Regulation 85 Notice to OFCOM of bidders' desire to participate in the negotiation periodI1

United Kingdom

(1)

After the deadline specified by OFCOM, if two or more winning bidders for 3.6 GHz lots have responded to OFCOM's notification and have indicated that they wish to participate in a negotiation period to pursue an adjacency agreement—

(a)

OFCOM shall notify each winning bidder for 3.6 GHz lots of—

(i)

the names of each other winning bidder for 3.6 GHz lots which wishes to participate in the negotiation period;

(ii)

the start day (and time on that day) of the first phase of the negotiation period, and the end day (and time on that day) of the first phase negotiation period;

(iii)

if a second phase of the negotiation period were to take place (because no valid full adjacent agreement resulted from the first phase), the proposed start day and time on that day of the second phase, and the proposed end day (and time on that day) of the second phase of the negotiation period; and

(iv)

the method for submission to OFCOM of any full adjacency agreement forms and any partial adjacency agreement forms;

(b)

each winning bidder for 3.6 GHz lots which has paid the required assignment stage deposit (if any) may participate in the negotiation period to enter an adjacency agreement irrespective of whether or not that bidder indicated to OFCOM that it wished to participate; and

(c)

OFCOM shall publish on their website the days and times described in paragraph (a)(ii) and (iii).

(2)

Where fewer than two winning bidders for 3.6 GHz lots have indicated to OFCOM that they wish to participate in a negotiation period, following receipt of notices, OFCOM shall—

(a)

notify each winning bidder for 3.6 GHz lots that there shall not be a negotiation period, and

(b)

proceed to determine the winning 3.6 GHz assignment stage bids in accordance with regulation 98.

Annotations

Commencement

I1: Reg. 85 in force at 18.11.2020, see reg. 1(1)