The Wireless Telegraphy (Licence Award) Regulations 2020

S.I. 2020/1199 · Made 3 November 2020 · Extends to United Kingdom

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. Part 3: Qualification stage
9. Chapter 1: Qualification
10. 6Notification of names of applicants and associates
11. 7Recording of applicant group members
12. 8Subsequent changes to bidder groups
13. 9Changes to existing spectrum holdings
14. 10Fitness to hold a licence
15. 11Qualification to participate in the award process
16. 12Publication of names of qualified applicants
17. 13Withdrawal of an application
18. 14Determination of number of bidders
19. Chapter 2: Additional deposit and eligibility limit for the first principal stage round
20. 15Additional deposit before the first principal stage round
21. 16Determination of a bidder's eligibility limit for the first principal stage round
22. Chapter 3: Recording of existing spectrum holdings and overall bid constraints
23. 17Recording of existing spectrum holdings
24. 18Determination of overall bid constraints
25. Part 4: Award process
26. 19Principal stage, assignment stage and grant stage
27. Part 5: The principal stage
28. Chapter 1: Principal stage rounds
29. 20Principal stage rounds
30. 21Principal stage form
31. 22Principal stage bids
32. 23Number of principal stage rounds
33. 24Round prices for the first principal stage round
34. 25Determination of round prices for subsequent principal stage rounds
35. 26Round price for 3.6 GHz lots
36. 27Round price for 700 MHz individual frequency lots
37. 28Round price for 700 MHz paired frequency lots
38. Chapter 2: Assignment of standing high bid status
39. 29Assignment of standing high bid status by OFCOM after the end of each principal stage round
40. 30Process for assigning standing high bid status: ranking the bidders
41. 31Process for assigning standing high bid status: ranking the bids
42. 32Process for assigning standing high bid status: assigning standing high bid status to the bids
43. Chapter 3: Winning principal stage bids and determination of base price
44. 33Determination of the winning principal stage bids
45. 34Determination of base price
46. 35Determination of total base price
47. Chapter 4: Constraints on principal stage bids
48. 36Maximum and minimum number of principal stage bids for 3.6 GHz lots, 700 MHz individual frequency lots and 700 MHz paired frequency lots
49. 37Overall bid constraint rule
50. 38Number of principal stage bids following assignment of standing high bid status
51. 39Request by a bidder to carry forward its eligibility limit
52. 40Eligibility rule
53. 41Determination of a bidder's eligibility limit
54. 42Eligibility points used by a bidder
55. 43Eligibility event
56. 44Deposit constraint on bidding
57. Chapter 5: Information released during and following the principal stage
58. 45Notice to be given to bidders before each principal stage round
59. 46Notification of information to bidders after the end of each principal stage round
60. 47Publication of information at the end of each day during the principal stage
61. 48Notification of results of the principal stage to bidders
62. 49Publication of results of the principal stage
63. Chapter 6: Procedure for principal stage
64. 50Submission of principal stage form to OFCOM
65. 51Alternative method for submission of principal stage form
66. 52Incomplete or defective principal stage form
67. 53Notification that principal stage form is not valid
68. Chapter 7: Deposits during and following the principal stage
69. 54Deposits during the principal stage
70. 55Required final principal stage deposit
71. Part 6: Assignment stage
72. Chapter 1: Overview
73. 56No assignment stage if there are no winning principal stage bidders
74. 57Assignment stage process
75. Chapter 2: Assignment of lots of a particular type without bidding
76. 58Assignment of numbered 3.6 GHz lots without bidding
77. 59Assignment of 700 MHz individual frequency lots without bidding.
78. 60Assignment of 700 MHz paired frequency lots without bidding
79. Chapter 3: Assignment of lots of a particular type by means of a bidding process (and negotiation period, if any)
80. 61Assignment of 3.6 GHz lots by bidding
81. 62Assignment of numbered 700 MHz individual frequency lots by bidding
82. 63Assignment of numbered 700 MHz paired frequency lots by bidding
83. 64Assignment stage round
84. Chapter 4: Assignment stage form
85. 65Assignment stage form
86. 66Valid assignment stage form
87. 67Notification that an assignment stage form is not valid
88. Chapter 5: 3.6 GHz lot assignment stage bidding
89. 68Bidding for numbered 3.6 GHz lots in the assignment stage
90. 69Preparing a 3.6 GHz assignment stage option list for each bidder
91. 703.6 GHz assignment stage bids
92. Chapter 6: 700 MHz individual frequency lot assignment stage bidding
93. 71Bidding for numbered 700 MHz individual frequency lots in the assignment stage
94. 72Preparing a 700 MHz individual frequency lot assignment stage option list for each bidder
95. 73700 MHz individual frequency lot assignment stage bids
96. Chapter 7: 700 MHz paired frequency lot assignment stage bidding
97. 74Bidding for numbered 700 MHz paired frequency lots in the assignment stage
98. 75Preparing a 700 MHz paired frequency lot assignment stage option list for each bidder
99. 76700 MHz paired frequency lot assignment stage bids
100. Chapter 8: Procedure for bidding in the assignment stage
101. 77Notice to bidders before the assignment stage round
102. 78Submission of assignment stage form to OFCOM
103. 79Alternative method for submission of assignment stage form
104. 80Incomplete or defective assignment stage form
105. 81Required assignment stage deposit
106. Part 7: Negotiation period for the assignment of 3.6 GHz lots
107. Chapter 1: Adjacency agreements
108. 82Full adjacency agreement
109. 83Partial adjacency agreement
110. Chapter 2: Procedure for the negotiation period
111. 84Notice to bidders before the negotiation period
112. 85Notice to OFCOM of bidders' desire to participate in the negotiation period
113. Chapter 3: Valid full adjacency agreement and valid partial adjacency agreement
114. 86Valid full adjacency agreement
115. 87Valid partial adjacency agreement
116. 88Additional required bids in the case of a partial adjacency agreement
117. 89Consequence of additional required bids
118. 90Rejection of full adjacency agreement forms submitted to OFCOM at a time outside the first phase and second phase of the negotiation period
119. 91Rejection of partial adjacency agreement forms submitted to OFCOM at a time outside the second phase of the negotiation period
120. 92Only one valid adjacency agreement
121. 93First form delivered within a negotiation phase by a winning bidder for 3.6 GHz lots to be used by OFCOM
122. 94Incomplete or defective adjacency agreement forms
123. 95The end of the first phase of the negotiation period
124. Part 8: Ofcom's determination of the assignment of numbered lots and the additional prices
125. Chapter 1: Assignment of numbered 3.6 GHz lots where there is either a valid full adjacency agreement or one or more valid partial adjacency agreements
126. 96Determination of assignment of 3.6 GHz lots where there is a valid full adjacency agreement
127. 97Determination of the winning 3.6 GHz assignment stage bids where there are one or more valid partial adjacency agreements
128. Chapter 2: Ofcom's determination of assignment of numbered 3.6 GHz lots and additional prices where there is no valid full adjacency agreement and no valid partial adjacency agreement
129. 98Determination of the winning 3.6 GHz assignment stage bids where there is no valid full adjacency agreement and no valid partial adjacency agreement
130. Chapter 3: Determination of 3.6 GHz lot additional prices
131. 99Determination of 3.6 GHz lot additional prices where there is a valid full adjacency agreement
132. 100Determination of 3.6 GHz lot additional prices where there is one or more valid partial adjacency agreements
133. 101Determination of 3.6 GHz lot additional prices where there is no adjacency agreement
134. Chapter 4: Determination of assignment of numbered 700 MHz individual frequency lots and 700 MHz individual frequency lot additional prices
135. 102Determination of the winning 700 MHz individual frequency lot assignment stage bids
136. 103Determination of 700 MHz individual frequency lot additional prices
137. Chapter 5: Determination of assignment of numbered 700 MHz paired frequency lots and 700 MHz paired frequency lot additional prices
138. 104Determination of the winning 700 MHz paired frequency lot assignment stage bids
139. 105Determination of 700 MHz paired frequency lot additional prices
140. Chapter 6: Notification of results of the assignment stage
141. 106Notification of results of the assignment stage
142. Part 9: Grant Stage
143. Chapter 1: Licences available, the determination of licence fees and the particular frequencies
144. 107Interpretation
145. 108Determination of licences, licence fees and frequencies associated with particular licences
146. 109Licences which may be granted under this award process
147. 110Licence fee payable by a winning bidder for a 3.6 GHz licence
148. 111Licence fee payable by a winning bidder for a 700 MHz licence
149. 112Particular frequencies to be included in 3.6 GHz licence granted to a winning bidder
150. 113Particular frequencies to be included in 700 MHz lot licence granted to a winning bidder
151. Chapter 2: Total auction sum
152. 114Determination of the total auction sum payable by winning bidders to OFCOM
153. 115Notification of the total auction sum payable by winning bidders to OFCOM
154. 116Further payment where the amount of a winning bidder's deposit is less than its total auction sum
155. Chapter 3: Grant of licences
156. 117Entitlement to the grant of licences
157. 118Grant of licences
158. Chapter 4: Completion of the award process
159. 119Refunds
160. 120Notification to bidders following the grant of licences
161. 121Completion of the award process
162. Part 10: Forfeit of deposit and exclusion
163. 122Forfeit of deposit and exclusion from award process
164. 123Bids made by an excluded bidder
165. 124Events
166. Part 11: Miscellaneous
167. 125General power of exclusion
168. 126Notification to OFCOM
169. 127Changes to timing or location
170. 128Changes to round times and use of electronic auction system
171. 129Rerunning rounds
172. 130Refunds
173. 131Deposits
174. Signature
175. Schedule 1: Lots
176. Paragraph
177. Schedule 2: Application form and warranty
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. Paragraph
193. Paragraph
194. Paragraph
195. Paragraph
196. Paragraph
197. Paragraph
198. Paragraph
199. Paragraph
200. Paragraph
201. Paragraph
202. Paragraph
203. Paragraph
204. Paragraph
205. Schedule 3: Document for member of applicant's applicant group or bidder group who is not an associate
206. Paragraph
207. Paragraph
208. Applicant/bidder
209. Paragraph
210. [Insert name of person to be included in applicant or bidder group who is not an associate]
211. Paragraph
212. Schedule 4: Determination of 3.6 GHz lot additional prices
213. 1Additional price
214. 2First requirement
215. 3Second requirement
216. 4Third requirement
217. 5Fourth requirement
218. 6Interpretation
219. Schedule 5: Determination of 700 MHz individual frequency lot additional prices
220. 1Additional price
221. 2First requirement
222. 3Second requirement
223. 4Third requirement
224. 5Fourth requirement
225. 6Interpretation
226. Schedule 6: Determination of 700 MHz paired frequency lot additional prices
227. 1Additional price
228. 2First requirement
229. 3Second requirement
230. 4Third requirement
231. 5Fourth requirement
232. 6Interpretation
233. Schedule 7Frequency bands for existing spectrum holdings
234. Schedule 8: Partial adjacency agreement form
235. Paragraph
236. Paragraph
237. Paragraph
238. Paragraph
239. Paragraph
240. Paragraph
241. Paragraph
242. Paragraph
243. Paragraph
244. Schedule 9: Full adjacency agreement form
245. Paragraph
246. Paragraph
247. Paragraph
248. Paragraph
249. Paragraph
250. Explanatory note