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Statutory Instruments

2007 No. 3380

electronic communications

The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007

Made

30th November 2007

Coming into force

21st December 2007

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Citation, commencement and extent

    2. 2. Interpretation

  2. PART 2

    APPLICATION STAGE

    1. 3. Applications for the grant of a licence

    2. 4. Application

  3. PART 3

    QUALIFICATION STAGE

    1. 5. Assessment of bidder groups

    2. 6. Subsequent changes to bidder groups

    3. 7. Determination of applicants which are qualified to bid

    4. 8. Publication of determination

    5. 9. Withdrawal of an application

    6. 10. Determination of number of bidders

  4. PART 4

    PROCEDURE WHERE THERE IS ONLY ONE BIDDER

    1. 11. Paired frequency range selection menu

    2. 12. Grant of licence

    3. 13. Completion of the award process

  5. PART 5

    PROCEDURE WHERE THERE IS MORE THAN ONE BIDDER

    1. CHAPTER 1

      Principal stage, assignment stage and grant stage

      1. 14. The three stages

    2. CHAPTER 2

      Primary bids and supplementary bids

      1. 15. Primary bids

      2. 16. Requirement for a valid primary bid in the first primary bid round

      3. 17. Supplementary bids

      4. 18. Number of primary bid rounds

      5. 19. Determination of round prices for primary bid rounds

      6. 20. Bidder’s eligibility limit for primary bid rounds

      7. 21. Determination of bidder’s eligibility limit for the first primary bid round

      8. 22. Determination of bidder’s eligibility limit for subsequent primary bid rounds

      9. 23. Additional deposit before the first primary bid round

      10. 24. Valid primary bids

      11. 25. Valid supplementary bids

      12. 26. Restrictions on amount of supplementary bid

    3. CHAPTER 3

      Procedure for primary bid rounds

      1. 27. Notice to be given to bidders before primary bid rounds and extensions to rounds

      2. 28. Submission of primary bid form to OFCOM

      3. 29. Alternative method for submission of primary bid form

      4. 30. Incomplete or defective primary bid form

      5. 31. Notification that primary bid not valid

      6. 32. Release of information on primary bids

      7. 33. Further deposit for primary bid rounds

    4. CHAPTER 4

      Procedure for supplementary bids round and final principal stage deposit

      1. 34. Notice to be given to bidders before supplementary bids round

      2. 35. Submission of supplementary bids form to OFCOM

      3. 36. Alternative method for submission of supplementary bids form

      4. 37. Extension to supplementary bids round

      5. 38. Incomplete or defective supplementary bids form

      6. 39. Notification that supplementary bid not valid

      7. 40. Final principal stage deposit

    5. CHAPTER 5

      Determination of winning principal stage bids and conclusion of principal stage

      1. 41. Determination of the winning principal stage bids and the winning combination of principal stage bids

      2. 42. Determination of base prices for winning principal stage bids

      3. 43. Notification of results of principal stage and refund of deposits

    6. CHAPTER 6

      Assignment of paired frequency range to a winning bidder for a band where only one winning principal stage bid includes lots in the band

      1. 44. Procedure where there is only one winning principal stage bid for lots in a band and that bid includes all lots in the band

      2. 45. Procedure where there is only one winning principal stage bid for lots in a band and that bid does not include all lots in the band

    7. CHAPTER 7

      Assignment of paired frequency ranges to winning bidders for a band where more than one winning principal stage bid includes lots in the band

      1. 46. Assignment stage round and assignment stage bids

      2. 47. Determination of paired frequency ranges

      3. 48. Assignment stage bid deposit

      4. 49. Valid assignment stage bids

      5. 50. Notice to bidders before the assignment stage round

      6. 51. Submission of assignment stage bid form to OFCOM

      7. 52. Alternative method for submission of assignment stage bid form

      8. 53. Extension to assignment stage round

      9. 54. Incomplete or defective assignment stage bid form

      10. 55. Notification that assignment stage bid is not valid

      11. 56. Procedure where there is no valid assignment stage bid

      12. 57. Determination of the winning assignment stage bids and the winning combination of assignment stage bids

      13. 58. Determination of additional prices for winning assignment stage bids

      14. 59. Notification of results of assignment stage

    8. CHAPTER 8

      Grant stage

      1. 60. Determination of the licence fee

      2. 61. Procedure where amount of winning bidder’s deposit is less than the licence fee

      3. 62. Procedure where amount of winning bidder’s deposit is greater than or equal to the licence fee

      4. 63. Completion of the award process

  6. PART 6

    ACTIVITY RULES

    1. 64. Forfeit of deposit and exclusion from award process

    2. 65. Bids made by an excluded bidder

    3. 66. Events

  7. PART 7

    MISCELLANEOUS

    1. 67. General power of exclusion

    2. 68. Notification to OFCOM

    3. 69. Changes to timing or location

    4. 70. Changes to round times and use of electronic auction system

    5. 71. Rerunning rounds

    6. 72. Refunds

    1. SCHEDULE 1

      MEANING OF BAND, LOT AND PAIRED FREQUENCY RANGE

    2. SCHEDULE 2

      APPLICATION INFORMATION

    3. SCHEDULE 3

      APPLICATION DOCUMENT

    4. SCHEDULE 4

      DOCUMENT FOR MEMBER OF APPLICANT’S BIDDER GROUP WHO IS NOT AN ASSOCIATE

    5. SCHEDULE 5

      PAIRED FREQUENCY RANGE SELECTION MENU WHERE THERE IS ONLY ONE BIDDER

    6. SCHEDULE 6

      ROUND PRICE IN THE FIRST PRIMARY BID ROUND

    7. SCHEDULE 7

      ELIGIBILITY POINTS ASSOCIATED WITH LOTS

    8. SCHEDULE 8

      DETERMINATION OF BASE PRICE

    9. SCHEDULE 9

      DETERMINATION OF ADDITIONAL PRICE

Go to Explanatory Note

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred on OFCOM by section 14(1), (2), (3), (4), (6) and (7) and section 122(7) of the Wireless Telegraphy Act 2006(1) (“the 2006 Act”).

Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the 2006 Act, published notice of their proposal in accordance with section 122(4)(b) of the 2006 Act and have considered the representations made to them before the time specified in that notice in accordance with section 122(4)(c) of the 2006 Act.

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