Regulation 4 Notice

(1)

Applications for the grant of the licences shall only be made in accordance with a procedure which is set out in a notice issued by the Secretary of State under these Regulations.

(2)

A notice issued pursuant to paragraph (1) above shall—

(a)

invite any body corporate to make an application to the Secretary of State to bid for a licence, in accordance with a specified procedure;

(b)

specify criteria by which the Secretary of State shall determine whether an applicant is qualified to participate in a bidding procedure;

(c)

specify criteria to determine whether a qualified applicant is associated with one or more other qualified applicants or with any person holding a wireless telegraphy licence awarded pursuant to the procedure provided for in the Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations 2000^f1;

(d)

specify criteria to determine whether any qualified applicants who fall within sub-paragraph (c) above shall be entitled to participate in the procedure referred to in sub-paragraph (e) below;

(e)

specify a procedure by which qualified applicants may submit bids for licences;

(f)

specify reserve prices for each of the licences;

(g)

provide for the Secretary of State to determine minimum bids for each of the licences during the bidding procedure referred to in sub-paragraph (e) above;

(h)

provide for payment of a deposit on submission of an application;

(i)

provide for the payment of interest on the deposit;

(j)

provide for the circumstances in which all, or part, of any deposit, and all, or part, of any interest which accrues to a deposit, is not to be refunded;

(k)

specify the conditions which must be satisfied before a licence may be issued to a qualified applicant who submits the highest valid bid for a licence;

(l)

provide for a qualified applicant who submits the highest valid bid for a licence to elect whether he wishes to pay such sum—

(i)

as a single cash sum on issue of the licence; or

(ii)

as one half of such sum on issue of the licence with the balance payable as periodic sums calculated in accordance with a specified formula;

(m)

specify a guarantee which a qualified applicant who elects to pay the licence fee other than as a single cash sum is to provide to the Secretary of State on issue of the licence;

(n)

provide for the other terms, provisions and limitations subject to which each of the licences is to be issued; and

(o)

provide for the other conditions with which qualified applicants must comply to participate, or continue to participate, in the procedures referred to in sub-paragraph (e) above.

(3)

A notice which is issued pursuant to paragraph (1) above shall be published by the Secretary of State on the Radiocommunications Agency’s Internet Website.

Annotations

Footnotes

f1: S.I. 2000/2039.