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The Wireless Telegraphy (Licence Award) Regulations 2025

S.I. 2025/669 · Made 10 June 2025

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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

2006 c. 36.

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. Part 3: Qualification Stage
  8. Chapter 1: Qualification
  9. 5Notification of names of applicants and associates
  10. 6Recording of applicant group members
  11. 7Subsequent changes to bidder groups
  12. 8Fitness to hold a licence
  13. 9Qualification to participate in the award process
  14. 10Publication of names of qualified applicants
  15. 11Withdrawal of an application
  16. 12Determination of number of bidders
  17. Chapter 2: Additional deposit and eligibility limit for the first principal stage round
  18. 13Additional deposit before the first principal stage round
  19. 14Determination of a bidder’s eligibility limit for the first principal stage round
  20. Part 4
  21. Chapter: Award Process
  22. 15Principal stage, assignment stage and grant stage
  23. Part 5: The Principal Stage
  24. Chapter 1: Principal stage rounds
  25. 16Principal stage rounds
  26. 17Principal stage bids
  27. 18Total number of lots of each type
  28. Chapter 2: The first principal stage round
  29. 19Notification of information to bidders before the first principal stage round
  30. 20Lot prices for the first principal stage round
  31. 21First principal stage round bids on the auction system
  32. 22Posted demand number after the end of the first round
  33. 23Determination by OFCOM of posted price after the end of the first round
  34. 24Determination by OFCOM of excess demand after the end of the first round
  35. Chapter 3: The second and subsequent principal stage rounds
  36. 25Notification of information to bidders before the second (and each subsequent) principal stage round
  37. 26The price range
  38. 27Each bidder must make three sets of bids in the second (and each subsequent) principal stage round
  39. 28The set of bids to be submitted if a bidder wishes to maintain demand for lots at the clock price in the current round
  40. 29The set of bids to be submitted if a bidder wishes to increase demand for lots at the clock price in the current round
  41. 30The set of bids to be submitted if a bidder wishes to decrease demand for lots at the clock price in the current round
  42. 31Failure to specify a target number of lots on the auction system within the time period for bidding in a round
  43. 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
  44. 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
  45. 33Calculating the price point for all sets of bids where a bidder decreased demand
  46. 34Calculating the price point for all sets of bids where a bidder increased demand
  47. 35Creating a ranking list which contains sets of bids to decrease demand and sets of bids to increase demand
  48. 36Selecting sets of bids from the ranking list
  49. 37Remaking the ranking list after each selection
  50. 38The completion of the selection process
  51. 39Currently selected demand for lots of a particular type
  52. 40Current excess demand for lots of a particular type
  53. 41Criteria for determining if a set of bids to decrease demand is to be removed or accorded reduced status
  54. 42Currently used eligibility points for a bidder
  55. 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
  56. 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
  57. 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
  58. 45Determination by OFCOM of posted demand numbers
  59. 46Posted demand number in the case of sets of bids to maintain demand
  60. 47Posted demand number in the case of sets of bids to increase demand and sets of bids to decrease demand
  61. 48Determination by OFCOM of posted price
  62. Chapter 6: Determination by OFCOM of excess demand after the second and subsequent principal stage
  63. 49Determination of excess demand by OFCOM
  64. Chapter 7: Eligibility limits during the principal stage
  65. 50Eligibility rule
  66. 51Eligibility points associated with lots
  67. 52Eligibility limit in the first round
  68. 53Eligibility limit in the second and subsequent rounds
  69. 54Eligibility points used by a bidder
  70. Chapter 8: Deposits during the principal stage
  71. 55Deposits during the principal stage
  72. 56Deposit constraint on bidding
  73. Chapter 9: Publication of information each day
  74. 57Publication of information at the end of each day during the principal stage
  75. Chapter 10: End of principal stage
  76. 58Number of principal stage rounds
  77. 59Determination of the winning principal stage bids
  78. 60Determination of base price
  79. 61Determination of total base price
  80. 62Notification of results to bidders
  81. 63Publication of the results of the principal stage
  82. 64Required final principal stage deposit
  83. Part 6: Assignment stage
  84. Chapter 1: Overview
  85. 65No assignment stage if there are no winning principal stage bidders
  86. 66Assignment stage
  87. 67Assignment stage process
  88. 68Bidders
  89. 69Assignment stage bidder definitions
  90. Chapter 2: Step one: assignment of 40 GHz lots for the first period and the second period in the first assignment stage round
  91. 70Bidding for numbered 40 GHz lots for the first period and the second period in the first assignment stage round
  92. 71Preparing a 40 GHz lots assignment stage options list for each bidder
  93. 7240 GHz assignment stage bids
  94. 73Determination of the winning 40 GHz assignment stage bids
  95. 74Determination of 40 GHz lot additional prices
  96. Chapter 3: Step one: assignment of 26 GHz lower lots for the first period in the first assignment stage round
  97. 75Bidding for numbered 26 GHz lower lots for the first period in the first assignment stage round
  98. 76Preparing a 26 GHz lower assignment stage options list for each bidder
  99. 7726 GHz lower assignment stage bids
  100. 78Determination of the winning 26 GHz lower assignment stage bids
  101. 79Determination of 26 GHz lower lot first period additional prices
  102. Chapter 4: Step two: assignment of 26 GHz upper lots for the first period in the second assignment stage round
  103. 80Bidding for numbered 26 GHz upper lots for the first period in the second assignment stage round
  104. 81Preparing a 26 GHz upper lot assignment stage options list for each bidder
  105. 8226 GHz upper assignment stage bids
  106. 83Determination of the winning 26 GHz upper assignment stage bids
  107. 84Determination of 26 GHz upper lot first period additional prices
  108. Chapter 5: Step three: assignment of 26 GHz lower lots and 26 GHz upper lots for the second period without bidding
  109. 85Assignment of 26 GHz lower lots and 26 GHz upper lots for the second period without bidding
  110. 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
  111. 86Assignment of 26 GHz lower lots and 26 GHz upper lots for the second period with bidding
  112. 87Preparing a 26 GHz lot second period assignment stage options list for each bidder
  113. 8826 GHz lot second period assignment stage bids
  114. 89Determination of the winning 26 GHz lot second period assignment stage bids
  115. 90Determination of 26 GHz lot second period additional prices
  116. Chapter 7: Procedure for bidding in the assignment stage
  117. 91Notification to bidders before each assignment stage round
  118. 92Assignment stage form
  119. 93Submission of assignment stage forms to OFCOM
  120. 94Valid assignment stage form
  121. 95Notification that an assignment stage form is not valid
  122. 96Alternative method for submission of assignment stage form
  123. 97Incomplete or defective assignment stage form
  124. 98Required first assignment stage round deposit
  125. 99Required second assignment stage round deposit
  126. 100Required third assignment stage round deposit
  127. Chapter 8: Notification of results of lot assignment
  128. 101Notification of results of the assignment stage
  129. Part 7: Grant Stage
  130. Chapter 1: Licences available, the determination of licence fees and the particular frequencies
  131. 102Interpretation
  132. 103Determination of licences, licence fees and frequencies associated with particular licences
  133. 104Licences which may be granted under this award process
  134. 105Licence fee payable by a winning bidder for a 40 GHz licence
  135. 106Licence fee payable by a winning bidder for a 26 GHz lower lot first period licence
  136. 107Licence fee payable by a winning bidder for a 26 GHz upper lot first period licence
  137. 108Licence fee payable by a winning bidder for a 26 GHz lot second period licence
  138. 109Particular frequencies to be included in a 40 GHz licence granted to a winning bidder
  139. 110Particular frequencies to be included in a 26 GHz lower lot first period licence granted to a winning bidder
  140. 111Particular frequencies to be included in a 26 GHz upper lot first period licence granted to a winning bidder
  141. 112Particular frequencies to be included in a 26 GHz lot second period licence granted to a winning bidder
  142. Chapter 2: Total auction sum
  143. 113Determination of the total auction sum payable by winning bidders to OFCOM
  144. 114Notification of the total auction sum payable by winning bidders to OFCOM
  145. 115Further payment where the amount of a winning bidder’s deposit is less than its total auction sum
  146. Chapter 3: Grant of licences
  147. 116Entitlement to the grant of licences
  148. 117Grant of licences
  149. Chapter 4: Completion of the award process
  150. 118Deposit greater than total auction sum
  151. 119Notification to bidders following the grant of licences
  152. 120Completion of the award process
  153. Part 8: Forfeit of deposit and exclusion
  154. 121Forfeit of deposit and exclusion from award process
  155. 122Bids made by an excluded bidder
  156. 123Events
  157. Part 9: Miscellaneous
  158. 124Alternative method for submission of principal stage bids
  159. 125General power of exclusion
  160. 126Notification to OFCOM
  161. 127Changes to timing or location
  162. 128Changes to round times and use of auction system
  163. 129Rerunning rounds
  164. 130Refunds
  165. 131Deposits
  166. Signature
  167. Schedule 1Lots
  168. Schedule 2Application form and warranty
  169. Schedule 3Document for member of applicant’s applicant group or bidder group who is not an associate
  170. Schedule 4: Determination of 40 GHz lot additional prices
  171. 1Additional price
  172. 2First requirement
  173. 3Second requirement
  174. 4Third requirement
  175. 5Fourth requirement
  176. 6Interpretation
  177. Schedule 5: Determination of 26 GHz lower lot first period additional prices
  178. 1Additional price
  179. 2First requirement
  180. 3Second requirement
  181. 4Third requirement
  182. 5Fourth requirement
  183. 6Interpretation
  184. Schedule 6: Determination of 26 GHz upper lot first period additional prices
  185. 1Additional price
  186. 2First requirement
  187. 3Second requirement
  188. 4Third requirement
  189. 5Fourth requirement
  190. 6Interpretation
  191. Schedule 7: Determination of 26 GHz lot second period additional prices
  192. 1Additional price
  193. 2First requirement
  194. 3Second requirement
  195. 4Third requirement
  196. 5Fourth requirement
  197. 6Interpretation
  198. Explanatory note