# The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007, Regulation 61: Procedure where amount of winning bidder’s deposit is less than the licence fee


(1) Where, after completion of the assignment stage, the amount of a winning bidder’s deposit (including the initial deposit and any sum paid as a deposit under regulation 23, 33, 40 or 48, but not including any sum forfeited under regulation 64) is an amount that is less than the amount of the winning bidder’s licence fee calculated in accordance with regulation 60—
(a) OFCOM shall notify the bidder of a deadline by when the bidder must comply with sub-paragraph (b);
(b) the bidder must by that deadline pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder, a sum in pounds calculated in accordance with paragraph (2).
(2) The sum which the bidder must pay to OFCOM shall be the difference between the amount of the winning bidder’s licence fee calculated in accordance with regulation 60 and the amount of the bidder’s deposit (including the initial deposit and any sum paid as a deposit under regulation 23, 33, 40 or 48, but not including any sum forfeited under regulation 64).
(3) Where a bidder has satisfied the requirement set out in paragraph (1)(b), OFCOM shall grant the bidder a licence for—
(a) the paired frequency range or ranges (as the case may be) that are to be assigned to the bidder in accordance with Chapter 6 of this Part; and
(b) the paired frequency range or ranges (as the case may be) for which the bidder submitted a winning assignment stage bid or winning assignment stage bids under Chapter 7 of this Part.
(4) Where a bidder does not satisfy the requirement set out in paragraph (1)(b), the bidder shall not be entitled to the grant of a licence under these Regulations and shall not receive a refund of its initial deposit or any sum paid as a deposit under regulation 23, 33, 40 or 48, which shall (where not already forfeited under regulation 64) be forfeited.

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Source: https://www.legislation.gov.uk/uksi/2007/3380/regulation/61 (the official version)
Page: https://openlegislation.uk/wireless-telegraphy-licence-award-no-2-regulations-2007/regulation-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.