Office of Public Sector Information
1.—(1) These Regulations may be cited as the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007 and shall come into force on 21st December 2007.
(2) These Regulations shall not extend to the Channel Islands or to the Isle of Man.
2.—(1) In these Regulations—
“additional price” has the meaning given in regulation 58;
“applicant” means a body corporate making an application for a licence;
“assignment stage” has the meaning given in regulation 14(1);
“assignment stage bid” has the meaning given in regulation 46(4);
“assignment stage bid form” has the meaning given in regulation 46(8);
“assignment stage round” has the meaning given in regulation 46(2);
“associate” means, in relation to an applicant or bidder, a person who has a material interest in that applicant or bidder;
“authorised person” means a person specified by an applicant in its application as authorised to bind that applicant for all purposes relating to the award process;
“available total” has the meaning given in regulation 14(4);
“base price” has the meaning given in regulation 42;
“bid total” has the meaning given in regulation 18(1);
“bidder” means an applicant which has qualified to bid in the award process and which has not withdrawn from the award process on or before the last day for withdrawal;
“bidder group” means, in relation to an applicant or bidder—
that applicant or bidder;
each associate of that applicant or bidder; and
each person in respect of whom the applicant or bidder has delivered to OFCOM a completed document in the form set out in Schedule 4;
“confidential information” means, in relation to any applicant or bidder, any information which is not in the public domain and which if it were made public, or disclosed to another applicant (or potential applicant) or bidder or a member of their respective bidder groups, would be likely to affect decisions that such other applicant (or potential applicant) or bidder may make in relation to the award process;
“deadline”, in relation to any requirement imposed on any person by or under these Regulations, means (as the case may require)—
the time,
the date, or
the date, and the time on that date,
by which that requirement must be fulfilled by that person;
“electronic auction system” means the system established by OFCOM for bidders to participate in the award process;
“end of round time” has the meaning given in regulation 27(2);
“grant stage” has the meaning given in regulation 14(1);
“initial deposit” shall be construed in accordance with regulation 4(3)(b);
“last day for withdrawal” has the meaning given in regulation 9(1);
“licence” means a wireless telegraphy licence to be granted pursuant to these Regulations to establish or use a wireless telegraphy station or instal or use wireless telegraphy apparatus in the United Kingdom at frequencies to be determined in accordance with the procedure set out in Part 4 or Part 5 of these Regulations;
“material interest” means, whether held directly or indirectly—
any interest (construed in accordance with sections 820 to 825 of the Companies Act 2006(2)) in—
any share which carries, or any shares which together carry, more than twenty five per cent. of the votes entitled to be cast at a general meeting of the applicant or bidder; or
any share or shares in the case of which the consent of the holder of that share or those shares is required for the conduct of any business of the applicant or bidder; or
the right to appoint or remove a majority of the applicant’s or bidder’s board of directors;
“OFCOM’s bank account” means the bank account nominated by OFCOM for the purposes of the award process, details of which are published on their internet website;
“paired frequency range selection form” has the meaning given in regulation 45(3);
“paired frequency range selection menu” shall be construed in accordance with regulation 11(1);
“pounds” means pounds sterling;
“primary bid” has the meaning given in regulation 15(1);
“primary bid form” has the meaning given in regulation 15(3);
“primary bid rounds” has the meaning given in regulation 14(2);
“principal stage” has the meaning given in regulation 14(1);
“principal stage bid” means a primary bid or a supplementary bid;
“round” means a period of time specified by OFCOM during which bidders may make bids in accordance with the procedure set out in Part 5 of these Regulations;
“round price” has the meaning given in regulation 15(2);
“selection of lots” means a specified number of lots in one or more bands;
“supplementary bid” has the meaning given in regulation17(1);
“supplementary bids form” has the meaning given in regulation 17(3);
“supplementary bids round” has the meaning given in regulation 14(2);
“valid assignment stage bid” has the meaning given in regulation 49(1);
“valid primary bid” has the meaning given in regulation 24(1);
“valid principal stage bid” means a valid primary bid or a valid supplementary bid;
“valid supplementary bid” has the meaning given in regulation 25(1);
“winning assignment stage bid” shall be construed in accordance with regulation 57;
“winning bidder” means a bidder that submitted a winning principal stage bid; and
“winning principal stage bid” shall be construed in accordance with regulation 41.
(2) A reference in these Regulations to a “band”, “lot” or “paired frequency range” shall be construed in accordance with Schedule 1.
The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007