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

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Wireless Telegraphy Act 2006 (Directions to OFCOM) (Revocation) Order 2026.

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.

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.

My Lords, I too thank the Minister for her introduction. This is indeed a short and straightforward instrument, but certainly one worth a little bit of careful thought because of its real strategic importance. As we have heard, the Government propose to revoke the 2010 directions to Ofcom. The directions were originally issued to support the release of additional spectrum for next-gen mobile broadband. The directions have now served their purpose, and the Government, completely plausibly, argue that they are redundant.

Certainly, on the face of it, this revocation is sensible. The 2010 framework was designed for a very specific moment in the evolution of mobile networks. The market has moved on, Ofcom’s regulatory toolkit has matured, and spectrum management now operates under a more flexible and market-driven regime. Removing obsolete directions is, in principle, good housekeeping.

However, it is worth briefly pausing to consider and to put a couple of questions. Spectrum is a national strategic asset. The stability and predictability of the regulatory environment underpinned billions of pounds of private investment, and the balance of responsibility between Ministers and Ofcom must, of course, be handled with care.

I will put two questions to the Minister. First, how does this revocation sit within the Government’s wider spectrum strategy? The questions posed by the noble Lord, Lord Clement-Jones, were absolutely right in this respect. The UK faces increasing pressure on spectrum availability, from 5G and 6G deployment, satellite services, defence requirements and emerging industrial uses. Removing a set of directions is tidy, but more broadly, do the Government have a long-term strategic plan for spectrum allocation, resilience and competitiveness? If so, how does the instrument fit into that strategic plan?

Secondly, what assurances can the Minister give that revocation will not inadvertently reduce investment certainty? The 2010 directions were introduced precisely to give operators confidence during a period of rapid technological transition. We must ensure that today’s decision does not create ambiguity at a time when the UK needs sustained private investment in digital infrastructure.

I thank noble Lords and the Committee for their support for this housekeeping measure to remove an obsolete direction. The direction was fully implemented and cast for its time. As noble Lords have indicated, technology has moved forward, as indeed has the state of mobile coverage and other investment.

The noble Lord, Lord Clement-Jones, specifically asked, “Why now?” We want to ensure that obsolete regulations are not in place. We have heard from the market that there is a possibility that having active obsolete regulations could provide a lack of clarity and could potentially lead to legal challenge. That is why we want to make this move now. Ofcom last revised annual fees last year and new ones are envisaged in the next year, so we are doing it now to provide clarity before then.

On the framework for spectrum, I heartily agree with the points that the noble Viscount, Lord Camrose, and the noble Lord, Lord Clement-Jones, made about the importance of spectrum. We designated an updated statement of strategic priorities in April this year; it set out our priorities across telecoms, the Post Office and, of course, spectrum, including the Government’s policy direction to Ofcom for spectrum. It touched on a number of the important matters that noble Lords have raised, including the importance of growth, innovation and the multiple uses of spectrum. This is very much a housekeeping matter in the context of that wider discussion, and it will have no impact other than that. It supports a clear and coherent framework for spectrum management, and it gives certainty to the regulators and the industry.

On certainty for investment, investment is currently at high levels. For example, the investments being made by mobile phone companies in stand-alone 5G are significant. It is being commercially led and there is committed investment in that area, such that Ofcom reports that, as of January 2026, stand-alone 5G was available outside 93% of premises across the UK—an increase of 10 percentage points since July 2025. The stability and certainty of that regulatory framework is indeed important. With that, I commend the instrument to the Committee.

Motion agreed.