Regulation 29 Licences not awarded

Where OFCOM do not grant a licence to a winning bidder because that winning bidder has failed to make payment in accordance with regulation 27(1), OFCOM shall select the appropriate bidder (among those bidders who made a valid bid for the winning licence option) to which a provisional award notice should next be given in accordance with the order of precedence set out in paragraph (3) and follow the procedures set out in regulations 26 to 28 to give a provisional award notice, receive payment of the licence fee and grant a licence.

Should that bidder fail to make payment, OFCOM shall follow the procedures set out in regulations 26 to 28 to give a provisional award notice, receive payment of the licence fee and grant a licence to the next bidder in the order of precedence until the licence is awarded or the list of bidders (among those bidders who made a valid bid for the winning licence option) is exhausted.

The order of precedence among bidders who made a valid bid for the winning licence option shall be determined by the sums bid by those bidders for the winning licence option such that higher sums shall prevail over lower sums, and, where any two or more bidders bid sums of equal value OFCOM shall employ a method of random selection to determine the precedence among those bidders.