The Wireless Telegraphy (Licence Award) Regulations 2012
S.I. 2012/2817 · Made 9 November 2012 · Extends to United Kingdom
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
- f2
Contents
- Part 1: INTRODUCTORY
- 1Citation, commencement, and extent
- 2Interpretation
- Part 2: APPLICATION STAGE
- 3Applications for the grant of a licence
- 4Application
- Part 3: QUALIFICATION STAGE
- 5Notification of names of applicants and associates
- 6Recording of applicant group members
- 7Subsequent changes to bidder groups
- 8Changes to existing spectrum holdings before recording
- 9Fitness to hold a licence
- 10Qualification to participate in the award process
- 11Publication of names of qualified applicants
- 12Withdrawal of an application
- 13Determination of number of bidders
- 14Additional deposit before the opt-in round and the first primary bid round
- 15Determination of bidder’s eligibility limit for the opt-in round and first primary bid round
- 16Recording of spectrum holdings
- Part 4: BIDDING PROCEDURE
- Chapter 1: Principal stage, assignment stage and grant stage
- 17Principal stage, assignment stage and grant stage
- Chapter 2: Opt-in round
- 18Opt-in round
- 19Opt-in selections
- 20Opt-in bids
- 21Valid opt-in bids
- Chapter 3: Permissible bid selections
- 22Permissible bid selections
- 23Preparing a permissible bid selection list for each bidder
- 24The spectrum cap rule
- Chapter 4: The primary bid rounds
- 25Primary bids
- 26Valid primary bids
- 27Requirement for a valid primary bid in the first primary bid round
- 28Number of primary bid rounds
- 29Determination of excess demand
- 30Determination of adjusted demand
- 31Identifying the key bid
- 32Round prices for the first primary bid round
- 33Determination of round prices for subsequent primary bid rounds
- 34Round price for 800 MHz paired frequency lots
- 35Round price for 2.6 GHz paired frequency lots
- 36Round price for 2.6 GHz individual frequency lots
- 37Round price for the 800 MHz coverage obligation lot
- 38Round price for 2.6 GHz concurrent low power 10 MHz lots
- 39Round price for 2.6 GHz concurrent low power 20 MHz lots
- 40Bidders’ eligibility limit for second and subsequent primary bid rounds
- 41Determination of bidders’ eligibility limit for second and subsequent primary bid rounds
- Chapter 5: The supplementary bids round
- 42Supplementary bid selection
- 43Supplementary bids
- 44Valid supplementary bids
- Chapter 6: Procedure for opt-in round
- 45Notice to be given to bidders before the opt-in round
- 46Submission of opt-in bid form to OFCOM
- 47Alternative method for submission of opt-in bid form
- 48Extension to opt-in round
- 49Incomplete or defective opt-in bid form
- 50Notification that opt-in bid not valid
- 51Release of information on opt-in bidders in principal stage
- Chapter 7: Procedure and further deposit for primary bid rounds
- 52Notice to be given to bidders before primary bid rounds
- 53Extension to primary bid rounds
- 54Submission of primary bid form to OFCOM
- 55Alternative method for submission of primary bid form
- 56Incomplete or defective primary bid form
- 57Notification that primary bid not valid
- 58Release of information on primary bids in principal stage
- 59Further deposit during primary bid rounds
- Chapter 8: Procedure and further deposit for supplementary bids round
- 60Notice to be given to bidders before supplementary bids round
- 61Submission of supplementary bids form to OFCOM
- 62Alternative method for submission of supplementary bids form
- 63Extension to supplementary bids round
- 64Incomplete or defective supplementary bids form
- 65Notification that supplementary bid not valid
- 66Further deposit for supplementary bids round
- Chapter 9: Determination of the winning principal stage bids and conclusion of principal stage
- 67Determination of the winning principal stage bids
- 68Determination of base price for each winning principal stage bid
- 69Notification of results of principal stage and refund of deposits
- 70Final principal stage deposit
- 71Publication of results of principal stage
- Chapter 10: Assignment stage: preliminary
- 72Assignment stage
- Chapter 11: Assignment stage: pre-determined frequency assignments
- 73Assignment of frequencies in respect of the 800 MHz coverage obligation lot
- 74Assignment of numbered 800 MHz paired frequency lots to winner of the 800 MHz coverage obligation lot
- 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
- 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
- 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
- 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
- 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
- 80Assignment of numbered 2.6 GHz paired frequency lots and 2.6 GHz concurrent low power 10 MHz lots in the first special case
- 81Assignment of numbered 2.6 GHz paired frequency lots and 2.6 GHz concurrent low power 10 MHz lots in the second special case
- 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
- 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
- 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
- 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
- 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
- 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
- Chapter 12: Assignment stage: frequency assignments determined by bidding
- 88Assignment stage round and assignment stage bids
- 89Preparing an assignment stage option list for each bidder
- 90Assignment stage options for 800 MHz paired frequency lots
- 91Assignment stage options for 2.6 GHz paired frequency lots
- 92Assignment stage options for 2.6 GHz individual frequency lots
- Chapter 13: Assignment stage: procedure for assignment stage round
- 93Assignment stage bids
- 94Assignment stage bid deposit
- 95Valid assignment stage bids
- 96Notice to bidders before the assignment stage round
- 97Submission of assignment stage bid form to OFCOM
- 98Alternative method for submission of assignment stage bid form
- 99Extension to assignment stage round
- 100Incomplete or defective assignment stage bid form
- 101Notification that assignment stage bid is not valid
- 102Procedure where there is no valid assignment stage bid
- Chapter 14: Assignment stage: determination of winning assignment stage bids and additional prices
- 103Determination of the winning assignment stage bids for numbered 800 MHz paired frequency lots
- 104Determination of the winning assignment stage bids for numbered 2.6 GHz paired frequency lots
- 105Determination of the winning assignment stage bids for numbered 2.6 GHz individual frequency lots
- 106Determination of additional prices for winning assignment stage bids
- 107Notification of results of assignment stage
- Chapter 15: Grant Stage
- 108Determination of the licence fee
- 109Procedure where the amount of a winning bidder’s deposit is less than the licence fee
- 110Procedure where the amount of a winning bidder’s deposit is greater than or equal to the licence fee
- 111Completion of the award process
- Part 5: ACTIVITY RULES
- 112Forfeit of deposit and exclusion from award process
- 113Bids made by an excluded bidder
- 114Events
- Part 6: MISCELLANEOUS
- 115General power of exclusion
- 116Notification to OFCOM
- 117Changes to timing or location
- 118Changes to round times and use of electronic auction system
- 119Rerunning rounds
- 120Refunds
- 121Deposits
- Signature
- Schedule 1FREQUENCY LOTS
- Schedule 2OPT-IN SELECTIONS AND PRICES
- Schedule 3FREQUENCY BANDS FOR EXISTING SPECTRUM HOLDINGS AND SPECTRUM CAP RULE
- Schedule 4: APPLICATION FORM AND WARRANTY
- 1Details of the applicant
- 2Authorised persons
- 3Directors or members of managing body
- 4Applicant group
- 5Qualification to bid
- 6Other information
- 7Existing spectrum holdings
- 8Warranty
- Schedule 5DOCUMENT FOR MEMBER OF APPLICANT’S APPLICANT GROUP OR BIDDER GROUP WHO IS NOT AN ASSOCIATE
- 1Applicant/bidder
- 2[Insert name of person to be included in applicant or bidder group who is not an associate]
- Schedule 6ELIGIBILITY POINTS ASSOCIATED WITH LOTS
- Schedule 7: DETERMINATION OF BASE PRICE
- Base price
- 1Paragraph 1
- First requirement
- 2Paragraph 2
- Second requirement
- 3Paragraph 3
- Third requirement
- 4Paragraph 4
- Fourth requirement
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Schedule 8: DETERMINATION OF ADDITIONAL PRICE: NUMBERED800MHzPAIRED FREQUENCYLOTS
- Additional price
- 1Paragraph 1
- First requirement
- 2Paragraph 2
- Second requirement
- 3Paragraph 3
- Third requirement
- 4Paragraph 4
- Fourth requirement
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Schedule 9: DETERMINATION OF ADDITIONAL PRICE: NUMBERED2.6GHzPAIREDFREQUENCYLOTS
- Additional price
- 1Paragraph 1
- First requirement
- 2Paragraph 2
- Second requirement
- 3Paragraph 3
- Third requirement
- 4Paragraph 4
- Fourth requirement
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Schedule 10: DETERMINATION OF ADDITIONAL PRICE: NUMBERED2.6GHzINDIVIDUALFREQUENCYLOTS
- Additional price
- 1Paragraph 1
- First requirement
- 2Paragraph 2
- Second requirement
- 3Paragraph 3
- Third requirement
- 4Paragraph 4
- Fourth requirement
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Explanatory note