52. OFCOM may, at any time, notify any applicant or bidder of its exclusion from the award process if, in their opinion, the grant of a licence to that applicant or bidder would be prejudicial to the interests of national security or the applicant or bidder is not a fit and proper person to hold a licence.
53. If, in accordance with any provision of these Regulations, an applicant or bidder is required, or wishes, to notify OFCOM of any fact or circumstance, it must do so by notice in writing which is marked for the attention of the OFCOM personnel which are specified by OFCOM for that purpose on OFCOM’s internet website and must deliver that notice to OFCOM —
(a) by electronic mail to an electronic mail address dedicated to the award process which is published by OFCOM on their internet website;
(b) by personal delivery to Riverside House, 2a Southwark Bridge Road, London, SE1A 9HA; or
(c) by fax to a number dedicated to the award process which is published by OFCOM on their internet website.
54.—(1) Subject to regulations 55 and 56, paragraph (2) applies where OFCOM determine that it is impracticable for any reason—
(a) for any document which is to be delivered to OFCOM under these Regulations, to be delivered at the place specified or by the deadline specified under these Regulations; or
(b) for any action which is required to be undertaken in accordance with these Regulations, to be completed by the deadline specified.
(2) Where this paragraph applies, OFCOM shall take all reasonable steps to notify the applicants or bidders (as the case may be) that—
(a) delivery must be made on a different day or within different times on that day or at a different place; or
(b) the action must be completed on a different day or by a different deadline.
55.—(1) Where a time for the start of a round has been notified to bidders and OFCOM determine that it is impracticable for any reason to start the round at that time, OFCOM shall take all reasonable steps to notify bidders of a revised time for the start of the round.
(2) Where a time for the end of a round has been notified to bidders and OFCOM determine that it is impracticable for any reason for the round to end at that time, OFCOM shall take all reasonable steps to notify bidders of a revised time for the end of the round.
(3) Where OFCOM determine that it is impracticable for any reason to use the electronic auction system for any of the purposes specified in Part 5 of these Regulations, OFCOM shall take all reasonable steps to notify bidders of an alternative method of participating in the auction and any requirements relating to the use of passwords and authentication of communications made by means of the alternative method.
(4) Bidders must use the alternative method of participating in the auction for the purposes notified to them under paragraph (3).
56.—(1) Paragraph (2) applies where a round is in progress and OFCOM determine that it is not possible to continue the round because of technical failure (or an event or circumstance with similar effect).
(2) Where this paragraph applies, OFCOM shall—
(a) take all reasonable steps to notify bidders of its determination under paragraph (1);
(b) disregard the bids made in that round; and
(c) resume the award procedure from the end of the previous round of the auction (or, if there was no previous round, from the start of the first primary bid round).
(3) Paragraph (4) applies where OFCOM determine that it is not possible to continue the award process in accordance with the provisions of Part 5 of these Regulations because of technical failure (or an event or circumstance with similar effect).
(4) Where this paragraph applies, OFCOM shall determine whether it is necessary in order to secure a fair and efficient outcome—
(a) to disregard the bids made in one or more rounds; and
(b) to resume the award process from the end of the latest round for which bids are not disregarded under sub-paragraph (a), or, where all bids are to be disregarded under that sub-paragraph, to resume the award process from the start of the first primary bid round.
(5) Where paragraph (4) applies, OFCOM shall take all reasonable steps to notify bidders of its determination under that paragraph.
57. OFCOM may, in such cases as they think fit, refund, in whole or in part, sums which have been paid to them in accordance with any provision of these Regulations.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
12th March 2008
Regulation 4(3)(a)(i)
1. Details of the applicant
Provide the following details for the applicant—
Applicant’s full name
Registered number of company
Registered office of company
Applicant’s contact address (if different to registered office)
Telephone number
Fax number
Electronic mail address
Bank sort code and account number
2. Authorised persons
Provide details of the name and position in the applicant of at least three and no more than five persons, each of whom has authority to bind the applicant for all purposes relating to the award process. Also provide a specimen signature of each of these persons.
3. Directors or members
Provide the name and job title of each of the directors or members of the managing body of the applicant.
4. Bidder group
Provide the names of the applicant’s associates (as defined in the Wireless Telegraphy (Licence Award) Regulations 2008 (“the Regulations”)) and for each provide details of their material interest (as defined in the Regulations) in the applicant.
Provide the names of all other members of the bidder group (as defined in the Regulations) in respect of which the applicant has completed a document in the form set out in Schedule 2 to the Regulations in accordance with regulation 4(3)(a)(ii) of the Regulations.
5. Qualification to bid
In relation to the determination by the Office of Communications (“OFCOM”) under regulation 7 of the Regulations concerning whether or not to qualify the applicant to bid in the award process—
(a) provide details of any reason why the grant of a licence to the applicant may be prejudicial to the interests of national security;
(b) provide details of any reason why the applicant may not be a fit and proper person to hold a licence;
(c) state whether any member of the applicant’s bidder group has colluded, or attempted to collude, or is colluding or attempting to collude, with another person to distort the outcome of the award process and provide a description of any such collusion;
(d) state whether any member of the applicant’s bidder group has acted or is acting in a way which is likely to distort the outcome of the award process and provide a description of any such actions;
(e) state whether any member of the applicant’s bidder group, or any person to whom confidential information has been disclosed, has disclosed confidential information, whether directly or indirectly, to any person, and provide a description of the circumstances of any disclosure and the information disclosed, except where the disclosure—
(i) was to a member of the applicant’s bidder group; or
(ii) was to OFCOM;
(i) was to a member of the applicant’s bidder group; or
(ii) was to OFCOM;
(f) state whether any member of the applicant’s bidder group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant and provide a description of any such circumstances;
(g) state whether any member of the applicant’s bidder group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process and provide a description of the services concerned; and
(h) state whether (and provide a description of any circumstances in which) any person who is a member or a director or employee of a member of the applicant’s bidder group and also a director or employee of a member of another bidder group is—
(i) taking part in the preparation of both bidder groups for participation in the award process; or
(ii) receiving confidential information relating to both bidder groups.
6. Other information
Provide a brief description of the substance of—
(a) agreements (if any) relating to the management of the applicant; and
(b) any criminal investigations or proceedings in the United Kingdom or overseas of which the applicant is aware relating to the applicant or any member of its bidder group or its directors or officers.
7. Warranty
Provide the following warranty as part of you application—
“[Insert name of applicant] (the “applicant”) represents and warrants to the Office of Communications that—
(a) the persons authorised in section 2 of the applicant’s application have read and understood the Wireless Telegraphy (Licence Award) Regulations 2008 (“the Regulations”), the terms of the licence to be granted under the Regulations and the Wireless Telegraphy Act 2006;
(b) the applicant has the legal authority to participate in the award process under the Regulations and to have a licence granted to it, and has in place all necessary consents, permissions and internal approvals for this purpose;
(c) the information provided in, or in support of, the application is, to the best of the knowledge and belief of the applicant, true, accurate and complete in all material respects; and
(d) the applicant is aware of the provisions in regulations 49 and 51 of the Regulations, including the provisions about disclosure of confidential information (as defined in the Regulations) and obtaining confidential information relating to another applicant or bidder and that any such activities may lead to forfeiture of sums on deposit and exclusion from the award process.”