FINAL REPORT - Stakeholders - Ofcom

7.2.5 Change of Control Rules relating to radio spectrum licences
Telecommunications and radio spectrum licences are generally not transferable without
the approval of the NRA or other national government representative. Typically, specific
provisions relating to the transfer of licences under specific circumstances (such as a
change of ownership of the licence holder) are included within national legislation or within
individual licences. Details of specific change of control rules applied by European
Member States are summarised in Table 7-4 below.
B For private networks (fixed links / satellite), authorisations and frequency assignments can not be
transferred but must be cancelled and new ones issued.
DK Licences may only be assigned wholly or partly to other parties if the licence holder has obtained the
consent of the NTA thereto, prior to the assignment. Such assignment includes indirect assignment
such as stocks, shares or other ownership interests that involve changes in the control of the licence
holder. Section 7 of the Mobile Communications Act states that licences may not be assigned in
whole or in part without the approval of the NRA. Assignment in this context also relates to indirect
changes of control of the licensee. Assignment to a third party of some of the licensed spectrum (i.e.
spectrum trading) is also not permitted.
D Telecommunications licences may be transferred in accordance with § 9 of the Telecommunications
Law. Written agreement of the NRA is required. Radio frequencies cannot generally be transferred
but must be handed back to the NRA and re-assigned.
EL Licence transfer requires the prior approval by EETT, who will ensure that the new licence holder can
fulfil the licence terms and that no restrictions in competition arise.
E The new owner must maintain existing licence obligations. Where scarce spectrum resources are
involved, there is a minimum time before takeovers or mergers can take place. Competition rules do
not allow large operators to take over smaller competitors.
F Any significant change of capital structure of licensed PTO must be notified to ART, but there are no
specific rules to prevent such changes other than general competition law.
IRL Service and spectrum licences are not transferable and COMREG consent is required for any change
of control or ownership.
I An individual licence can be transferred to third parties only after the approval of the NRA.
L Conditions of transfer of individual licences are included in individual licence schedules. Licences are
generally not transferable.
NL A licence may be transferred to another upon application by the holder of that licence with the
permission of the Minister. Conditions may be attached to such permission, which may be altered from
time to time (article 3.8 of the T Act).
A §16 of the Telecommunications Law states that a licence can only be transferred with the agreement
of the Regulator. For operation of authorised radiocommunication equipment the licensee has to
inform the Fernmeldebüro (regional offices) of any change of ownership.
P Decree Law also states that if an entity wishes to transfer a licence it must obtain ANACOM's
authorisation.
FIN No specific change of control rules.
S Transfer of an individual licence is not permitted.
UK Licences are "not assignable", i.e. legal rights to the licence cannot be transferred to another
undertaking. Subject to competition issues not being distorted, the licensing authority will normally
endeavour to issue a replacement licence to a new undertaking on the same terms.
Table 7-4 - NRA "Change of Control" rules for radio spectrum licences.
In addition to the indicated situation in the countries listed in Table 7-4 above, Hong Kong
and Turkey have indicated that the transfer of a licence is not permitted. In Australia the
Radiocommunications Act 1992 was amended to permit the transfer of apparatus licences.
When an apparatus licence is transferred, it will remain in force for the balance of the
original term of the licence (this is subject, to the possibility of any later administrative
action taken by the Australian Communications Authority (ACA) to suspend or cancel the
licence). The transferred licence will also be subject to the same conditions as applied to
the licence immediately before the transfer.
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