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Luật của England (UK)
Xem toàn văn: English - Radio equipment regulation.pdf;
English- Communication act.pdf;
English- Wireless Telegraphy act.pdf;
Website CQQL:
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Đấu giá
Section 14, trang 8, Wireless Act Telegraphy 2006:
14. Bidding for licences
(1)Having regard to the desirability of promoting the optimal use of the electromagnetic spectrum, OFCOM may by regulations provide that, in such cases as may be specified in the regulations, applications for wireless telegraphy licences must be made in accordance with a procedure that involves the making by the applicant of a bid specifying an amount that he is willing to pay to OFCOM in respect of the licence.
(2)The regulations may make provision with respect to—
(a)the grant of the licences to which they apply; and
(b)the terms, provisions and limitations subject to which such licences are granted.
(3)The regulations may, in particular—
(a)require the applicant's bid to specify the amount he is willing to pay;
(b)require that amount to be expressed—
(i)as a cash sum;
(ii)as a sum determined by reference to a variable (such as income attributable wholly or in part to the holding of the licence);
(iii)as a combination of the two; or
(iv)(at the applicant's choice) in any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;
(c)require that amount to be expressed in terms of—
(i)the making of a single payment;
(ii)the making of periodic payments;
(iii)a combination of the two; or
(iv)(at the applicant's choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;
(d)specify requirements (for example, technical or financial requirements, requirements relating to fitness to hold the licence and requirements intended to restrict the holding of two or more wireless telegraphy licences by any one person) which must be met by applicants for a licence;
(e)require an applicant to pay a deposit to OFCOM;
(f)specify circumstances in which a deposit is, or is not, to be refundable;
(g)specify matters to be taken into account by OFCOM (in addition to the bids made in accordance with the procedure provided for in the regulations) in deciding whether, or to whom, to grant a licence;
(h)specify the other terms, provisions and limitations subject to which a licence to which the regulations apply is to be granted [F1(but this is subject to subsection (3A))];
(i)make any provision referred to in section 12(3).
[F2(3A)If a provision of section 8B F3... or 9ZA would prevent OFCOM from specifying a term, provision or limitation on the grant of a wireless telegraphy licence, regulations may not specify the term, provision or limitation.
(3B)OFCOM must satisfy themselves, in making regulations specifying criteria to be taken into account in deciding whether, or to whom, to grant a licence, that the criteria are—
(a)objectively justifiable in relation to the frequencies or uses to which they relate,
(b)not such as to discriminate unduly against particular persons or against a particular description of persons,
(c)proportionate to what they are intended to achieve, and
(d)in relation to what they are intended to achieve, transparent.]
[F4(3C)In exercising their power to make regulations under this section, OFCOM must consider whether, if they were to specify under subsection (3)(h) a term, provision or limitation requiring a specified level of use of any station, apparatus or frequency to which the licence relates, they would by doing so promote the optimal use of the electromagnetic spectrum.]
(4)Regulations do not require OFCOM to grant a wireless telegraphy licence on the completion of the procedure provided for in the regulations, except in such circumstances as may be provided for in the regulations.
(5)A wireless telegraphy licence granted in accordance with the regulations must specify—
(a)the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the licence; or
(b)the method for determining that sum or those sums;
and that sum or those sums must [F5 , subject to subsection (5A),] be paid to OFCOM by the person to whom the licence is granted in accordance with the terms of the licence.
[F6(5A)The regulations may, with the consent of the Secretary of State, make provision permitting or requiring a surrendered-spectrum licence to which the regulations apply to include—
(a)provision requiring all or part of a sum that would otherwise be payable to OFCOM under subsection (5) to be paid to a person who was or is the holder of a predecessor licence;
(b)provision requiring a sum in addition to that payable to OFCOM under subsection (5) to be paid to such a person;
(c)provision specifying any such sum or part or the method for determining it.]
(6)In determining the sum or sums payable in respect of a wireless telegraphy licence, regard may be had to bids made for other wireless telegraphy licences and for grants of recognised spectrum access.
(7)The regulations may provide that where a person—
(a)applies for a licence in accordance with a procedure provided for in the regulations, but
(b)subsequently refuses the licence applied for,
that person must make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the licence.
(8)Section 12(4) applies in relation to sums that will or may become payable under regulations under this section after the grant of a wireless telegraphy licence as it applies in relation to sums that will or may become payable under regulations under section 12.
[F7(9)In subsection (5A) surrendered-spectrum licence” and predecessor licence” have the meaning given by section 12(8) and (9).]
Thi tuyển
Cấp lại
Giới hạn CAP
Wireless Telegraphy Act
Section 29
Limitations on authorised spectrum use
(1)If they consider it appropriate to impose limitations on the use of particular frequencies for the purpose of securing the efficient use of the electromagnetic spectrum, OFCOM must make an order imposing the limitations.
(2) An order under this section may do one or both of the following—
(a) specify frequencies for the use of which OFCOM will grant or make only a limited number of wireless telegraphy licences and grants of recognised spectrum access; or
(b) specify uses for which, on specified frequencies, OFCOM will grant or make only a limited number of wireless telegraphy licences and grants of recognised spectrum access.
Chuyển nhượng
Luật có quy định chuyển nhượng.
Luật không đề cập đến thời gian cho phép chuyển nhượng kể từ khi được cấp phép.
Luật không đề cập đến việc chuyển nhượng trong trường hợp nào.
Luật quy định chuyển nhượng cần sự chấp thuận của cơ quan quản lý. Người nhận chuyển nhượng tiếp tục thực hiện quyền và nghĩa vụ của giấy phép.
Communications Act 2003
168 Spectrum trading
(1) OFCOM may by regulations authorise the transfer to another person by—
(a) the holder of a wireless telegraphy licence, or
(b) the holder of a grant of recognised spectrum access, of rights and obligations arising by virtue of such a licence or grant.
(2) The transfers that may be authorised by regulations under this section are—
(a) such transfers of all or any of the rights and obligations under a licence or grant as have the effect that the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer;
(b) such transfers of all or any those rights and obligations as have the effect that the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer; and
(c) transfers falling within either of the preceding paragraphs under which the rights and obligations that are acquired by the transferee take effect—
(i) if they are rights and obligations under a wireless telegraphy licence, as rights and obligations under a grant of recognised spectrum access; and
(ii) if they are rights and obligations under such a grant, as rights and obligations under a wireless telegraphy licence.
Thu hồi
- OFCOM có thể thu hồi giấy phép hoặc thay đổi các điều kiện sử dụng của giấy phép bằng một thông báo gửi tới DN; hoặc bằng một thông báo áp dụng chung cho các giấy phép cùng loại.
- Thông báo gồm các nội dung sau: lý do thu hồi, khoảng thời gian mà DN có cơ hội thực hiện các công việc như giải trình…
- Thu hồi khi DN vi phạm nhiều lần các điều khoản, điều kiện sử dụng của giấy phép, …
Tại HSMĐG: quy định giấy phép có thời hạn không xác định và chỉ hết hạn khi CQQL thu hồi. Sau thời hạn ban đầu của giấy phép (20 năm), CQQL có thể thu hồi vì các lý do quản lý nhưng phải thông báo cho DN trước ít nhất 05 năm.
SCHEDULE 1 - WIRELESS TELEGRAPHY ACT 2006
Revocation or variation
6. OFCOM may revoke a wireless telegraphy licence or vary its terms, provisions or limitations— (a) by a notice in writing given to the holder of the licence; or (b) by a general notice applicable to licences of the class to which the licence belongs, published in such way as may be specified in the licence.
Notification of proposed revocation or variation
7. (1) Where OFCOM propose to revoke or vary a wireless telegraphy licence, they must give the person holding the licence a notification under this subparagraph— (a) stating the reasons for the proposed revocation or variation; and (b) specifying the period during which the person notified has an opportunity to do the things specified in sub-paragraph (2).
(2) The things are— (a) making representations about the proposal; and (b) if the proposal is the result of a contravention of a term, provision or limitation of the licence, complying with that term, provision or limitation.
(3) Subject to sub-paragraphs (4) to (6), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.
(4) OFCOM may, if they think fit, allow a longer period for doing those things— (a) by specifying a longer period in the notification; or (b) by subsequently, on one or more occasions, extending the specified period…
(7) A case is urgent if the failure to revoke or vary the licence will result in, or create an immediate risk of—
(a) a serious threat to the safety of the public, to public health or to national security; or
(b) serious economic or operational problems for persons, other than the person in contravention, who— (i) use wireless telegraphy stations or wireless telegraphy apparatus; or (ii) are communications providers or make associated facilities available.
(8) A contravention of a term, provision or limitation of a licence is a repeated contravention, in relation to a proposal to revoke or vary a licence, if it falls within sub-paragraph (9).
(9) A contravention falls within this sub-paragraph if— (a) a previous notification under sub-paragraph (1) has been given in respect of the same contravention or in respect of another contravention of a term, provision or limitation of the same licence; and (b) the subsequent notification under that sub-paragraph is given no more than 12 months after the day of the making by OFCOM of a determination for the purposes of sub-paragraph (10) that the contravention to which the previous notification related did occur.
INFORMATION MEMORANDUM - Award of the 700 MHz and 3.6-3.8 GHz spectrum bands
4.9. Each licence will have an indefinite term and will continue in force from the date of grant until revoked by Ofcom or surrendered by the licensee.
4.10. There will be limited rights of revocation during an initial term (the Initial Term) of 20 years. After the Initial Term, Ofcom will be able to revoke the licence for spectrum management reasons, provided we have given the licensee at least five years’ notice. Please see paragraph 3f) of the example licences in annexes 1 and 2.
4.11. The licence can also be revoked, including during the Initial Term, in the following circumstances:
- at the request or with the consent of the licensee;
- if there has been a breach of any of the terms of the licence;
- if it appears to be necessary or expedient to do so in the interests of national security or for the purpose of complying with an international obligation of the UK;
- if it appears to be necessary or expedient to do so for the purposes of complying with a direction by the Secretary of State to us under Section 5 of the Communications Act 2003 or Section 5 of the WT Act;
- if the licensee has not complied with any requirement of any relevant trading regulations; or
- if the licensee has not complied with certain requirements of the Wireless Telegraphy (Licence Award) Regulations 2020 (the Regulations).
4.12. Where we propose to vary or revoke a licence, we must follow the procedure in paragraphs 6, 6(a) and 7 of schedule 1 to the WT Act. The notice under the WT Act must state the reasons for the proposed variation or revocation and specify a period during which the licensee may make representations, or where the notice relates to a failure to observe licence conditions, meet those licence conditions..