Explanatory note

These Regulations make provision for a procedure for the grant of five wireless telegraphy licences authorising the use of apparatus at specified frequencies for the provision of Third Generation, a mobile communications system supporting services beyond the capability of the current Global Standard for Mobile Communications system.

Regulation 4(1) provides that applications for the grant of the licences shall only be made in accordance with a procedure which is set out in a notice issued by the Secretary of State. Regulation 4(2) provides for the matters which such a notice shall contain, including: a procedure for a body corporate to make an application to participate in a bidding procedure; criteria for determining whether an applicant is qualified to participate in a bidding procedure; criteria to determine which of any qualified applicants may bid for which of the licences; a procedure to determine which of any qualified applicants who are associated with each other, as determined in accordance with specified criteria, may participate in a bidding procedure; provision for the payment of deposits, including provision for the payment of interest on deposits and the circumstances in which such deposits may not be refunded; procedures for submitting bids for the licences, including the determination of reserve prices and of minimum and maximum bids; further conditions which, following completion of the bidding procedures, must be satisfied before a licence is issued; methods of payment for the licences, including the provision of a guarantee in respect of deferred licence fees; provision for the other terms and limitations subject to which the licences are to be issued; provision for the other conditions with which participants must comply to participate, or continue to participate, in the procedures specified in the notice.

Regulations 4(3) provides for publication of the notice on the Radiocommunication Agency’s Internet website.

Regulation 5 provides that the Secretary of State may, in such cases as he thinks fit, refund fees paid to him for one or more of the licences.