrity of the spectrum trading framework unless other safeguards are robustly in place.
The Office of Communications (“OFCOM”) make these Regulations in exercise of the powers conferred by sections 30(1), (3) and 122(7) of the Wireless Telegraphy Act 20061 (“the Act”).
OFCOM created these Regulations using the authority granted under sections 30(1), (3), and 122(7) of the Wireless Telegraphy Act 2006, referred to as 'the Act'.
Before making these Regulations, OFCOM gave 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 considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act.
Before finalizing these Regulations, OFCOM followed the procedural requirements outlined in section 122(4) of the Act.
This involved formally announcing their intention, publishing notice of the proposal, and reviewing any feedback received by the specified deadline.
Citation, commencement and extent1.
This is the first regulation, detailing how the legislation must be cited, when it comes into legal effect, and the geographical areas to which it applies.
(1)
The official title of these rules is the Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025.
They legally become active on November 24, 2025.
(2)
These Regulations extend to England and Wales, Scotland and Northern Ireland.
These Regulations apply across the whole of the United Kingdom areas comprising England, Wales, Scotland, and Northern Ireland.
Amendment of the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 20112.
This section details how the existing Wireless Telegraphy (Mobile Spectrum Trading) Regulations from 2011 are being changed by this new legislation.
In the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 20112, in regulation 6 (circumstances in which a transfer is not authorised)—
The changes apply specifically to Regulation 6 of the 2011 Regulations, which outlines the situations where the transfer of wireless telegraphy licence rights and responsibilities is explicitly not permitted.
(a)
for paragraph (b) substitute—
(b)
any sum payable in respect of that licence under—
(i)
the Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 20253; or(ii)
the Wireless Telegraphy (Licence Charges for the 2100 MHz Frequency Band) Regulations 20254;is owing to OFCOM because it has not been paid by the time it became due;
Paragraph (b) of Regulation 6 is being replaced.
The new version states that a transfer is unauthorized if any amount owed to OFCOM, concerning the licence charges under the 2025 Regulations for the 900 MHz/1800 MHz bands or the 2100 MHz band, has not been paid by its due date.
(b)
omit paragraph (c).
Paragraph (c) is being completely removed from Regulation 6 of the principal Regulations.
David Willis
Group Director, Spectrum Group
For and by the authority of the Office of Communications
This section records the formal signing of the instrument by David Willis, the Group Director for the Spectrum Group, acting on behalf of OFCOM on October 30, 2025.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (“the principal Regulations”) (S.I. 2011/1507, amended by S.I. 2013/646, S.I. 2015/1339, S.I. 2019/951 and 2025/700).
Regulation 6 of the principal Regulations sets out the circumstances in which a transfer of rights and obligations arising by virtue of a wireless telegraphy licence is not authorised.
Regulation 2 amends that regulation to omit paragraph (c), with the effect that, where a licensee has chosen to pay the licence charge for the licence by instalments, the requirement for all instalment payments to be paid to OFCOM before a transfer is authorised is removed.
It also amends paragraph (b) (which provides that a transfer is not authorised where a sum payable in respect of that licence to OFCOM has not been paid by the time it became due) to remove the references to revoked legislation and to include references to the current Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2025 (S.I. 2025/967) and the Wireless Telegraphy (Licence Charges for the 2100 MHz Frequency Band) Regulations 2025 (S.I. 2025/1053).
A full impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available to the public from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the OFCOM website at www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.
This non-statutory note confirms the Regulations amend the 2011 principal Regulations.
Specifically, removing paragraph (c) eliminates the restriction on transferring spectrum licences if licence charges, paid in instalments, have not all been paid to OFCOM first.
Additionally, paragraph (b) is updated to remove outdated references to licence charges and incorporate the correct 2025 Regulations for the 900/1800 MHz and 2100 MHz bands.
Public availability details for the regulatory impact assessment are also provided.
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