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

S.I. 2007/3380 · Made 30 November 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

electronic communications

Made 30th November 2007

Coming into force 21st December 2007

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 2006f1 (“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.

Annotations to the whole text

Footnotes

f1

2006 c.36.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: APPLICATION STAGE
  5. 3Applications for the grant of a licence
  6. 4Application
  7. Part 3: QUALIFICATION STAGE
  8. 5Assessment of bidder groups
  9. 6Subsequent changes to bidder groups
  10. 7Determination of applicants which are qualified to bid
  11. 8Publication of determination
  12. 9Withdrawal of an application
  13. 10Determination of number of bidders
  14. Part 4: PROCEDURE WHERE THERE IS ONLY ONE BIDDER
  15. 11Paired frequency range selection menu
  16. 12Grant of licence
  17. 13Completion of the award process
  18. Part 5: PROCEDURE WHERE THERE IS MORE THAN ONE BIDDER
  19. Chapter 1: Principal stage, assignment stage and grant stage
  20. 14The three stages
  21. Chapter 2: Primary bids and supplementary bids
  22. 15Primary bids
  23. 16Requirement for a valid primary bid in the first primary bid round
  24. 17Supplementary bids
  25. 18Number of primary bid rounds
  26. 19Determination of round prices for primary bid rounds
  27. 20Bidder’s eligibility limit for primary bid rounds
  28. 21Determination of bidder’s eligibility limit for the first primary bid round
  29. 22Determination of bidder’s eligibility limit for subsequent primary bid rounds
  30. 23Additional deposit before the first primary bid round
  31. 24Valid primary bids
  32. 25Valid supplementary bids
  33. 26Restrictions on amount of supplementary bid
  34. Chapter 3: Procedure for primary bid rounds
  35. 27Notice to be given to bidders before primary bid rounds and extensions to rounds
  36. 28Submission of primary bid form to OFCOM
  37. 29Alternative method for submission of primary bid form
  38. 30Incomplete or defective primary bid form
  39. 31Notification that primary bid not valid
  40. 32Release of information on primary bids
  41. 33Further deposit for primary bid rounds
  42. Chapter 4: Procedure for supplementary bids round and final principal stage deposit
  43. 34Notice to be given to bidders before supplementary bids round
  44. 35Submission of supplementary bids form to OFCOM
  45. 36Alternative method for submission of supplementary bids form
  46. 37Extension to supplementary bids round
  47. 38Incomplete or defective supplementary bids form
  48. 39Notification that supplementary bid not valid
  49. 40Final principal stage deposit
  50. Chapter 5: Determination of winning principal stage bids and conclusion of principal stage
  51. 41Determination of the winning principal stage bids and the winning combination of principal stage bids
  52. 42Determination of base prices for winning principal stage bids
  53. 43Notification of results of principal stage and refund of deposits
  54. 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
  55. 44Procedure where there is only one winning principal stage bid for lots in a band and that bid includes all lots in the band
  56. 45Procedure 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
  57. 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
  58. 46Assignment stage round and assignment stage bids
  59. 47Determination of paired frequency ranges
  60. 48Assignment stage bid deposit
  61. 49Valid assignment stage bids
  62. 50Notice to bidders before the assignment stage round
  63. 51Submission of assignment stage bid form to OFCOM
  64. 52Alternative method for submission of assignment stage bid form
  65. 53Extension to assignment stage round
  66. 54Incomplete or defective assignment stage bid form
  67. 55Notification that assignment stage bid is not valid
  68. 56Procedure where there is no valid assignment stage bid
  69. 57Determination of the winning assignment stage bids and the winning combination of assignment stage bids
  70. 58Determination of additional prices for winning assignment stage bids
  71. 59Notification of results of assignment stage
  72. Chapter 8: Grant stage
  73. 60Determination of the licence fee
  74. 61Procedure where amount of winning bidder’s deposit is less than the licence fee
  75. 62Procedure where amount of winning bidder’s deposit is greater than or equal to the licence fee
  76. 63Completion of the award process
  77. Part 6: ACTIVITY RULES
  78. 64Forfeit of deposit and exclusion from award process
  79. 65Bids made by an excluded bidder
  80. 66Events
  81. Part 7: MISCELLANEOUS
  82. 67General power of exclusion
  83. 68Notification to OFCOM
  84. 69Changes to timing or location
  85. 70Changes to round times and use of electronic auction system
  86. 71Rerunning rounds
  87. 72Refunds
  88. Signature
  89. Schedule 1MEANING OF BAND, LOT AND PAIRED FREQUENCY RANGE
  90. Schedule 2APPLICATION INFORMATION
  91. Schedule 3APPLICATION DOCUMENT
  92. Schedule 4DOCUMENT FOR MEMBER OF APPLICANT’S BIDDER GROUP WHO IS NOT AN ASSOCIATE
  93. Schedule 5PAIRED FREQUENCY RANGE SELECTION MENU WHERE THERE IS ONLY ONE BIDDER
  94. Schedule 6ROUND PRICE IN THE FIRST PRIMARY BID ROUND
  95. Schedule 7ELIGIBILITY POINTS ASSOCIATED WITH LOTS
  96. Schedule 8: DETERMINATION OF BASE PRICE
  97. Base price
  98. 1Paragraph 1
  99. First requirement
  100. 2Paragraph 2
  101. Second requirement
  102. 3Paragraph 3
  103. Third requirement
  104. 4Paragraph 4
  105. Fourth requirement
  106. 5Paragraph 5
  107. Interpretation
  108. 6Paragraph 6
  109. Schedule 9: DETERMINATION OF ADDITIONAL PRICE
  110. Additional price
  111. 1Paragraph 1
  112. First requirement
  113. 2Paragraph 2
  114. Second requirement
  115. 3Paragraph 3
  116. Third requirement
  117. 4Paragraph 4
  118. Fourth requirement
  119. 5Paragraph 5
  120. Interpretation
  121. 6Paragraph 6
  122. Explanatory note