Regulation 123 Bids made by an excluded bidderI1

United Kingdom

(1)

Where a bidder is excluded from the award process under regulation 122 during the principal stage, OFCOM shall determine whether it should disregard the bids (and other bidding indications made on its principal stage form) made in any principal stage rounds prior to the exclusion, in order to have a fair and efficient outcome to the award process.

(2)

Where OFCOM determine that it is appropriate to disregard the bids (and other bidding indications) made in any principal stage rounds—

(a)

OFCOM shall notify bidders of the rounds for which they have determined to disregard the bids (and other bidding indications); and

(b)

resume the award process from the start of the principal stage round after the round for which bids are not disregarded under sub-paragraph (a), or, where all bids are to be disregarded under that sub-paragraph, to rerun the award process from the start of the first principal stage round.

(3)

Where a bidder is excluded from the award process under regulation 122 during the assignment stage—

(a)

OFCOM shall determine whether it should disregard the bids (and other bidding indications) made in any principal stage round prior to the exclusion in accordance with paragraphs (1) and (2); and

(b)

any adjacency agreement to which the bidder is a party and all of the assignment stage bids made by the bidder shall not be taken into consideration for the purposes of determining—

(i)

the lots to be assigned under these Regulations; and

(ii)

any additional price payable by a winning bidder under these Regulations.

Annotations

Commencement

I1: Reg. 123 in force at 18.11.2020, see reg. 1(1)