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The Wireless Telegraphy (Licence Award) Regulations 2018

S.I. 2018/86 · Made 24 January 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 2018.

Electronic Communications

Made 24th January 2018

Coming into force 31st January 2018

M1The Office of Communications (“OFCOM”), in exercise of the powers conferred by section 14(1), (2), (3), (4), (6) and (7) and section 122(7) of the Wireless Telegraphy Act 2006 (“the Act”), make the following Regulations.

Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the 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 Act.C1

Annotations to the whole text

Marginal citations

M1

2006 c.36.

Modifications

C1

Regulations applied (1.2.2018) by The Wireless Telegraphy (Limitation of Number of Licences) Order 2018 (S.I. 2018/89), art. 2(2)

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. 5Meaning of existing spectrum holdings
  8. 63.4 GHz minimum requirement rule
  9. 7Application for a replacement licence
  10. Part 3: Qualification stage
  11. Chapter 1: Qualification
  12. 8Notification of names of applicants and associates
  13. 9Recording of applicant group members
  14. 10Subsequent changes to bidder groups
  15. 11Changes to existing spectrum holdings
  16. 12Fitness to hold a licence
  17. 13Qualification to participate in the award process
  18. 14Publication of names of qualified applicants
  19. 15Withdrawal of an application
  20. 16Determination of number of bidders
  21. Chapter 2: Additional deposit and eligibility limit for the first principal stage round
  22. 17Additional deposit before the first principal stage round
  23. 18Determination of a bidder's eligibility limit for the first principal stage round
  24. Chapter 3: Recording of existing spectrum holdings, determination of the 2.3 GHz bid limit and overall bid constraints
  25. 19Recording of existing spectrum holdings
  26. 20Determination of the 2.3 GHz bid limits
  27. 21Determination of overall bid constraints
  28. Part 4: Award process
  29. 22Principal stage, assignment stage and grant stage
  30. Part 5: Participation by the pre-existing licence holder
  31. 23Participation by the pre-existing licence holder where it is a bidder and has applied for a replacement licence
  32. 243.4 GHz lots available in the award process
  33. Part 6: The principal stage
  34. Chapter 1: Principal stage rounds, principal stage forms, principal stage bids and round prices
  35. 25Principal stage rounds
  36. 26Principal stage form
  37. 27Principal stage bids
  38. 28Number of principal stage rounds
  39. 29Round prices for the first principal stage round
  40. 30Determination of round prices for subsequent principal stage rounds
  41. 31Round price for 2.3 GHz lots
  42. 32Round price for 3.4 GHz lots
  43. Chapter 2: Assignment of standing high bid status
  44. 33Assignment of standing high bid status by OFCOM after the end of each principal stage round
  45. 34Process for assigning standing high bid status: ranking the bidders
  46. 35Process for assigning standing high bid status: ranking the bids
  47. 36Process for assigning standing high bid status: assigning standing high bid status to the bids
  48. Chapter 3: Winning principal stage bids and determination of base price
  49. 37Determination of the winning principal stage bids
  50. 38Bids with standing high bid status becoming winning principal stage bids
  51. 392.3 GHz bids in respect of which standing high bid status was withdrawn becoming winning principal stage bids
  52. 403.4 GHz bids in respect of which standing high bid status was withdrawn becoming winning principal stage bids
  53. 41Determination of base price
  54. 42Determination of total base price
  55. Chapter 4: Constraints for principal stage bids, withdrawals of standing high bid status and carrying forward an eligibility limit
  56. Constraints for principal stage bids
  57. 43Maximum number of principal stage bids for 2.3 GHz lots and 3.4 GHz lots
  58. 44Overall bid constraint rule
  59. 45Number of principal stage bids following assignment of standing high bid status
  60. 463.4 GHz minimum requirement
  61. Withdrawal of Standing High Bid Status
  62. 47Withdrawal of standing high bid status
  63. Request by a bidder to carry forward its eligibility limit
  64. 48Request by a bidder to carry forward its eligibility limit
  65. Chapter 5: Eligibility
  66. 49Eligibility rule
  67. 50Determination of a bidder's eligibility limit
  68. 51Eligibility points used by a bidder
  69. 52Eligibility event
  70. Chapter 6: Deposit constraint
  71. 53Deposit constraint on bidding
  72. Chapter 7: Information released during and following the principal stage
  73. 54Notice to be given to bidders before each principal stage round
  74. 55Notification of information to bidders after the end of each principal stage round
  75. 56Publication of information at the end of each day during the principal stage
  76. 57Notification of results of the principal stage to bidders
  77. 58Publication of results of the principal stage
  78. Chapter 8: Procedure for principal stage
  79. 59Submission of principal stage form to OFCOM
  80. 60Alternative method for submission of principal stage form
  81. 61Incomplete or defective principal stage form
  82. 62Notification that principal stage form is not valid
  83. Chapter 9: Deposits during and following the principal stage
  84. 63Deposits during the principal stage
  85. 64Required final principal stage deposit
  86. Part 7: Assignment stage
  87. Chapter 1: Assignment stage: Preliminary
  88. 65Assignment stage
  89. Chapter 2: Assignment without bidding
  90. 66Assignment of numbered 2.3 GHz lots without bidding
  91. 67Assignment of numbered 3.4 GHz lots without bidding
  92. Chapter 3: Assignment by bidding
  93. 68Assignment of numbered 2.3 GHz lots by bidding
  94. 69Assignment of numbered 3.4 GHz lots by bidding
  95. 70Assignment stage round
  96. 71Assignment stage form
  97. Chapter 4: 2.3 GHz frequency assignments determined by bidding
  98. 72Bidding for numbered 2.3 GHz lots in the assignment stage
  99. 73Preparing a 2.3 GHz assignment stage option list for each bidder
  100. 742.3 GHz assignment stage bids
  101. 75Determination of the winning 2.3 GHz assignment stage bids
  102. 76Determination of 2.3 GHz additional prices
  103. Chapter 5: 3.4 GHz frequency assignments determined by bidding
  104. 77Bidding for numbered 3.4 GHz lots in the assignment stage
  105. 78Preparing a 3.4 GHz assignment stage option list for each bidder if the pre-existing licence holder is a bidder and did apply for a replacement licence
  106. 79Preparing a 3.4 GHz assignment stage option list for each bidder if the pre-existing licence holder is not a bidder or is a bidder but did not apply for a replacement licence
  107. 803.4 GHz assignment stage bids
  108. 81Determination of the winning 3.4 GHz assignment stage bids
  109. 82Valid combinations of 3.4 GHz assignment stage bids where the pre-existing licence holder is a bidder and did apply for a replacement licence
  110. 83Valid combinations of 3.4 GHz assignment stage bids where the pre-existing licence holder is not a bidder or is a bidder but did not apply for a replacement licence
  111. 84Determination of 3.4 GHz additional prices
  112. Chapter 6: Procedure and further deposit for assignment stage
  113. 85Notice to bidders before the assignment stage round
  114. 86Submission of assignment stage form to OFCOM
  115. 87Alternative method for submission of assignment stage form
  116. 88Incomplete or defective assignment stage form
  117. 89Required assignment stage deposit
  118. 90Notification of results of the assignment stage
  119. Part 8: Grant Stage
  120. Chapter 1: Licences available, the determination of licence fees and the precise frequencies for particular licences
  121. 91Interpretation
  122. 92Determination of licences, licence fees and frequencies associated with particular licences
  123. 93Licences which may be granted under this award process
  124. 94Licence fee payable by a winning bidder for a 2.3 GHz licence
  125. 95Licence fee payable by a winning bidder for a 2.3 GHz withdrawn lot licence
  126. 96Licence fee payable by a winning bidder for a 3.4 GHz licence
  127. 97Licence fee payable by a winning bidder for a 3.4 GHz withdrawn lot licence
  128. 98Licence fee payable by the pre-existing licence holder for a replacement licence
  129. 99Particular frequencies to be included in 2.3 GHz licences and 2.3 GHz withdrawn lot licences
  130. 100Particular frequencies to be included in 3.4 GHz licences and 3.4 GHz withdrawn lot licences granted to a winning bidder where the pre-existing licence holder is not a bidder or where the pre-existing licence holder is a bidder but did not apply for a replacement licence
  131. 101Particular frequencies to be included in any 3.4 GHz licence, 3.4 GHz withdrawn lot licence and replacement licence granted to the pre-existing licence holder where it is a bidder and did apply for a replacement licence
  132. Chapter 2: Withdrawn lot licences
  133. 102Acceptance or refusal of the withdrawn lot licence
  134. 103Refusal payment for withdrawn lot licences
  135. Chapter 3: Total auction sum
  136. 104Determination of the total auction sum payable by winning bidders to OFCOM
  137. 105Notification of the total auction sum payable by winning bidders to OFCOM
  138. 106Further payment where the amount of a winning bidder's deposit is less than its total auction sum
  139. Chapter 4: Grant of licences
  140. 107Entitlement to the grant of licences
  141. 108Grant of licences
  142. Chapter 5: Completion of the award process
  143. 109Refunds
  144. 110Notification to bidders following the grant of licences
  145. 111Completion of the award process
  146. Part 9: Activity rules
  147. 112Forfeit of deposit and exclusion from award process
  148. 113Bids made by an excluded bidder
  149. 114Exclusion of the pre-existing licence holder
  150. 115Events
  151. Part 10: MISCELLANEOUS
  152. 116General power of exclusion
  153. 117Notification to OFCOM
  154. 118Changes to timing or location
  155. 119Changes to round times and use of electronic auction system
  156. 120Rerunning rounds
  157. 121Refunds
  158. 122Deposits
  159. Signature
  160. Schedule 1: Lots
  161. Paragraph
  162. Schedule 2: Application form and warranty
  163. Paragraph
  164. Paragraph
  165. Paragraph
  166. Paragraph
  167. Paragraph
  168. Paragraph
  169. Paragraph
  170. Paragraph
  171. Paragraph
  172. Paragraph
  173. Paragraph
  174. Paragraph
  175. Paragraph
  176. Paragraph
  177. Paragraph
  178. Paragraph
  179. Paragraph
  180. Paragraph
  181. Paragraph
  182. Paragraph
  183. Paragraph
  184. Paragraph
  185. Paragraph
  186. Paragraph
  187. Paragraph
  188. Paragraph
  189. Paragraph
  190. Paragraph
  191. Paragraph
  192. Schedule 3: Document for member of applicant's applicant group or bidder group who is not an associate
  193. Paragraph
  194. Paragraph
  195. Applicant/bidder
  196. Paragraph
  197. [Insert name of person to be included in applicant or bidder group who is not an associate]
  198. Paragraph
  199. Schedule 4: Declaration to be made by the pre-existing licence holder
  200. Paragraph
  201. Paragraph
  202. Schedule 5: Determination of 2.3 GHz additional price
  203. 1Additional price
  204. 2First requirement
  205. 3Second requirement
  206. 4Third requirement
  207. 5Fourth requirement
  208. 6Interpretation
  209. Schedule 6: Determination of 3.4 GHz additional price
  210. 1Additional price
  211. 2First requirement
  212. 3Second requirement
  213. 4Third requirement
  214. 5Fourth requirement
  215. 6Interpretation
  216. Schedule 7Frequency bands for existing immediately useable spectrum holdings
  217. Schedule 8Frequency bands for existing overall spectrum holdings
  218. Explanatory note