The Wireless Telegraphy (Licence Award) Regulations 2025
S.I. 2025/669 · Made 10 June 2025
Electronic Communications
Made 10th June 2025
Coming into force 30th June 2025
The Office of Communications (“OFCOM”), in exercise of the powers conferred by sections 14(1), (2), (3), (4), (6) and (7) and 122(7) of the Wireless Telegraphy Act 2006f1 (“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.
Annotations to the whole text
Footnotes
- f1
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
- Chapter 1: Qualification
- 5Notification of names of applicants and associates
- 6Recording of applicant group members
- 7Subsequent changes to bidder groups
- 8Fitness to hold a licence
- 9Qualification to participate in the award process
- 10Publication of names of qualified applicants
- 11Withdrawal of an application
- 12Determination of number of bidders
- Chapter 2: Additional deposit and eligibility limit for the first principal stage round
- 13Additional deposit before the first principal stage round
- 14Determination of a bidder’s eligibility limit for the first principal stage round
- Part 4
- Chapter: Award Process
- 15Principal stage, assignment stage and grant stage
- Part 5: The Principal Stage
- Chapter 1: Principal stage rounds
- 16Principal stage rounds
- 17Principal stage bids
- 18Total number of lots of each type
- Chapter 2: The first principal stage round
- 19Notification of information to bidders before the first principal stage round
- 20Lot prices for the first principal stage round
- 21First principal stage round bids on the auction system
- 22Posted demand number after the end of the first round
- 23Determination by OFCOM of posted price after the end of the first round
- 24Determination by OFCOM of excess demand after the end of the first round
- Chapter 3: The second and subsequent principal stage rounds
- 25Notification of information to bidders before the second (and each subsequent) principal stage round
- 26The price range
- 27Each bidder must make three sets of bids in the second (and each subsequent) principal stage round
- 28The set of bids to be submitted if a bidder wishes to maintain demand for lots at the clock price in the current round
- 29The set of bids to be submitted if a bidder wishes to increase demand for lots at the clock price in the current round
- 30The set of bids to be submitted if a bidder wishes to decrease demand for lots at the clock price in the current round
- 31Failure to specify a target number of lots on the auction system within the time period for bidding in a round
- Chapter 4: Bid selection process for OFCOM to determine posted demand numbers and excess demand after the end of the second (and each subsequent) principal stage round
- 32Creating a ranking list of sets of bids and carrying out a selection process with regard to sets of bids on the list in order to determine each bidder’s posted demand number
- 33Calculating the price point for all sets of bids where a bidder decreased demand
- 34Calculating the price point for all sets of bids where a bidder increased demand
- 35Creating a ranking list which contains sets of bids to decrease demand and sets of bids to increase demand
- 36Selecting sets of bids from the ranking list
- 37Remaking the ranking list after each selection
- 38The completion of the selection process
- 39Currently selected demand for lots of a particular type
- 40Current excess demand for lots of a particular type
- 41Criteria for determining if a set of bids to decrease demand is to be removed or accorded reduced status
- 42Currently used eligibility points for a bidder
- 43Criteria for determining if a set of bids to increase demand is to be removed or accorded reduced status for the 26 GHz lower lot type and 26 GHz upper lot type
- 44Criteria for determining if a set of bids to increase demand is to be removed or accorded reduced status for the 40 GHz lot type
- Chapter 5: Determination by OFCOM of each bidder’s posted demand number and determination of the posted price after the second and subsequent principal stage rounds
- 45Determination by OFCOM of posted demand numbers
- 46Posted demand number in the case of sets of bids to maintain demand
- 47Posted demand number in the case of sets of bids to increase demand and sets of bids to decrease demand
- 48Determination by OFCOM of posted price
- Chapter 6: Determination by OFCOM of excess demand after the second and subsequent principal stage
- 49Determination of excess demand by OFCOM
- Chapter 7: Eligibility limits during the principal stage
- 50Eligibility rule
- 51Eligibility points associated with lots
- 52Eligibility limit in the first round
- 53Eligibility limit in the second and subsequent rounds
- 54Eligibility points used by a bidder
- Chapter 8: Deposits during the principal stage
- 55Deposits during the principal stage
- 56Deposit constraint on bidding
- Chapter 9: Publication of information each day
- 57Publication of information at the end of each day during the principal stage
- Chapter 10: End of principal stage
- 58Number of principal stage rounds
- 59Determination of the winning principal stage bids
- 60Determination of base price
- 61Determination of total base price
- 62Notification of results to bidders
- 63Publication of the results of the principal stage
- 64Required final principal stage deposit
- Part 6: Assignment stage
- Chapter 1: Overview
- 65No assignment stage if there are no winning principal stage bidders
- 66Assignment stage
- 67Assignment stage process
- 68Bidders
- 69Assignment stage bidder definitions
- Chapter 2: Step one: assignment of 40 GHz lots for the first period and the second period in the first assignment stage round
- 70Bidding for numbered 40 GHz lots for the first period and the second period in the first assignment stage round
- 71Preparing a 40 GHz lots assignment stage options list for each bidder
- 7240 GHz assignment stage bids
- 73Determination of the winning 40 GHz assignment stage bids
- 74Determination of 40 GHz lot additional prices
- Chapter 3: Step one: assignment of 26 GHz lower lots for the first period in the first assignment stage round
- 75Bidding for numbered 26 GHz lower lots for the first period in the first assignment stage round
- 76Preparing a 26 GHz lower assignment stage options list for each bidder
- 7726 GHz lower assignment stage bids
- 78Determination of the winning 26 GHz lower assignment stage bids
- 79Determination of 26 GHz lower lot first period additional prices
- Chapter 4: Step two: assignment of 26 GHz upper lots for the first period in the second assignment stage round
- 80Bidding for numbered 26 GHz upper lots for the first period in the second assignment stage round
- 81Preparing a 26 GHz upper lot assignment stage options list for each bidder
- 8226 GHz upper assignment stage bids
- 83Determination of the winning 26 GHz upper assignment stage bids
- 84Determination of 26 GHz upper lot first period additional prices
- Chapter 5: Step three: assignment of 26 GHz lower lots and 26 GHz upper lots for the second period without bidding
- 85Assignment of 26 GHz lower lots and 26 GHz upper lots for the second period without bidding
- Chapter 6: Step four: assignment of 26 GHz lower lots and 26 GHz upper lots for the second period in the third assignment stage round
- 86Assignment of 26 GHz lower lots and 26 GHz upper lots for the second period with bidding
- 87Preparing a 26 GHz lot second period assignment stage options list for each bidder
- 8826 GHz lot second period assignment stage bids
- 89Determination of the winning 26 GHz lot second period assignment stage bids
- 90Determination of 26 GHz lot second period additional prices
- Chapter 7: Procedure for bidding in the assignment stage
- 91Notification to bidders before each assignment stage round
- 92Assignment stage form
- 93Submission of assignment stage forms to OFCOM
- 94Valid assignment stage form
- 95Notification that an assignment stage form is not valid
- 96Alternative method for submission of assignment stage form
- 97Incomplete or defective assignment stage form
- 98Required first assignment stage round deposit
- 99Required second assignment stage round deposit
- 100Required third assignment stage round deposit
- Chapter 8: Notification of results of lot assignment
- 101Notification of results of the assignment stage
- Part 7: Grant Stage
- Chapter 1: Licences available, the determination of licence fees and the particular frequencies
- 102Interpretation
- 103Determination of licences, licence fees and frequencies associated with particular licences
- 104Licences which may be granted under this award process
- 105Licence fee payable by a winning bidder for a 40 GHz licence
- 106Licence fee payable by a winning bidder for a 26 GHz lower lot first period licence
- 107Licence fee payable by a winning bidder for a 26 GHz upper lot first period licence
- 108Licence fee payable by a winning bidder for a 26 GHz lot second period licence
- 109Particular frequencies to be included in a 40 GHz licence granted to a winning bidder
- 110Particular frequencies to be included in a 26 GHz lower lot first period licence granted to a winning bidder
- 111Particular frequencies to be included in a 26 GHz upper lot first period licence granted to a winning bidder
- 112Particular frequencies to be included in a 26 GHz lot second period licence granted to a winning bidder
- Chapter 2: Total auction sum
- 113Determination of the total auction sum payable by winning bidders to OFCOM
- 114Notification of the total auction sum payable by winning bidders to OFCOM
- 115Further payment where the amount of a winning bidder’s deposit is less than its total auction sum
- Chapter 3: Grant of licences
- 116Entitlement to the grant of licences
- 117Grant of licences
- Chapter 4: Completion of the award process
- 118Deposit greater than total auction sum
- 119Notification to bidders following the grant of licences
- 120Completion of the award process
- Part 8: Forfeit of deposit and exclusion
- 121Forfeit of deposit and exclusion from award process
- 122Bids made by an excluded bidder
- 123Events
- Part 9: Miscellaneous
- 124Alternative method for submission of principal stage bids
- 125General power of exclusion
- 126Notification to OFCOM
- 127Changes to timing or location
- 128Changes to round times and use of auction system
- 129Rerunning rounds
- 130Refunds
- 131Deposits
- Signature
- Schedule 1Lots
- Schedule 2Application form and warranty
- Schedule 3Document for member of applicant’s applicant group or bidder group who is not an associate
- Schedule 4: Determination of 40 GHz lot additional prices
- 1Additional price
- 2First requirement
- 3Second requirement
- 4Third requirement
- 5Fourth requirement
- 6Interpretation
- Schedule 5: Determination of 26 GHz lower lot first period additional prices
- 1Additional price
- 2First requirement
- 3Second requirement
- 4Third requirement
- 5Fourth requirement
- 6Interpretation
- Schedule 6: Determination of 26 GHz upper lot first period additional prices
- 1Additional price
- 2First requirement
- 3Second requirement
- 4Third requirement
- 5Fourth requirement
- 6Interpretation
- Schedule 7: Determination of 26 GHz lot second period additional prices
- 1Additional price
- 2First requirement
- 3Second requirement
- 4Third requirement
- 5Fourth requirement
- 6Interpretation
- Explanatory note