Trigger situation

A business needs spectrum access for a new service (private 5G network, IoT deployment, satellite communications). An MNO is participating in an Ofcom spectrum award. A shared access licence holder has interference issues. A business is acquiring or investing in a company with spectrum holdings and needs to understand the regulatory position. A spectrum licence holder faces operational constraints due to new coverage obligations or changes to licence conditions.

Why it matters now

Spectrum regulation operates under a distinct statutory framework from telecoms regulation proper. The Wireless Telegraphy Act 2006 (WTA 2006) creates the licensing regime; the Communications Act 2003 applies a different set of rules. Many businesses conflate the two regimes and underestimate the technical and commercial significance of spectrum licence conditions.

The regulatory environment has become more prescriptive in the past five years. Ofcom’s spectrum management strategy now reflects government industrial policy objectives on coverage, competition and infrastructure investment. The mmWave auction (completed early 2026, covering 26 GHz and 40 GHz bands) introduced the high-density area (HDA) licensing model, which constrains use geographically and imposes specific coverage obligations. Shared Access Licences, introduced in 2019 and expanded in 2025, offer a novel third option between individual licences and unlicensed use, but they operate under a framework that differs materially from traditional individual licences and generate complex coordination and interference management obligations.

A spectrum licence is not a telecommunications licence. It authorises use of specific frequencies subject to specific conditions. Those conditions directly affect commercial value: use restrictions, coverage obligations, interference limits, tradability restrictions, and duration all determine what you can do with the spectrum and what it is worth.

Where clients get it wrong

The common error is treating spectrum as a commodity rather than a regulated right. Spectrum licences contain use conditions that are prescriptive and enforceable. An MNO that acquires spectrum in a competition award has no discretion to use it for purposes outside the licence conditions, even if technically feasible. A satellite operator that receives a licence subject to interference mitigation requirements cannot simply ignore those requirements if interference occurs. A private network operator that uses spectrum without a licence, or outside the scope of its licence, faces enforcement action and criminal prosecution.

Many businesses also fail to understand the difference between individual licences, shared access licences, and unlicensed spectrum. Individual licences confer exclusive use rights over a geographic area or nationwide (depending on the licence terms) and are typically awarded by auction. Shared Access Licences permit multiple operators to use the same frequencies in the same geographic area, subject to coordination and interference limits. Unlicensed spectrum (including Wi-Fi and new 6 GHz bands) is available without a licence but subject to technical use conditions and no protection from other users. The commercial and operational implications of each model are distinct, and many businesses make investment decisions without fully understanding which model applies to their use case.

The HDA licensing model introduced in the mmWave auction is novel in UK spectrum management. It divides the 26 GHz and 40 GHz bands into high-density areas where a single licensee has rights, and non-HDA areas where different arrangements apply. An operator that expects nationwide coverage from its HDA licence will discover that coverage outside the HDA is not guaranteed and that other operators may also have rights in those areas. This requires network planning that many operators have not yet adapted to.

Acquisition due diligence on spectrum-holding companies frequently fails to assess the true restrictions on the target’s spectrum rights. A spectrum licence can be acquired but its conditions are typically not. An acquirer inherits the duration of the licence, the use conditions, any coverage obligations, and any outstanding enforcement action. If the target’s licence is subject to coverage requirements it has not met, the acquirer acquires that liability. If the licence is approaching expiry and Ofcom’s policy has changed in the interim, the licence may not be renewed or may be renewed on different terms.

The Advisor’s Perspective

Spectrum is the foundation of wireless services, and Ofcom controls access to it. Every private 5G deployment, every satellite service, and every mobile network depends on spectrum rights that are subject to regulatory conditions. Those conditions can change. A spectrum licence acquired at auction carries obligations (coverage, technical standards, interference management) that constrain how the spectrum can be used commercially. Investors and acquirers need to understand these constraints before pricing a deal.

The shift towards shared access and dynamic spectrum allocation has created both opportunity and complexity. Shared access licences allow smaller operators to deploy networks without the cost of an auction, but they come with priority rules that affect service reliability. Understanding the hierarchy of spectrum rights (licensed, shared, licence-exempt) and the practical implications of each is essential for any business that depends on wireless connectivity.

What good looks like

Bratby Law’s approach to spectrum matters begins with a clear understanding of the licence itself. We read the licence document, identify the use conditions, coverage obligations, duration, any restrictions on trading or assignment, and any conditions relating to interference management or shared access. We then map those conditions against your intended use and identify any gaps or inconsistencies between what the licence permits and what you want to do.

For new spectrum acquisitions, we advise on how your intended use fits within the licence parameters and what changes to your business plan may be needed to achieve compliance. If you are participating in an Ofcom spectrum auction, we advise on the implications of competing bids, the likely outcomes given Ofcom’s policy framework, and what you can realistically expect to achieve. We advise on how winning a given spectrum award affects your network architecture, coverage obligations, and competitive positioning.

For Shared Access Licence holders, we advise on the specific obligations that attach to shared access, including coordination with other licensees, interference management, and the technical and commercial implications of spectrum sharing in practice. Shared access has theoretical advantages but operational complexity; we advise on how to navigate that complexity.

For businesses acquiring spectrum-holding companies, we conduct thorough due diligence on the scope and enforceability of spectrum licences, any outstanding regulatory issues, the likelihood of renewal or variation when the licence expires, and the true commercial value of the spectrum rights post-acquisition. We identify and quantify risks created by licence conditions and advise on how to mitigate them.

We also advise on the interaction between spectrum regulation and other regulatory regimes. Spectrum rights are a necessary but not sufficient condition for operating a telecoms network. You also need to comply with the Communications Act 2003 telecoms regime, with the Telecommunications (Security) Act 2021, with data protection and lawful intercept obligations, and with planning rules and environmental assessments. Spectrum and planning disputes often intersect: a spectrum licence does not confer planning permission, and planning permission does not confer spectrum rights. We advise on how to sequence these processes and allocate risk between them.

When to instruct

Instruct immediately if you are bidding in an Ofcom spectrum auction. Ofcom’s auction rules are technical and the strategic implications of winning different combinations of spectrum are material to your investment decision. We advise on bidding strategy and on the conditions you will need to comply with if you win.

Instruct before acquiring spectrum or a spectrum-holding company. Due diligence on spectrum licences is a specialist exercise and the cost of getting it wrong post-acquisition is high.

Instruct if you receive an enforcement notice from Ofcom alleging breach of licence conditions. Spectrum enforcement can result in substantial fines and licence withdrawal. The distinction between technical non-compliance and material breach is critical to your response.

Instruct if you are managing operational spectrum issues: interference complaints from other licensees, requests for licence modification, disputes over coverage obligations, or questions about whether your current use remains within licence scope.

Instructing Bratby Law is appropriate if you need strategic advice on spectrum acquisitions, advocacy before Ofcom on spectrum policy, specialist due diligence on spectrum licences, or representation in spectrum enforcement matters.

How Bratby Law helps

We advise on Ofcom’s spectrum auction rules and strategy, including competitive analysis and bidding implications. We review spectrum licences and identify use conditions, coverage obligations, restrictions on trading and assignment, and any areas of ambiguity that may create compliance risk. We advise acquisition teams on spectrum due diligence, including scope of licence rights, enforcement risks, and renewal likelihood.

We advise on the practical management of spectrum compliance, including interference management, coverage obligation reporting, and liaison with Ofcom. We advise on licence modifications and variations, including how to approach Ofcom with a request for modification and how to negotiate changes to licence conditions. We provide representation in spectrum enforcement matters, including response to enforcement notices and negotiations with Ofcom.

We advise on the interaction between spectrum and other regulatory regimes, including planning permission, telecoms licensing, security obligations, and data protection. We advise on the acquisition and divestment of spectrum rights, including assignment and trading restrictions. We advise on unlicensed spectrum use and the technical and regulatory framework for new spectrum bands.

Related telecoms regulation pages

• Telecoms Regulation overview
• Ofcom Licence Fees
• Regulatory compliance and enforcement

FAQs

What is the difference between a spectrum licence and a telecoms licence?

A spectrum licence, granted under the Wireless Telegraphy Act 2006, authorises use of specific radio frequencies. It specifies which frequencies you can use, in which geographic area (or nationwide), for what purpose, subject to what conditions, and for how long. A telecommunications licence, granted under the Communications Act 2003, authorises you to operate a telecoms network and provide services to the public. You may need both. If you want to operate a mobile network, you need a spectrum licence to use the radio frequencies and a telecoms licence to provide mobile services. If you operate a private 5G network, you may only need a spectrum licence (if using licensed spectrum) or may use unlicensed spectrum without a spectrum licence at all. The two regimes are separate and you need to comply with both.

Can I change what I use my spectrum licence for?

No, not without Ofcom’s consent. Spectrum licences contain use conditions that specify what the spectrum can be used for. If you want to change the use, you need to apply to Ofcom for a licence modification. Ofcom will consider whether the change is consistent with its spectrum management objectives and whether it affects other licensees. Some changes are routine; others are contentious. If Ofcom refuses, you are bound by the original use conditions.

What happens if my spectrum licence expires?

It depends on whether Ofcom chooses to renew it. Ofcom has discretion to renew, not to renew, or to renew on different terms. In practice, many licences are renewed, but Ofcom’s spectrum policy changes over time and newer licences often have more onerous conditions (particularly around coverage and environmental sustainability) than older licences. If you hold an expiring licence, you should engage with Ofcom well before expiry to understand the likely outcome and to explore modifications to your licence if necessary.

What is a Shared Access Licence?

A Shared Access Licence permits multiple operators to use the same spectrum in the same geographic area. This is different from an individual licence, which typically confers exclusive use. Shared access has been introduced in some spectrum bands to improve spectrum efficiency. Licensees using shared access spectrum must coordinate with each other, manage interference, and comply with technical rules that prevent one licensee from adversely affecting others. Shared access is operationally complex and requires careful coordination and network planning.

Can I sell or trade my spectrum licence?

Some spectrum licences are tradeable; others are not. The licence document will specify whether you can assign or trade it. If it is tradeable, you can sell it to another operator, subject to Ofcom’s consent. Ofcom will typically consent if the buyer is a fit and proper person and will comply with the licence conditions. If the licence is not tradeable, you cannot sell it; it is tied to your operator licence and will cease when your operator status ceases.

What are interference obligations and who is responsible for managing interference?

Interference occurs when radio signals from different users affect each other. If your spectrum use causes interference to other licensees, you are required to take steps to mitigate it. Your licence conditions will specify technical limits on the interference you can cause. If you exceed those limits, you are in breach. If another licensee’s equipment is causing interference to you, they are responsible for fixing it. Ofcom has powers to require licensees to change their equipment or operation to reduce interference. Interference disputes can be contentious and often require specialist engineering evidence.

Why Bratby Law?

Representative experience

Recent and representative matters include:

• Advised on spectrum licence obligations and trading conditions for a mobile operator restructuring its frequency holdings following an acquisition.
• Supported a private network operator in obtaining a Shared Access spectrum licence from Ofcom for a dedicated industrial campus deployment.
• Advised a satellite operator on the UK licensing regime for earth station and gateway operations, including coordination with Ofcom’s Space Spectrum Strategy.
• Reviewed spectrum-related regulatory risk in the due diligence for a PE acquisition of a wireless broadband provider holding multiple Ofcom spectrum licences.
• Advised on compliance with Ofcom’s electromagnetic field (EMF) licence conditions introduced in 2022, including measurement and reporting obligations for a small-cell network operator.

Related telecoms regulation pages

See also our other telecoms regulation pages:

• Interconnection regulation
• Ofcom General conditions of entitlement
• Numbering
• Lawful intercept and the Investigatory Powers Act 2016
• Ofcom Licence Fees
• Code Powers and access to land
• Am I regulated?
• SMP regulation and market reviews
• Telecoms Security
• Ofcom
• Complaints and investigations
• Connected Vehicles and IoT Regulation

Why Choose Bratby Law?

Independent directory rankings

Our specialist expertise is recognised in major independent legal directories:

• Chambers & Partners: Rob Bratby is ranked as a band 2 lawyer in the UK Guide 2026 in the “Telecommunications” category: Chambers
• The Legal 500: Rob Bratby is listed as a “Leading Partner – Telecoms” in London (TMT – IT & Telecoms): The Legal 500
• Lexology: Rob Bratby is featured on Lexology’s expert profiles as a Global Elite Thought Leader for data: Lexology

What clients say about Bratby Law:

See more

• Why Bratby Law? UK Telecoms Lawyers and AI Lawyers for Regulated Markets
• Services
• Transactions
• Co-counsel
• Fractional General Counsel

Frequently asked questions

What is spectrum?

Spectrum refers to the range of electromagnetic frequencies used for wireless communication, regulated by Ofcom to ensure efficient and interference-free use.

Who regulates spectrum in the UK?

Ofcom regulates spectrum under the WTA 2006 and Communications Act 2003.

Do I need a licence to use spectrum in the UK?

Yes, unless the equipment is covered by a licence-exemption.

What is licence-exempt spectrum?

Bands authorised for low-power, low-interference devices such as Wi-Fi and IoT systems.

What is the UK Plan for Frequency Authorisation?

A comprehensive table of all licensed and licence-exempt bands and their permitted uses.

Can spectrum be traded?

Yes. Most major bands are tradable subject to notification and, in some cases, Ofcom consent.

What are Shared Access Licences?

Low-cost licences enabling localised 4G/5G deployments for industrial or rural applications.

How does Ofcom manage interference?

Through engineering assessments, monitoring and statutory enforcement powers.

What happens if spectrum is used unlawfully?

Unauthorised use is an offence and may lead to fines, equipment seizure and criminal liability.