Pursuant to Section 6-5 of the Electronic Communications Act (pdf, 170kb), the authorities can decide that frequency licences may be transferred from one company to another company(*). In accordance with the current distribution of functions within the telecommunications authority, the Norwegian Post and Telecommunications Authority (NPT) may make the decision regarding transfers when the frequency licence was awarded by the NPT.
Examples of frequency licences that may be transferred by the NPT are licences awarded for radio link/radio access, low-power systems, uplinks between earth stations and satellites and professional mobile radio (PMR). This information applies to transfers of such licences. Please submit any questions regarding transfers of frequency licences to the e-mail address: overdragelser@npt.no
The Ministry of Transport and Communications makes the decision regarding transfers of spectrum licences in the frequency bands 453-457.5/463-467.5, 880-914/925-959 MHz, 1710-1785/1805-1880 MHz, 1900-1980 and 2110-2170 MHz.
(*) This also applies to holders of frequency licences that are not a company.
2. Procedure for undertakings that want to transfer a frequency licence
The current holder of a frequency licence (seller) and the prospective holder of the frequency licence after finalisation of the transfer (buyer) enter into a private-law agreement regarding transfer of the frequency licence. In order for the seller to be relieved of and the buyer to assume the rights and obligations that follow from the frequency licence, the transfer must be approved by and registered with the NPT.
It is the seller of a frequency licence that must take the initiative vis-à-vis the NPT in cases involving transfers. The seller must submit a written notification to the NPT:
3. NPT's administrative procedure
Transfers of frequency licences must be considered in relation to the competitive situation as transfer should not result in concentration of an essential input factor (frequency resources) that could lead to the establishment of a dominant position in relevant markets as regards electronic telecommunications networks and services. The NPT will normally approve a transfer if the transfer does not entail that a dominating market player acquires control of additional frequency resources. If the conclusion of an evaluation of whether the conditions for a transfer have been met is negative, the NPT will issue an order that prohibits the transfer in question.
In unambiguous cases the processing time will be approximately two weeks. In cases entailing a risk of increased control of frequency resources for a dominating player, the evaluation of the competitive situation will be more complicated, and the processing time may vary from approximately two weeks to approximately three months.
The NPT will issue a written notification of the conclusion of our evaluation to all parties involved in the transfer. An example of such a notification is available here (pdf, 7kb).
4. Publication and public disclosure
If the transfer is implemented, the NPT will publish the decision regarding the transfer here. <link to Excel file with overview of transfers (to be added)>
If the buyer and/or seller so desire, the case may be exempt from public disclosure pursuant to the rules regarding obligation to observe confidentiality for business secrets (in Norwegian), Section 13, first subsection, second paragraph of the Public Administration Act and Section 5a of the Freedom of Information Act, until the transfer has been finalised. The parties must inform the NPT that they want an exemption from public disclosure when they contact the NPT.
5. Transfer request form
A form that may be used as an example for submitting a request for a transfer is available here (pdf, 1kb).