Wireless Telegraphy Act 2006 (Directions to OFCOM) (Revocation) Order 2026

Lord Clement-Jones Excerpts

Tuesday 7th July 2026 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Baroness Lloyd of Effra) (Lab)]

My Lords, I beg to move this draft order. Wireless connectivity underpins a vast range of everyday services, from mobile phones and wifi to broadcasting and satellite communications. All these rely on access to radio spectrum. Spectrum is a finite and valuable resource, and it must be carefully managed to ensure that different services can operate without interference, that networks function reliably and that consumers and businesses benefit from competition and innovation.

In the UK, Ofcom, the independent communications regulator, manages spectrum by issuing licences, setting conditions and promoting efficient use. Government set the overall policy and strategic priorities for spectrum, including through the statement of strategic priorities that Ofcom must have regard to when discharging its functions. Maintaining a clear and effective framework for managing spectrum is therefore an important part of supporting investment in digital infrastructure and the wider economy. This instrument contributes to that by improving legal clarity without changing existing services, business models or regulatory requirements.

This draft order revokes a direction given to Ofcom in 2010. At the time, the Government used this direction to ensure that a specific set of reforms to support the rollout of mobile broadband was implemented clearly and at pace, alongside Ofcom’s existing statutory framework and in line with wider European measures to harmonise the use of key spectrum bands. These measures included allowing operators greater flexibility in how they could use key spectrum bands, enabling spectrum trading so that licences could be bought and sold, updating licence conditions to support long term investment, setting licence fees to reflect full market value and preparing for major spectrum auctions. Together, these changes helped operators transition from older mobile technologies towards newer ones, enabling the rollout of 3G and 4G services more quickly and efficiently and supporting the widespread availability of modern mobile services across the UK. The reforms also reflected wider European measures to harmonise the use of key mobile spectrum bands and support this transition.

All the obligations set out in the direction have now been fully implemented by Ofcom through a series of regulatory actions over the past decade. As a result, the direction no longer has any practical effect and is now redundant. This instrument therefore revokes that direction. Its removal will improve the clarity of the legal framework and remove the risk of confusion that could arise from retaining obsolete provisions. For example, when Ofcom looks to set annual licence fees for mobile spectrum, we want to minimise the risk of unnecessary legal challenge. The direction requires Ofcom to have particular regard to the outcome of the 800 megahertz and 2.6 gigahertz auction when setting certain licence fees. That auction took place in 2013; retaining the direction could create uncertainty about whether those historic auction outcomes should continue to carry special weight today.

This instrument does not introduce any new policy or change the way that spectrum is managed in the UK. Ofcom will continue to exercise its functions under its existing statutory framework, including duties set out in the Communications Act 2003 and powers under the Wireless Telegraphy Act 2006. These provide the framework for managing spectrum efficiently, promoting competition and investment and protecting consumers. This step will help ensure that the framework underpinning wireless connectivity remains clear and effective and supports continued investment. I beg to move.

[Lord Clement-Jones (LD)]

My Lords, I thank the Minister for introducing this order. I am somewhat intrigued as to why we are privileged to have two Ministers for these orders, which are both under the heading of electronic communications. No doubt the mystery will be resolved. Of course we do not oppose this instrument and I do not intend to detain the Committee long on what are, on the face of it, tidying-up measures. However, they raise a question or two worth putting to the Minister.

We have no quarrel with removing a direction that has plainly served its purpose. As the Minister said, Ofcom completed the work that the 2010 direction required years ago. However, can she say a little more about why now? The Explanatory Memorandum notes that retaining the 2010 direction risks creating

“legal challenge against Ofcom if they proceed with changes to licence charging arrangements”.

That is not a housekeeping observation but a forward-looking one; it suggests that Ofcom already has changes to spectrum licence fees in contemplation. Can the Minister tell the Committee what those changes are and on what timetable we might expect to see them?

Looking further ahead, can the Minister say something about how the Government see the framework for spectrum direction-making evolving to meet the demands of 5G and 6G rollout, non-terrestrial and satellite networks, and the rising spectrum needs of AI-related infrastructure? The 2010-era framework, tied as it was to 3G liberalisation, was never designed to anticipate those needs.