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The Wireless Telegraphy (Licence Award) Regulations 2012

S.I. 2012/2817 · Made 9 November 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2012.

Electronic Communications

Made 9th November 2012

Coming into force 23rd November 2012

The Office of Communications (“OFCOM”) make the following Regulations in exercise of the powers conferred on OFCOM by section 14(1), (2), (3), (4), (6) and (7) and section 122(7) of the Wireless Telegraphy Act 2006f1 (“the 2006 Act”) and as required by article 9 of the Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010f2 (“the 2010 Order”).

Before making these Regulations OFCOM have concluded an assessment of competition as required by article 8 of the 2010 Order.

Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the 2006 Act, published notice of their proposal in accordance with section 122(4)(b) of the 2006 Act and have considered the representations made to them before the time specified in that notice in accordance with section 122(4)(c) of the 2006 Act.

Annotations to the whole text

Footnotes

f1

2006 c.36.

f2

S.I. 2010/3024.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement, and extent
  3. 2Interpretation
  4. Part 2: APPLICATION STAGE
  5. 3Applications for the grant of a licence
  6. 4Application
  7. Part 3: QUALIFICATION STAGE
  8. 5Notification of names of applicants and associates
  9. 6Recording of applicant group members
  10. 7Subsequent changes to bidder groups
  11. 8Changes to existing spectrum holdings before recording
  12. 9Fitness to hold a licence
  13. 10Qualification to participate in the award process
  14. 11Publication of names of qualified applicants
  15. 12Withdrawal of an application
  16. 13Determination of number of bidders
  17. 14Additional deposit before the opt-in round and the first primary bid round
  18. 15Determination of bidder’s eligibility limit for the opt-in round and first primary bid round
  19. 16Recording of spectrum holdings
  20. Part 4: BIDDING PROCEDURE
  21. Chapter 1: Principal stage, assignment stage and grant stage
  22. 17Principal stage, assignment stage and grant stage
  23. Chapter 2: Opt-in round
  24. 18Opt-in round
  25. 19Opt-in selections
  26. 20Opt-in bids
  27. 21Valid opt-in bids
  28. Chapter 3: Permissible bid selections
  29. 22Permissible bid selections
  30. 23Preparing a permissible bid selection list for each bidder
  31. 24The spectrum cap rule
  32. Chapter 4: The primary bid rounds
  33. 25Primary bids
  34. 26Valid primary bids
  35. 27Requirement for a valid primary bid in the first primary bid round
  36. 28Number of primary bid rounds
  37. 29Determination of excess demand
  38. 30Determination of adjusted demand
  39. 31Identifying the key bid
  40. 32Round prices for the first primary bid round
  41. 33Determination of round prices for subsequent primary bid rounds
  42. 34Round price for 800 MHz paired frequency lots
  43. 35Round price for 2.6 GHz paired frequency lots
  44. 36Round price for 2.6 GHz individual frequency lots
  45. 37Round price for the 800 MHz coverage obligation lot
  46. 38Round price for 2.6 GHz concurrent low power 10 MHz lots
  47. 39Round price for 2.6 GHz concurrent low power 20 MHz lots
  48. 40Bidders’ eligibility limit for second and subsequent primary bid rounds
  49. 41Determination of bidders’ eligibility limit for second and subsequent primary bid rounds
  50. Chapter 5: The supplementary bids round
  51. 42Supplementary bid selection
  52. 43Supplementary bids
  53. 44Valid supplementary bids
  54. Chapter 6: Procedure for opt-in round
  55. 45Notice to be given to bidders before the opt-in round
  56. 46Submission of opt-in bid form to OFCOM
  57. 47Alternative method for submission of opt-in bid form
  58. 48Extension to opt-in round
  59. 49Incomplete or defective opt-in bid form
  60. 50Notification that opt-in bid not valid
  61. 51Release of information on opt-in bidders in principal stage
  62. Chapter 7: Procedure and further deposit for primary bid rounds
  63. 52Notice to be given to bidders before primary bid rounds
  64. 53Extension to primary bid rounds
  65. 54Submission of primary bid form to OFCOM
  66. 55Alternative method for submission of primary bid form
  67. 56Incomplete or defective primary bid form
  68. 57Notification that primary bid not valid
  69. 58Release of information on primary bids in principal stage
  70. 59Further deposit during primary bid rounds
  71. Chapter 8: Procedure and further deposit for supplementary bids round
  72. 60Notice to be given to bidders before supplementary bids round
  73. 61Submission of supplementary bids form to OFCOM
  74. 62Alternative method for submission of supplementary bids form
  75. 63Extension to supplementary bids round
  76. 64Incomplete or defective supplementary bids form
  77. 65Notification that supplementary bid not valid
  78. 66Further deposit for supplementary bids round
  79. Chapter 9: Determination of the winning principal stage bids and conclusion of principal stage
  80. 67Determination of the winning principal stage bids
  81. 68Determination of base price for each winning principal stage bid
  82. 69Notification of results of principal stage and refund of deposits
  83. 70Final principal stage deposit
  84. 71Publication of results of principal stage
  85. Chapter 10: Assignment stage: preliminary
  86. 72Assignment stage
  87. Chapter 11: Assignment stage: pre-determined frequency assignments
  88. 73Assignment of frequencies in respect of the 800 MHz coverage obligation lot
  89. 74Assignment of numbered 800 MHz paired frequency lots to winner of the 800 MHz coverage obligation lot
  90. 75Assignment of numbered 800 MHz paired frequency lots in the case where 800 MHz paired frequency lots were included in only one winning principal stage bid
  91. 76Assignment of numbered 800 MHz paired frequency lots in the case where 800 MHz paired frequency lots were included in two winning principal stage bids, one of which also included the 800 MHz coverage obligation lot
  92. 77Assignment of numbered 2.6 GHz paired frequency lots in the case where 2.6 GHz paired frequency lots were included in only one winning principal stage bid
  93. 78Assignment of 2.6 GHz concurrent low power 10 MHz lots in the case where 2.6 GHz paired frequency lots were included in only one winning principal stage bid
  94. 79Assignment of 2.6 GHz concurrent low power 20 MHz lots in the case where 2.6 GHz paired frequency lots were included in only one winning principal stage bid
  95. 80Assignment of numbered 2.6 GHz paired frequency lots and 2.6 GHz concurrent low power 10 MHz lots in the first special case
  96. 81Assignment of numbered 2.6 GHz paired frequency lots and 2.6 GHz concurrent low power 10 MHz lots in the second special case
  97. 82Assignment of 2.6 GHz paired frequency lots, 2.6 GHz concurrent low power 10 MHz lots and 2.6 GHz concurrent low power 20 MHz lots in the third special case
  98. 83Assignment of 2.6 GHz paired frequency lots, 2.6 GHz concurrent low power 10 MHz lots and 2.6 GHz concurrent low power 20 MHz lots in the fourth special case
  99. 84Assignment of 2.6 GHz concurrent low power 10 MHz lots in the case where 2.6 GHz paired frequency lots were included in more than one winning principal stage bid
  100. 85Assignment of 2.6 GHz concurrent low power 10 MHz lots and 2.6 GHz concurrent low power 20 MHz lots in the case where 2.6 GHz paired frequency lots were included in more than one winning principal stage bid
  101. 86Assignment of 2.6 GHz concurrent low power lots in the case where 2.6 GHz paired frequency lots were not included in any winning principal stage bid
  102. 87Assignment of 2.6 GHz individual frequency lots in the case where 2.6 GHz individual frequency lots were included in only one winning principal stage bid
  103. Chapter 12: Assignment stage: frequency assignments determined by bidding
  104. 88Assignment stage round and assignment stage bids
  105. 89Preparing an assignment stage option list for each bidder
  106. 90Assignment stage options for 800 MHz paired frequency lots
  107. 91Assignment stage options for 2.6 GHz paired frequency lots
  108. 92Assignment stage options for 2.6 GHz individual frequency lots
  109. Chapter 13: Assignment stage: procedure for assignment stage round
  110. 93Assignment stage bids
  111. 94Assignment stage bid deposit
  112. 95Valid assignment stage bids
  113. 96Notice to bidders before the assignment stage round
  114. 97Submission of assignment stage bid form to OFCOM
  115. 98Alternative method for submission of assignment stage bid form
  116. 99Extension to assignment stage round
  117. 100Incomplete or defective assignment stage bid form
  118. 101Notification that assignment stage bid is not valid
  119. 102Procedure where there is no valid assignment stage bid
  120. Chapter 14: Assignment stage: determination of winning assignment stage bids and additional prices
  121. 103Determination of the winning assignment stage bids for numbered 800 MHz paired frequency lots
  122. 104Determination of the winning assignment stage bids for numbered 2.6 GHz paired frequency lots
  123. 105Determination of the winning assignment stage bids for numbered 2.6 GHz individual frequency lots
  124. 106Determination of additional prices for winning assignment stage bids
  125. 107Notification of results of assignment stage
  126. Chapter 15: Grant Stage
  127. 108Determination of the licence fee
  128. 109Procedure where the amount of a winning bidder’s deposit is less than the licence fee
  129. 110Procedure where the amount of a winning bidder’s deposit is greater than or equal to the licence fee
  130. 111Completion of the award process
  131. Part 5: ACTIVITY RULES
  132. 112Forfeit of deposit and exclusion from award process
  133. 113Bids made by an excluded bidder
  134. 114Events
  135. Part 6: MISCELLANEOUS
  136. 115General power of exclusion
  137. 116Notification to OFCOM
  138. 117Changes to timing or location
  139. 118Changes to round times and use of electronic auction system
  140. 119Rerunning rounds
  141. 120Refunds
  142. 121Deposits
  143. Signature
  144. Schedule 1FREQUENCY LOTS
  145. Schedule 2OPT-IN SELECTIONS AND PRICES
  146. Schedule 3FREQUENCY BANDS FOR EXISTING SPECTRUM HOLDINGS AND SPECTRUM CAP RULE
  147. Schedule 4: APPLICATION FORM AND WARRANTY
  148. 1Details of the applicant
  149. 2Authorised persons
  150. 3Directors or members of managing body
  151. 4Applicant group
  152. 5Qualification to bid
  153. 6Other information
  154. 7Existing spectrum holdings
  155. 8Warranty
  156. Schedule 5DOCUMENT FOR MEMBER OF APPLICANT’S APPLICANT GROUP OR BIDDER GROUP WHO IS NOT AN ASSOCIATE
  157. 1Applicant/bidder
  158. 2[Insert name of person to be included in applicant or bidder group who is not an associate]
  159. Schedule 6ELIGIBILITY POINTS ASSOCIATED WITH LOTS
  160. Schedule 7: DETERMINATION OF BASE PRICE
  161. Base price
  162. 1Paragraph 1
  163. First requirement
  164. 2Paragraph 2
  165. Second requirement
  166. 3Paragraph 3
  167. Third requirement
  168. 4Paragraph 4
  169. Fourth requirement
  170. 5Paragraph 5
  171. Interpretation
  172. 6Paragraph 6
  173. Schedule 8: DETERMINATION OF ADDITIONAL PRICE: NUMBERED800MHzPAIRED FREQUENCYLOTS
  174. Additional price
  175. 1Paragraph 1
  176. First requirement
  177. 2Paragraph 2
  178. Second requirement
  179. 3Paragraph 3
  180. Third requirement
  181. 4Paragraph 4
  182. Fourth requirement
  183. 5Paragraph 5
  184. Interpretation
  185. 6Paragraph 6
  186. Schedule 9: DETERMINATION OF ADDITIONAL PRICE: NUMBERED2.6GHzPAIREDFREQUENCYLOTS
  187. Additional price
  188. 1Paragraph 1
  189. First requirement
  190. 2Paragraph 2
  191. Second requirement
  192. 3Paragraph 3
  193. Third requirement
  194. 4Paragraph 4
  195. Fourth requirement
  196. 5Paragraph 5
  197. Interpretation
  198. 6Paragraph 6
  199. Schedule 10: DETERMINATION OF ADDITIONAL PRICE: NUMBERED2.6GHzINDIVIDUALFREQUENCYLOTS
  200. Additional price
  201. 1Paragraph 1
  202. First requirement
  203. 2Paragraph 2
  204. Second requirement
  205. 3Paragraph 3
  206. Third requirement
  207. 4Paragraph 4
  208. Fourth requirement
  209. 5Paragraph 5
  210. Interpretation
  211. 6Paragraph 6
  212. Explanatory note