Regulation 2 Interpretation

In these Regulations—

• “26 GHz double lot winner” has the meaning given in regulation 69(f);

• “26 GHz lot second period assignment stage bid” has the meaning given in regulation 86(2);

• “26 GHz lot second period assignment stage option” has the meaning given in regulation 86(6);

• “26 GHz lot second period assignment stage options list” has the meaning given in regulation 86(6);

• “26 GHz lot second period additional price” has the meaning given in regulation 90;

• “26 GHz lot second period licence” has the meaning given in regulation 102(d);

• “26 GHz lower assignment stage bid” has the meaning given in regulation 75(2);

• “26 GHz lower assignment stage option” has the meaning given in regulation 75(5);

• “26 GHz lower assignment stage options list” has the meaning given in regulation 75(5);

• “26 GHz lower base price” has the meaning given in regulation 60(1);

• “26 GHz lower lot first period licence” has the meaning given in regulation 102(b);

• “26 GHz lower lot first period additional price” has the meaning given in regulation 79;

• “26 GHz lower lot winner” has the meaning given in regulation 69(a);

• “26 GHz lower only lot winner” has the meaning given in regulation 69(b);

• “26 GHz upper assignment stage bid” shall be construed in accordance with regulation 80(2);

• “26 GHz upper assignment stage option” has the meaning given in regulation 80(5);

• “26 GHz upper assignment stage options list” has the meaning given in regulation 80(5);

• “26 GHz upper base price” has the meaning given in regulation 60(2);

• “26 GHz upper lot first period licence” has the meaning given in regulation 102(c);

• “26 GHz upper lot first period additional price” has the meaning given in regulation 84;

• “26 GHz upper lot winner” has the meaning given in regulation 69(d);

• “26 GHz upper only lot winner” has the meaning given in regulation 69(e);

• “40 GHz assignment stage bid” shall be construed in accordance with regulation 70(2);

• “40 GHz assignment stage option” has the meaning given in regulation 70(5);

• “40 GHz assignment stage options list” has the meaning given in regulation 70(5);

• “40 GHz base price” has the meaning given in regulation 60(3);

• “40 GHz licence” has the meaning given in regulation 102(a);

• “40 GHz lot winner” has the meaning given in regulation 69(c);

• “40 GHz lot additional price” has the meaning given in regulation 74;

• “additional deposit” has the meaning given in regulation 13;

• “additional price” means the 40 GHz lot additional price, the 26 GHz lower lot first period additional price, the 26 GHz upper lot first period additional price or the 26 GHz lot second period additional price;

• “all or nothing set of bids to decrease demand” shall be construed in accordance with regulation 30;

• “applicant” means a body corporate making an application for a licence;

• “applicant group” means in relation to an applicant—

  1. (a)

     that applicant;

  2. (b)

     each associate of that applicant; and

  3. (c)

     each person in respect of whom the applicant has delivered to OFCOM a completed document in the form set out in Schedule 3;

• “assignment stage” has the meaning given in regulation 15;

• “assignment stage bid” means a 40 GHz assignment stage bid, a 26 GHz lot second period assignment stage bid, a 26 GHz lower assignment stage bid or a 26 GHz upper assignment stage bid;

• “assignment stage form” shall be construed in accordance with regulation 92;

• “assignment stage option” means a 40 GHz assignment stage option, a 26 GHz lot second period assignment stage option, a 26 GHz lower assignment stage option or a 26 GHz upper assignment stage option;

• “associate” means, in relation to an applicant or bidder, a person who has a material interest in that applicant or bidder;

• “authorised person” means a person specified by an applicant in its application as authorised to bind that applicant for all purposes relating to the award process;

• “auction system” means the online system established by OFCOM for bidders to participate in the award process or such other electronic or manual system which OFCOM may substitute;

• “bidder” means an applicant which has qualified to bid in the award process and which has not withdrawn from the award process on or before the last day for withdrawal;

• “bidder group” shall be construed in accordance with regulation 6(3);

• “clock price” has the meaning given in regulation 26;

• “confidential information” means, in relation to any applicant or bidder, any information which is not in the public domain and which, if it were made public or disclosed to another applicant (or potential applicant) or bidder or a member of their respective applicant or bidder group, would be likely to affect decisions that such other applicant (or potential applicant) or bidder may make in relation to the award process;

• “current eligibility capacity” shall be construed in accordance with regulation 42;

• “current excess demand” shall be construed in accordance with regulation 40;

• “currently selected demand” shall be construed in accordance with regulation 39;

• “currently used eligibility points” shall be construed in accordance with regulation 42;

• “deadline”, in relation to any requirement imposed on any person by or under these Regulations, means (as the case may require)—

  1. (a)

     the time;

  2. (b)

     the date; or

  3. (c)

     the date, and the time on that date;

  by which that requirement must be fulfilled by that person;

• “designated areas” means the areas of the United Kingdom described as being high density areas in the OFCOM publication “mmWave Spectrum Access Licences: High Density Areas”^f1;

• “eligibility limit” means, in relation to a bidder, a number of eligibility points which limits the bids that may be made by the bidder in a principal stage round;

• “eligibility rule” shall be construed in accordance with regulation 50;

• “excess demand” means the number determined by OFCOM in accordance with regulations 24 and 49;

• “first period” means the period from the grant of the licence until 30th June 2029;

• “financial exposure” shall be construed in accordance with regulation 55(2);

• “GHz” means gigahertz;

• “grant stage” has the meaning given in regulation 15;

• “initial deposit” shall be construed in accordance with regulation 4(3)(b);

• “last day for withdrawal” has the meaning given in regulation 11;

• “licence” means a wireless telegraphy licence to be granted pursuant to these Regulations to establish or use a wireless telegraphy station or install or use wireless telegraphy apparatus (within designated areas) at frequencies comprised in one or more of the 26 GHz lots or 40 GHz lots to be determined in accordance with the procedure set out in these Regulations;

• “material interest” means, whether held directly or indirectly, any interest (construed in accordance with sections 820 to 825 of the Companies Act 2006)^f2 in—

  1. (a)

     any share which carries, or any shares which together carry, more than twenty-five per cent of the votes entitled to be cast at a general meeting of the applicant or bidder; or

  2. (b)

     any share or shares in the case where the consent of the holder of that share or those shares is required for the conduct of any business of the applicant or bidder; or

  3. (c)

     the right to appoint or remove a majority of the applicant’s or bidder’s board of directors;

• “most recent round” means the principal stage round that has most recently ended;

• “notified posted demand number” shall be construed in accordance with regulation 25(c);

• “OFCOM” means the Office of Communications;

• “OFCOM’s bank account” means the bank account nominated by OFCOM for the purposes of the award process, details of which are published on their website;

• “opening price” has the meaning given in regulation 26;

• “posted demand number” means the number determined for each bidder for each lot type in accordance with regulations 22(2), 46 or 47;

• “posted price” in respect of any lot type means the price determined in accordance with regulations 23 or 48;

• “pounds” means pounds sterling;

• “price level” is a price expressed in whole thousands of pounds;

• “principal stage” has the meaning given in regulation 15;

• “principal stage bid” shall be construed in accordance with regulation 17;

• “principal stage round” shall be construed in accordance with regulation 16;

• “ranking list” has the meaning given in regulation 35;

• “required final principal stage deposit” shall be construed in accordance with regulation 64;

• “required first assignment stage round deposit” has the meaning given in regulation 98;

• “required second assignment stage round deposit” has the meaning given in regulation 99;

• “required third assignment stage round deposit” has the meaning given in regulation 100;

• “round” means a period of time specified by OFCOM during which bidders may make bids in accordance with the procedure set out in these Regulations;

• “second period” means the period (partially overlapping with the first period) after 1st January 2029 until the date of expiry of the licence;

• “set of bids to decrease demand” has the meaning given in regulation 30(13);

• “set of bids to increase demand” has the meaning given in regulation 29(3);

• “set of bids to maintain demand” has the meaning given in regulation 28(2);

• “simple set of bids to decrease demand” shall be construed in accordance with regulation 30;

• “target number” shall be construed in accordance with regulation 27(2);

• “time period for bidding” means, in relation to any round, the times when the auction system is open for submission of bids;

• “total 26 GHz lower base price” has the meaning given in regulation 61(1);

• “total 26 GHz upper base price” has the meaning given in regulation 61(2);

• “total 40 GHz base price” has the meaning given in regulation 61(3);

• “total auction sum” shall be construed in accordance with regulation 113;

• “total base price” has the meaning given in regulation 61(4);

• “valid 26 GHz lot second period assignment stage bid” shall be construed in accordance with regulation 88(4);

• “valid 26 GHz lower assignment stage bid” shall be construed in accordance with regulation 77(4);

• “valid 26 GHz upper assignment stage bid” shall be construed in accordance with regulation 82(4);

• “valid 40 GHz assignment stage bid” shall be construed in accordance with regulation 72(4);

• “valid assignment stage bid” means a valid 26 GHz lower assignment stage bid, a valid 26 GHz upper assignment stage bid, a valid 26 GHz lot second period assignment stage bid and a 40 GHz assignment stage bid;

• “valid assignment stage form” shall be construed in accordance with regulation 94;

• “winning bidder for 26 GHz lower lots” means a bidder who made bids for 26 GHz lower lots which became winning principal stage bids in accordance with regulations 59;

• “winning bidder for 26 GHz upper lots” means a bidder who made bids for 26 GHz upper lots which became winning principal stage bids in accordance with regulations 59;

• “winning bidder for 40 GHz lots” means a bidder who made bids for 40 GHz lots which became winning principal stage bids in accordance with regulations 59; and

• “winning principal stage bidder” means a bidder which won lots in the principal stage.

A reference in these Regulations to a “a 26 GHz lot”, a “26 GHz lower lot”, a “26 GHz upper lot”, or a “40 GHz lot” shall be construed in accordance with Schedule 1.

A reference in these Regulations to a “lot”, “type of lot” or “lot type” shall be construed in accordance with Schedule 1.

A reference in these Regulations to a numbered 26 GHz lot, a numbered 40 GHz lot or a “block” of such lots shall be construed in accordance with Schedule 1.