Moved by
Lord Stevenson of Balmacara
17: After Clause 8, insert the following new Clause—
“OFCOM power to impose caps upon wireless telegraphy licenses
In Schedule 1 to the Wireless Telegraphy Act 2006, for paragraph 3 (information to be provided in connection with applications) substitute—
“3 The grounds on which a licence may be refused by OFCOM include—
(a) a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with terms, provisions or limitations to which the licence may be made subject, or
(b) where the applicant owns more than 30% of the total useable mobile phone spectrum in the UK and OFCOM has a reasonable belief that the award of further licences would have a damaging impact upon competition in a given electronic communications market.
3A Where an applicant already owns more than 30% of the total usable mobile phone spectrum in the UK, and OFCOM has a reasonable belief that the holding of these licences may have a damaging impact upon competition in a given electronic communications market, OFCOM may request that the holder of the spectrum must divest a proportion of its spectrum holdings until such a competition issue no longer exists.
3B Within six months of the day on which the Digital Economy Act 2017 is passed, OFCOM must commission an evaluation of the distribution of radio spectrum suitable for use for the purpose of mobile telephony and present a report to the Secretary of State.
3C The evaluation under subsection (3B) must consider—
(a) the impact on competition in the mobile telephony market of the current distribution of spectrum;
(b) the impact on consumers, both financial and in terms of coverage;
(c) the efficiency of current spectrum usage; and
(d) the impact of preventing any one licence holder from owning more than 30% of the total spectrum useable for mobile telephony.
3D The Secretary of State must lay the report of the review before each House of Parliament by 1 July 2018.””