Regulation 7 Determination of applicants who are qualified to bid

(1)

OFCOM shall determine whether each applicant who has submitted an application in accordance with regulation 4 is qualified to bid in the award process.

(2)

An applicant shall not be qualified to bid in the award process where a member of its bidder group is also a member of another applicant’s bidder group.

(3)

In making their determination under paragraph (1) OFCOM shall take into account whether —

(a)

the grant of a licence to the applicant would be prejudicial to the interests of national security;

(b)

the applicant is a fit and proper person to hold a licence having regard to the probity of —

(i)

the applicant;

(ii)

each member of the applicant’s bidder group; and

(iii)

any director of any member of the applicant’s bidder group;

(c)

any of the information submitted to OFCOM by the applicant in connection with the award process is false or misleading;

(d)

any member of the applicant’s bidder group has colluded, or attempted to collude, or is colluding or attempting to collude, with another person to distort the outcome of the award process;

(e)

any member of the applicant’s bidder group has acted or is acting in a way which is likely to distort the outcome of the award process;

(f)

any member of the applicant’s bidder group, or any person to whom confidential information has been disclosed, has disclosed confidential information, whether directly or indirectly, to any person except where the disclosure —

(i)

was to a member of the applicant’s bidder group;

(ii)

was to OFCOM;

(iii)

was for the purpose of raising finance for the applicant’s application and was to a provider of finance; or

(iv)

was for the purpose of enabling the recipient to decide whether to participate as a member of the applicant’s bidder group;

(g)

any member of the applicant’s bidder group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant;

(h)

any member of that applicant’s bidder group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process; and

(i)

any person who is a director or employee of a member of that applicant’s bidder group and also a director or employee of a member of another bidder group is —

(i)

taking part in the preparation of both bidder groups for participation in the award process; or

(ii)

receiving confidential information relating to both bidder groups.

(4)

Applicants must, by a time notified by OFCOM, provide to OFCOM any information or documentation which OFCOM require to make their determination.

(5)

If an applicant does not provide such information or documentation within the notified time, OFCOM shall also take that fact into account in making their determination.

(6)

Where OFCOM determine that an applicant is not qualified to bid in the award process, that applicant’s initial deposit shall not be forfeited for that reason.