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Consultations

Consultation on a Direction to Ofcom to Implement the Wireless Radio Spectrum Modernisation Programme

Open date: 16 Oct 2009

Closing date: 05 Feb 2010

Response date: 23 Mar 2010

The Government set out its objectives for mobile broadband in its Digital Britain report. An Independent Spectrum Broker was appointed and he has presented a set of proposals to enable the release of additional spectrum into the UK market. The Government sees the Independent Spectrum Broker’s proposals as a sound platform for further consultation and intends to Direct Ofcom to implement them.

Background to consultation

Purpose of consultation

The Government has the power to Direct Ofcom, subject to approval from Parliament, but is required to consult on any Direction by statute. This consultation document therefore seeks views on the proposed Direction to Ofcom.

Following a query from a respondent, whilst we are not aware that others are in any doubt, we confirm that responses on all the proposals in the consultation document are welcome and will be taken into account when the Secretary of State considers his decision on the contents of a direction to Ofcom.

Supplement to consultation

This document (PDF, 71KB) is supplementary to the consultation document, published by the Department on 16 October 2009.

The Consultation Document set out various directions which the Secretary of State proposes to give to Ofcom in accordance with his power to give directions under section 5 of the Wireless Telegraphy Act 2006. The directions proposed were set out at Annex G to that Consultation Document.

Since that consultation was commenced, one organisation that has received the Consultation Document has raised two matters concerning the contents of that document. So that the position is beyond any doubt, this Supplementary Document deals with each of them.

Please note that the Secretary of State has now extended the time within which all responses to this consultation exercise need to be received. The deadline for responses is now 5pm on Friday 5 February 2010.

In March 2010, the Government published its response to its consultation on a Direction to Ofcom to implement the Wireless Radio Spectrum Modernisation Plan. Consequently, the Government laid a statutory instrument to direct Ofcom in March 2010. The Direction was not approved by Parliament prior to the General Election and therefore was reviewed by the new Government. They proposed a revised Direction and this was laid before Parliament in July 2010. In coming to their decision, the Government took into account responses from the consultation and further analysis from Ofcom on the impact on competition as a result of liberalising the licences in the 900MHz and 1800MHz bands. In order to address some concerns expressed following this proposal, the assessment is being made public and the Government is issuing the attached statement, making it clear that this assessment is not intended in any way to constrain, or be definitive of, any future assessment which Ofcom may be required to make in exercising its duties in the future.

Statement on the Wireless Telegraphy Act 2006 (Direction to Ofcom) Order 2010

Ofcom's competition assessment can be found at: http://stakeholders.ofcom.org.uk/consultations/spectrumlib/advice-to-government/