# The Wireless Telegraphy (Licence Award) Regulations 2006, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations set out the procedure that will apply to the grant of wireless telegraphy licences at the frequency bands 1781.7 megahertz to 1785.0 megahertz and 1876.7 megahertz to 1880.0 megahertz.
To apply a body corporate must deliver the documents required by regulation 4(3) to the Office of Communications (“OFCOM”) on a day specified on their internet website. Information is required about applicants' bidder groups (which is a term defined in regulation 2(f)). An initial deposit of twenty five thousand pounds must also be paid to OFCOM (regulation 4(3)(b)).
Regulation 5 provides for a procedure under which overlaps between applicants' bidder groups can be drawn to the attention of the applicants and time is to be allowed for applicants to notify OFCOM of any changes to bidder groups which have the effect that such overlaps are removed. An applicant will not be qualified to bid where a member of its bidder group is also a member of another bidder group (regulation 7(2).
OFCOM will determine which applicants are qualified to bid in the auction, taking into account the matters set out in regulation 7(3). Under regulation 8, OFCOM will notify applicants of the last day when they may withdraw their application without forfeiture of the initial deposit.
OFCOM will follow the procedure in Part 4 of these Regulations (where the number of bidders are seven or fewer) or the procedure in Part 5 (where the number of bidders is more than seven) (regulation 10).
Under Part 4, where the number of bidders is seven or fewer, OFCOM will provisionally award a licence with a fee of fifty thousand pounds to each bidder and require a sum to be paid which takes into account the amount on deposit (regulation 11). If a bidder does not pay the sum required by the required time, that bidder will not be granted a licence and will forfeit sums on deposit held by OFCOM (regulation 12). If the sum is paid on time, a licence is to be granted (regulation 13).
Under Part 5, where the number of bidders is more than seven, OFCOM will give each bidder a notice, setting out the delivery period within which the completed bid documentation must be provided to OFCOM (regulation 15). The bid documentation must be completed in accordance with regulations 16 and 17 and sealed bids submitted in accordance with regulation 18. Bidders must also pay to OFCOM a further deposit (regulation 19).
Under Part 5, OFCOM shall determine the winning bids by following the procedure set out in regulations 24 and 25. Winning bidders will be given provisional award notices setting out the licence fee payable by that bidder, a sum to be paid which takes into account the amount on deposit and the time by which the sum must be paid (regulation 26). If a winning bidder does not pay the sum by the required time that bidder will not be granted a licence and will forfeit any deposit held by OFCOM (regulation 27). If the sum is paid on time a licence is to be granted (regulation 28). Licences not granted due to a failure by a winning bidder to make payment under regulation 27 may be offered to other bidders in accordance with the procedure set out in regulation 29.
If in relation to an applicant which is qualified to bid or a bidder OFCOM are satisfied that certain events are occurring or have occurred and the occurrence would materially affect the outcome of the award process the applicant or bidder concerned will forfeit sums on deposit and may be excluded from the award process (regulation 31).
A full regulatory impact assessment of the effect these Regulations will have on the cost to business has been prepared and is available to the public from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA, telephone 020 7981 3000 or on the OFCOM internet website at http://www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.

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Source: https://www.legislation.gov.uk/uksi/2006/338/note (the official version)
Page: https://openlegislation.uk/wireless-telegraphy-licence-award-regulations-2006/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.