This document addresses comments raised in response to the notice of Ofcom's proposals to make Spectrum Trading Regulations and Register Regulations, published 29 September 2004.
This document does not contain any new policy proposals. However, it does aim to provide clarity in relation to a number of points highlighted by respondents. This includes answering questions on the circumstances in which a trade can be authorised and Ofcom's reasons for giving, or not giving, consent to a trade. It also explains how guidance notes will be issued to provide more detail on the process set out in the regulations. In addition, the document provides further background on the scope of the information to be included on the registers which will be published on Ofcom's website. Finally, it comments on points made in relation to the Regulatory Impact Assessments (RIAs) which accompanied the draft regulations.
Most of the points raised by respondents, which are addressed in this document, have not resulted directly in any amendment being made to the regulations. However, where any such amendment has been made, this is explained. The amended draft spectrum trading and register regulations are included at Annex 1 and Annex 2 respectively to this document. The final RIAs are included at Annexes 3 and 4.
It is expected that the regulations will enter into force on 23 December 2004 from which time licensees in the relevant licence classes will be entitled to trade.