We published a consultation document on 9 October 2008 in which we sought views on the general approach that we proposed to take when licensing commercial use of non-liberalised and non-tradable spectrum for which there are no existing suitable licences. This followed approaches in recent years from a number of organisations that wished to launch innovative commercial wireless services. The consultation document asked stakeholders about the key features we proposed for an innovation licence, including technical conditions, term, revocation, protection from interference, award mechanism and licence fees.
We received 23 responses to the consultation. Having considered the responses, we are content that the overwhelming majority view supports the introduction of innovation licences and we shall therefore continue to develop them. We acknowledge that firms are keen to see the licences and that investment decisions will depend, inter alia, on ready access to spectrum via these licences. However we must accommodate competing needs in considering the introduction of these licences and we must address the concerns expressed by the MOD and CAA.
When they become available, these licences will provide a framework which will make it easier to use spectrum that has yet to be fully exploited by its holder(s). We must consider any request to use the spectrum. It is therefore more efficient and reduces the burden on spectrum managers and holders as well as applicants to have a specific product with an agreed procedure associated with it and this would be provided by the proposed licences. We are clear, however, that these licences will not remove the need for discussions with public sector bodies about use of this spectrum either in the short or the long term. We should also be clear that not every application for a new licence will be successful.