The Wireless Telegraphy (Spectrum Trading and Register) (Amendment) Regulations 2025
The Wireless Telegraphy (Spectrum Trading and Register) (Amendment) Regulations 2025, effective June 2nd, 2025, amend the 2012 Spectrum Trading and Register Regulations.
Key changes include updating the list of frequency bands available for shared access licenses in the 2.3 GHz, 26 GHz, and 40 GHz bands, as well as point-to-point licenses in the 7900-8400 MHz band, and removing Self Contained Links in the 64-66 GHz band from transfer eligibility.
The amendments aim to improve spectrum management, promote innovation, and enhance regulatory clarity for wireless telegraphy licenses.
Arguments For
Improved Spectrum Management: The amendments enhance the efficiency and clarity of the spectrum trading process by updating the regulations to reflect current usage and technological advancements. This allows for better allocation and utilization of valuable radio frequencies.
Facilitating Innovation: Expanding the range of licensed frequency bands for shared access enables innovation in wireless technologies, fostering competition and potentially leading to the development of new services and applications.
Increased Regulatory Clarity: The inclusion of additional shared access licences provides more clarity for licensees concerning the transfer of rights and obligations, reducing ambiguity and potential disputes.
Alignment with Technological Advancements: The changes in frequency bands specifications align regulations with technological developments and the evolving demand for wireless connectivity in specific frequency ranges.
Legal Basis for Amendments: The regulations are made under the powers explicitly granted by sections 30(1), 30(3), 31(1) and 122(7) of the Wireless Telegraphy Act 2006, ensuring their legal validity.
Arguments Against
Potential for Market Distortion: Changes in frequency band allocations could potentially favor certain market players, creating unintended competitive imbalances. The impact of the altered frequency allocations on existing licensees should be carefully assessed.
Implementation Challenges: Updating the register and processes associated with the revised regulations requires administrative effort and resources. If the implementation is not smooth, there is potential for temporary disruption to services.
Unforeseen Consequences: Adjustments to frequency bands and licence transfers may have unforeseen effects on established services or potentially interfere with other existing wireless systems. Thorough examination of potential interactions is crucial.
Complexity of Regulatory Framework: Adding complexity to an already complex regulatory framework could cause difficulties for smaller businesses or those with limited technical expertise, resulting in higher transaction costs.
Insufficient Public Consultation: Despite mentioned consultation, concerns always remain that the scope of public engagement preceding the creation of these regulations may have been insufficient to adequately capture diverse stakeholders' perspectives.
- Citation and commencement (1) These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading and Register) (Amendment) Regulations 2025 and come into force on 2nd June 2025. (2) These Regulations shall not extend to the Channel Islands or Isle of Man.
Section 1 establishes the title of the regulations as the "Wireless Telegraphy (Spectrum Trading and Register) (Amendment) Regulations 2025" and their effective date as June 2nd, 2025.
It also specifies that the regulations do not apply to the Channel Islands or the Isle of Man.
- Amendment of the Wireless Telegraphy (Spectrum Trading) Regulations 2012 (1) The Wireless Telegraphy (Spectrum Trading) Regulations 2012 are amended as follows. (2) In regulation 4 (transfer of all the rights and obligations arising by virtue of a wireless telegraphy licence), paragraph 3, for “Colum 1 of each of Parts 3 to 21” substitute “Column 1 of each of Parts 3 to 22”. (3) Schedule 2 (licence classes and frequency bands) is amended in accordance with paragraphs (4) and (5). (4) In Part 10, in column 2—(a) for “7425-7900 MHz” substitute “7425-8400 MHz”; and (b) omit “64-66 GHz”. (5) After Part 21, insert—PART 22 Column 1 Licence class Shared Access (Low Power) Shared Access (Medium Power) Column 2 Frequency bands 1781.7-1785 MHz 1876.8-1880 MHz 2320-2340 MHz 2390-2400 MHz 3.8-4.2 GHz 24.45-27.5 GHz 40.5-43.5 GHz
Section 2 details amendments to the 2012 Wireless Telegraphy (Spectrum Trading) Regulations.
Subsection (2) corrects a typographical error and expands the scope of applicable licence transfers.
Subsection (3) sets the stage for updating the frequency bands listed in Schedule 2.
Subsection (4) modifies Part 10 of Schedule 2 by broadening the included range in one frequency band and removing another entirely.
Subsection (5) introduces a new Part 22 to Schedule 2 which sets out additional frequency bands available for Shared Access Licenses.
- Amendment of the Wireless Telegraphy (Register) Regulations 2012 (1) The Wireless Telegraphy (Register) Regulations 2012 are amended as follows. (2) In regulation 4 (relevant information), in paragraph (1)(a), for “14” substitute “15”. (3) In Schedule 2 (classes and frequency bands)—(a) in Part 1, in Column 2, omit “64-66 GHz”; (b) in Part 3, in Column 2, for “7425-7900 MHz” substitute “7425-8400 MHz”; and (c) after Part 14, insert—PART 15 Column 1 Class Shared Access (Low Power) Shared Access (Medium Power) Column 2 Frequency bands 1781.7-1785 MHz 1876.8-1880 MHz 2320-2340 MHz 2390-2400 MHz 3.8-4.2 GHz 24.45-27.5 GHz 40.5-43.5 GHz
Section 3 outlines amendments to the 2012 Wireless Telegraphy (Register) Regulations.
Subsection (2) updates a numerical reference.
Subsection (3) modifies Schedule 2 by removing frequency band '64-66 GHz' from Part 1, adjusting another in Part 3, and adding a new Part 15 that defines the frequency bands for 'Shared Access (Low Power)' and 'Shared Access (Medium Power)' licenses.
EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Wireless Telegraphy (Spectrum Trading) Regulations 2012 (S.I. 2012/2187, as amended by S.I. 2015/1338 and S.I. 2019/950) (“Spectrum Trading Regulations”) and the Wireless Telegraphy (Register) Regulations 2012 (S.I. 2012/2186, as amended by S.I. 2013/640, S.I. 2015/1400, S.I. 2018/90 and S.I. 2019/952) (“Register Regulations”). Specifically, regulation 2 amends the Spectrum Trading Regulations so as to authorise the transfer of all rights and obligations relating to a range of additional Shared Access licences, including those in the 2.3 GHz, 26 GHz, and 40 GHz frequency bands, and Point-to-Point Fixed Links licences in the 7900-8400 MHz frequency band. Regulation 3 also amends the Registration Regulations to enable Ofcom to provide relevant information about those licences in its Wireless Telegraphy Register. These Regulations also remove Self Contained Links in the 64-66 GHz band from both the Spectrum Trading Regulations and the Register Regulations. The rights and obligations relating to this particular licence class can therefore no longer be transferred by licensees. A full regulatory impact assessment of the effect of these Regulations 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 the amendments made to the 2012 regulations, highlighting the addition of new shared access licenses across various frequency bands and the removal of Self Contained Links in the 64-66 GHz band from the list of transferable licenses.
It also provides instructions on accessing the full regulatory impact assessment.