Regulation 7 Determination of applicants which are qualified to bid

(1)

OFCOM shall determine whether each applicant which 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 if 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)

each director of each 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, or is disclosing or attempting to disclose or has incited or is inciting another person to disclose, any confidential information, whether directly or indirectly, to any person, except where the disclosure is—

(i)

to OFCOM;

(ii)

to a member of the applicant’s bidder group;

(iii)

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

(iv)

to a person for the purpose of enabling that person 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 the 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 member or a director or employee of a member of the applicant’s bidder group and is 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, if requested to do so by OFCOM, provide by a deadline specified by OFCOM any information or documentation which OFCOM reasonably require to make their determination.

(5)

If an applicant does not provide such information or documentation by the deadline specified by OFCOM, 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.