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The Wireless Telegraphy (Licence Award) Regulations 2018

Type Statutory-Instrument
Publication 2018-01-24
Last updated 2018-02-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Assignment stage form

71
  • (1) OFCOM shall provide each winning bidder with an assignment stage form.
  • (2) To bid in the assignment stage round, a bidder must specify on the assignment stage form—
  • (a) the bidder's 2.3 GHz assignment stage bids, if any, in accordance with regulation 74; and
  • (b) the bidder's 3.4 GHz assignment stage bids, if any, in accordance with regulation 80.
  • (3) An assignment stage form is a valid assignment stage form if—
  • (a) the bidder has complied with regulations 74(1) and 74(2) or regulations 80(1) and 80(2) in respect of all assignment stage bids specified on the form; and
  • (b) the bidder has submitted the form in accordance with regulation 86 or 87.
  • (4) Where a bidder submits an assignment stage form which is not a valid assignment stage form, OFCOM shall, after the end of the assignment stage round, notify the bidder of that fact and shall give the reasons why the assignment stage form is not a valid assignment stage form.

CHAPTER 4 — 2.3 GHz frequency assignments determined by bidding

Bidding for numbered 2.3 GHz lots in the assignment stage

72
  • (1) A 2.3 GHz assignment stage bid shall be a bid for one or more licences that authorise the use of frequencies corresponding to the particular numbered 2.3 GHz lots comprised in a block of numbered 2.3 GHz lots.
  • (2) OFCOM shall determine which blocks of numbered 2.3 GHz lots a bidder may bid for, and notify that bidder of its determination.
  • (3) The list of possible blocks of numbered 2.3 GHz lots provided to each bidder may be different for each bidder.
  • (4) The list shall be known as the “2.3 GHz assignment stage option list” and each block of 2.3 GHz lots in that list shall be known as a “2.3 GHz assignment stage option”.

Preparing a 2.3 GHz assignment stage option list for each bidder

73
  • (1) OFCOM shall determine which 2.3 GHz assignment stage options shall be included in the 2.3 GHz assignment stage option list for each bidder which is eligible to bid in accordance with regulation 70.
  • (2) A bidder's 2.3 GHz assignment stage options shall be each of those blocks of numbered 2.3 GHz lots which satisfy the following conditions—
  • (a) the number of 2.3 GHz lots contained in the block is equal to the number of that bidder's winning principal stage bids for 2.3 GHz lots; and
  • (b) if that bidder were assigned the 2.3 GHz lots contained in the block the following conditions would be satisfied—
  • (i) each other bidder could be assigned 2.3 GHz lots contained in a block that, in respect of that other bidder's winning principal stage bids for 2.3 GHz lots, satisfies the condition in sub-paragraph (a); and
  • (ii) the 2.3 GHz lots not assigned to that bidder or any other bidder would form a single block of numbered 2.3 GHz lots.

2.3 GHz assignment stage bids

74
  • (1) In order to bid for a 2.3 GHz assignment stage option, a bidder must, on the assignment stage form, specify an amount in whole thousands of pounds that it is willing to pay, in addition to the total 2.3 GHz base price A and the total 2.3 GHz base price B for that bidder's winning principal stage bids for 2.3 GHz lots, for one or more licences that authorise the use of the frequencies corresponding to the block of numbered 2.3 GHz lots that is the 2.3 GHz assignment stage option.
  • (2) A bidder may make no more than one 2.3 GHz assignment stage bid for each 2.3 GHz assignment stage option.
  • (3) A bidder is not required to make a 2.3 GHz assignment stage bid.
  • (4) A 2.3 GHz assignment stage bid is a valid 2.3 GHz assignment stage bid if—
  • (a) the bid is specified on a valid assignment stage form; and
  • (b) the bidder has paid the full sum of the required assignment stage deposit by the deadline specified by OFCOM.
  • (5) Where a bidder does not make a valid 2.3 GHz assignment stage bid for a 2.3 GHz assignment stage option that bidder will be deemed to have made a valid 2.3 GHz assignment stage bid with a value of zero pounds for that 2.3 GHz assignment stage option.

Determination of the winning 2.3 GHz assignment stage bids

75
  • (1) OFCOM shall determine the winning 2.3 GHz assignment stage bids in accordance with this regulation after the deadline for paying the required assignment stage deposit under regulation 89.
  • (2) The winning 2.3 GHz assignment stage bids shall be those valid 2.3 GHz assignment stage bids that comprise the winning combination of valid 2.3 GHz assignment stage bids.
  • (3) The winning combination of valid 2.3 GHz assignment stage bids shall be the valid combination of 2.3 GHz assignment stage bids having the highest total value of amounts bid.
  • (4) A combination of valid 2.3 GHz assignment stage bids is a valid combination of 2.3 GHz assignment stage bids if—
  • (a) within that combination there is one valid 2.3 GHz assignment stage bid from each winning bidder for 2.3 GHz lots;
  • (b) each of those valid 2.3 GHz assignment stage bids is for a 2.3 GHz assignment stage option as determined by OFCOM for the bidder;
  • (c) no numbered 2.3 GHz lot is included in more than one of the 2.3 GHz assignment stage bids included in the combination of valid 2.3 GHz assignment stage bids; and
  • (d) the numbered 2.3 GHz lots not included in that combination of valid 2.3 GHz assignment stage bids, taken together, form a single block of numbered 2.3 GHz lots.
  • (5) Where there is more than one valid combination of 2.3 GHz assignment stage bids for which the total value is equal highest, OFCOM shall employ a method of random selection from amongst those valid combinations of 2.3 GHz assignment stage bids for which the value is equal highest to determine the winning combination of valid 2.3 GHz assignment stage bids.

Determination of 2.3 GHz additional prices

76

In respect of each winning 2.3 GHz assignment stage bid, OFCOM shall determine an amount in whole pounds (“2.3 GHz additional price”) which shall be payable by the relevant winning bidder in accordance with Schedule 5.

CHAPTER 5 — 3.4 GHz frequency assignments determined by bidding

Bidding for numbered 3.4 GHz lots in the assignment stage

77
  • (1) A 3.4 GHz assignment stage bid shall be a bid for one or more licences that authorise the use of the frequencies corresponding to the particular numbered 3.4 GHz lots comprised in a block or pair of blocks of numbered 3.4 GHz lots.
  • (2) OFCOM shall determine the blocks and pairs of blocks of numbered 3.4 GHz lots a bidder may bid for, and notify that bidder of its determination.
  • (3) The list of possible blocks and pairs of blocks of numbered 3.4 GHz lots provided to each bidder may be different for each bidder.
  • (4) The list shall be known as the “3.4 GHz assignment stage option list” and each block or pair of blocks of numbered 3.4 GHz lots in that list shall be known as a “3.4 GHz assignment stage option”.

Preparing a 3.4 GHz assignment stage option list for each bidder if the pre-existing licence holder is a bidder and did apply for a replacement licence

78
  • (1) This regulation applies where the pre-existing licence holder is a bidder and did apply for a replacement licence.
  • (2) The 3.4 GHz assignment stage options for the pre-existing licence holder which applied for a replacement licence shall be each of those blocks of numbered 3.4 GHz lots which satisfy the following conditions—
  • (a) the number of 3.4 GHz lots contained in the block is equal to the sum of the number of 3.4 GHz lots won by the pre-existing licence holder as a consequence of bidding in the principal stage (the “additional 3.4 GHz lots”), if any, and the number eight; and
  • (b) if the pre-existing licence holder were assigned the 3.4 GHz lots contained in the block the following conditions would be satisfied—
  • (i) each other bidder could be assigned the number of 3.4 GHz lots, contained in a block, that is equal to the number of that other bidder's winning principal stage bids for 3.4 GHz lots; and
  • (ii) the 3.4 GHz lots not assigned to the pre-existing licence holder or any other bidder (the “leftover 3.4 GHz lots”) would form a single block of numbered 3.4 GHz lots.
  • (3) The 3.4 GHz assignment stage options for a bidder which is not the pre-existing licence holder shall be each of those blocks of numbered 3.4 GHz lots which satisfy the following conditions—
  • (a) the number of 3.4 GHz lots contained in the block is equal to the number of that bidder's winning principal stage bids for 3.4 GHz lots; and
  • (b) if that bidder were assigned the 3.4 GHz lots contained in the block the following conditions would be satisfied—
  • (i) subject to sub-paragraph (ii), each other bidder could be assigned the number of 3.4 GHz lots, contained in a block, that is equal to the number of that other bidder's winning principal stage bids for 3.4 GHz lots;
  • (ii) the pre-existing licence holder could be assigned the number of 3.4 GHz lots, contained in a block, that is equal to the sum of the number of additional 3.4 GHz lots, if any, and the number eight; and
  • (iii) the leftover 3.4 GHz lots would form a single block of numbered 3.4 GHz lots.

Preparing a 3.4 GHz assignment stage option list for each bidder if the pre-existing licence holder is not a bidder or is a bidder but did not apply for a replacement licence

79
  • (1) This regulation applies where the pre-existing licence holder—
  • (a) is not a bidder; or
  • (b) is a bidder but did not apply for a replacement licence.
  • (2) A bidder's 3.4 GHz assignment stage options shall be each of those blocks of numbered 3.4 GHz lots which satisfy the following conditions—
  • (a) the number of 3.4 GHz lots contained in the block is equal to the number of that bidder's winning principal stage bids for 3.4 GHz lots;
  • (b) the block does not contain the 3.4 GHz lots numbered 15 to 18 and 35 to 38; and
  • (c) if that bidder were assigned the 3.4 GHz lots contained in the block the following conditions would be satisfied—
  • (i) each other bidder could be assigned 3.4 GHz lots contained in a block that, in respect of that other bidder's winning principal stage bids for 3.4 GHz lots, satisfies the conditions in sub-paragraphs (a) and (b); and
  • (ii) the leftover 3.4 GHz lots are contained in at most two blocks of numbered 3.4 GHz lots, where one of those blocks is located in the lower 3.4 GHz frequency range and the other block is located in the upper 3.4 GHz frequency range.
  • (3) If there are no 3.4 GHz assignment stage options which satisfy the conditions set out in paragraph (2), then the bidder's 3.4 GHz assignment stage options shall be each of those blocks or pairs of blocks of numbered 3.4 GHz lots which satisfy the following conditions—
  • (a) the number of 3.4 GHz lots contained in the block or pair of blocks is equal to the number of that bidder's winning principal stage bids for 3.4 GHz lots;
  • (b) the block or pair of blocks does not contain the 3.4 GHz lots numbered 15 to 18 and 35 to 38;
  • (c) where the number of the bidder's winning principal stage bids for 3.4 GHz lots is less than eight, the numbered 3.4 GHz lots contained in the option together form a single block of numbered 3.4 GHz lots;
  • (d) where the number of the bidder's winning principal stage bids for 3.4 GHz lots is eight or more, the numbered 3.4 GHz lots contained in the option are included in at most two blocks of numbered 3.4 GHz lots, where—
  • (i) one of those blocks is located in the lower 3.4 GHz frequency range and the other block is located in the upper 3.4 GHz frequency range; and
  • (ii) the number of 3.4 GHz lots contained in each of the two separate blocks of numbered 3.4 GHz lots is at least four; and
  • (e) if that bidder were assigned the 3.4 GHz lots contained in the block or pair of blocks, the following conditions would be satisfied—
  • (i) each other bidder could be assigned 3.4 GHz lots contained in a block or pair of blocks that, in respect of that other bidder's winning principal stage bids for 3.4 GHz lots, satisfies the conditions in sub-paragraphs (a) to (d);
  • (ii) the number of separate blocks of numbered 3.4 GHz lots assigned to all bidders considered together is no more than necessary to meet the conditions set out in sub-paragraphs (a) to (e)(i); and
  • (iii) the leftover 3.4 GHz lots are contained in at most two blocks of numbered 3.4 GHz lots, where one of those blocks is located in the lower 3.4 GHz frequency range and the other block is located in the upper 3.4 GHz frequency range.
  • (4) If there are no 3.4 GHz assignment stage options which satisfy the conditions set out in paragraph (2) or (3) above, then the bidder's 3.4 GHz assignment stage options shall be each of those blocks or pairs of blocks of numbered 3.4 GHz lots which satisfy the following conditions—
  • (a) the number of 3.4 GHz lots contained in the block or pair of blocks is equal to the number of that bidder's winning principal stage bids for 3.4 GHz lots;
  • (b) the block or pair of blocks does not contain the 3.4 GHz lots numbered 15 to 18 and 35 to 38;
  • (c) the numbered 3.4 GHz lots are included in at most two separate blocks of numbered 3.4 GHz lots, where one of those blocks is located in the lower 3.4 GHz frequency range and the other block is located in the upper 3.4 GHz frequency range; and
  • (d) if that bidder were assigned the 3.4 GHz lots contained in the block or pair of blocks, the following conditions would be satisfied—
  • (i) each other bidder could be assigned 3.4 GHz lots contained in a block or pair of blocks that, in respect of that other bidder's winning principal stage bids for 3.4 GHz lots, satisfies the conditions in sub-paragraphs (a) to (c);
  • (ii) the number of separate blocks of numbered 3.4 GHz lots assigned to all bidders considered together is no more than necessary to meet the conditions set out in sub-paragraphs (a) to (d)(i); and
  • (iii) the leftover 3.4 GHz lots are contained in at most two blocks of numbered 3.4 GHz lots, where one of those blocks is located in the lower 3.4 GHz frequency range and the other block is located in the upper 3.4 GHz frequency range.

3.4 GHz assignment stage bids

80
  • (1) In order to bid for a 3.4 GHz assignment stage option, a bidder must, on the assignment stage form, specify an amount in whole thousands of pounds that it is willing to pay, in addition to the total 3.4 GHz base price A and the total 3.4 GHz base price B for that bidder's winning principal stage bids for 3.4 GHz lots, for one or more licences that authorise the use of the frequencies corresponding to the block or pair of blocks of numbered 3.4 GHz lots that is the 3.4 GHz assignment stage option.
  • (2) A bidder may make no more than one 3.4 GHz assignment stage bid for each 3.4 GHz assignment stage option.
  • (3) A bidder is not required to make a 3.4 GHz assignment stage bid.
  • (4) A 3.4 GHz assignment stage bid is a valid 3.4 GHz assignment stage bid if—
  • (a) the bid is specified on a valid assignment stage form; and
  • (b) the bidder has paid the full sum of the required assignment stage deposit by the deadline specified by OFCOM.
  • (5) Where a bidder does not make a valid 3.4 GHz assignment stage bid for a 3.4 GHz assignment stage option that bidder will be deemed to have made a valid 3.4 GHz assignment stage bid with a value of zero pounds for that 3.4 GHz assignment stage option.

Determination of the winning 3.4 GHz assignment stage bids

81
  • (1) OFCOM shall determine the winning 3.4 GHz assignment stage bids in accordance with this regulation, regulation 82 and regulation 83 after the deadline for paying the required assignment stage deposit.
  • (2) The winning 3.4 GHz assignment stage bids shall be those valid 3.4 GHz assignment stage bids that comprise the winning combination of valid 3.4 GHz assignment stage bids.
  • (3) The winning combination of valid 3.4 GHz assignment stage bids shall be the valid combination of 3.4 GHz assignment stage bids, determined in accordance with regulation 82 or regulation 83, having the highest total value of amounts bid.
  • (4) Where there is more than one valid combination of 3.4 GHz assignment stage bids for which the total value is equal highest, OFCOM shall employ a method of random selection from amongst those valid combinations of 3.4 GHz assignment stage bids for which the value is equal highest to determine the winning combination of valid 3.4 GHz assignment stage bids.

Valid combinations of 3.4 GHz assignment stage bids where the pre-existing licence holder is a bidder and did apply for a replacement licence

82
  • (1) This regulation applies where the pre-existing licence holder is a bidder and did apply for a replacement licence.
  • (2) A combination of valid 3.4 GHz assignment stage bids is a valid combination of 3.4 GHz assignment stage bids if—
  • (a) within that combination there is one valid 3.4 GHz assignment stage bid from each winning bidder for 3.4 GHz lots;
  • (b) each of those valid 3.4 GHz assignment stage bids is for a 3.4 GHz assignment stage option as determined by OFCOM for the bidder under regulation 78;
  • (c) no numbered 3.4 GHz lot is included in more than one of the 3.4 GHz assignment stage bids included in the combination of valid 3.4 GHz assignment stage bids; and
  • (d) the numbered 3.4 GHz lots not included in that combination of valid 3.4 GHz assignment stage bids together form a single block of numbered 3.4 GHz lots.

Valid combinations of 3.4 GHz assignment stage bids where the pre-existing licence holder is not a bidder or is a bidder but did not apply for a replacement licence

83
  • (1) This regulation applies where the pre-existing licence holder—
  • (a) is not a bidder; or
  • (b) is a bidder but did not apply for a replacement licence.
  • (2) A combination of valid 3.4 GHz assignment stage bids is a valid combination of 3.4 GHz assignment stage bids if—
  • (a) within that combination there is one valid 3.4 GHz assignment stage bid from each winning bidder for 3.4 GHz lots;
  • (b) each of those valid 3.4 GHz assignment stage bids is for a 3.4 GHz assignment stage option as determined by OFCOM for the bidder under regulation 79;
  • (c) no numbered 3.4 GHz lot is included in more than one of the 3.4 GHz assignment stage options included in the combination of valid 3.4 GHz assignment stage bids; and
  • (d) the numbered 3.4 GHz lots not included in that combination of valid assignment stage bids together form at most one single block of numbered 3.4 GHz lots in the lower 3.4 GHz frequency range and at most one single block of numbered 3.4 GHz lots in the upper 3.4 GHz frequency range.

Determination of 3.4 GHz additional prices

84

In respect of each winning 3.4 GHz assignment stage bid, OFCOM shall determine an amount in whole pounds (“3.4 GHz additional price”) which shall be payable by the relevant winning bidder in accordance with Schedule 6.

CHAPTER 6 — Procedure and further deposit for assignment stage

Notice to bidders before the assignment stage round

85

Before the start of the assignment stage round, OFCOM shall notify each bidder that may make an assignment stage bid in the assignment stage round of—

  • (a) the 2.3 GHz and 3.4 GHz assignment stage options that are available to that bidder in the assignment stage round; and
  • (b) the date on which, and the times on that date within which, the assignment stage round will take place.

Submission of assignment stage form to OFCOM

86
  • (1) A bidder must submit the completed assignment stage form to OFCOM by using the electronic auction system, except as provided for in regulation 87.
  • (2) The completed assignment stage form must be received by OFCOM by the time notified to bidders under regulation 85(b) as the end of the assignment stage round.

Alternative method for submission of assignment stage form

87
  • (1) Where OFCOM are satisfied that a bidder is unable to submit an assignment stage form by using the electronic auction system because of technical failure (or an event or circumstance with similar effect on the bidder's ability to use the electronic auction system), OFCOM shall notify the bidder of an alternative method of submitting the assignment stage form and any requirements relating to the authentication of communications made by means of the alternative method.
  • (2) The bidder must submit the assignment stage form by means of the alternative method and must comply with any requirements which have been notified to it under paragraph (1) relating to the authentication of communications.

Incomplete or defective assignment stage form

88
  • (1) Where, due to the manner of completion, an assignment stage form is incomplete or defective but OFCOM believe that they can ascertain the bidder's intention in relation to the making of assignment stage bids, OFCOM shall ask the bidder to confirm in a notice to OFCOM by a deadline specified by OFCOM that OFCOM have correctly ascertained the bidder's intention in relation to the making of assignment stage bids.
  • (2) Where the bidder confirms in a notice given to OFCOM by the deadline which is signed by two authorised persons that OFCOM have correctly ascertained the bidder's intention, the assignment stage form in its entirety shall be accepted by OFCOM on that basis.
  • (3) Where the bidder does not give such confirmation, the assignment stage form in its entirety shall be rejected by OFCOM and none of the assignment stage bids made on that assignment stage form shall be valid, and regulation 74(5) or regulation 80(5) shall apply.

Required assignment stage deposit

89
  • (1) A further sum in pounds must be paid into OFCOM's bank account, with accompanying information which identifies the bidder, by a deadline specified by OFCOM (the “required assignment stage deposit”).
  • (2) The required assignment stage deposit shall be an amount such that the total amount that the bidder has on deposit is not less than the amount which is the sum of—
  • (a) the bidder's total 2.3 GHz base price A;
  • (b) the bidder's total 3.4 GHz base price A;
  • (c) one half of the bidder's total 2.3 GHz base price B;
  • (d) one half of the bidder's total 3.4 GHz base price B;
  • (e) the amount which is the bidder's highest 2.3 GHz assignment stage bid for a 2.3 GHz assignment stage option; and
  • (f) the amount which is the bidder's highest 3.4 GHz assignment stage bid for a 3.4 GHz assignment stage option.

Notification of results of the assignment stage

90

After the determination of the winning assignment stage bids, and the determination of the additional price for each winning assignment stage bid, OFCOM shall notify each winning bidder of—

  • (a) the 2.3 GHz and 3.4 GHz assignment stage options for which the bidder made winning assignment stage bids; and
  • (b) the additional price determined for each winning assignment stage bid made by the bidder.

PART 8 — Grant Stage

CHAPTER 1 — Licences available, the determination of licence fees and the precise frequencies for particular licences

Interpretation

91

In these Regulations—

  • (a) a “2.3 GHz licence” is a licence that authorises the use of particular frequencies corresponding to a block of such number of 2.3 GHz lots as that bidder won in accordance with regulation 38;
  • (b) a “2.3 GHz withdrawn lot licence” is a licence that authorises the use of particular frequencies corresponding to a block of such number of 2.3 GHz lots as that bidder won in accordance with regulation 39 (following the withdrawal of standing high bid status);
  • (c) a “3.4 GHz licence” is a licence that authorises the use of particular frequencies corresponding to a block or pair of blocks (as the case may be) of such number of 3.4 GHz lots as that bidder won in accordance with regulation 38;
  • (d) a “3.4 GHz withdrawn lot licence” is a licence that authorises the use of particular frequencies corresponding to a block or pair of blocks (as the case may be) of such number of 3.4 GHz lots as that bidder won in accordance with regulation 40 (following the withdrawal of standing high bid status).

Determination of licences, licence fees and frequencies associated with particular licences

92

After notification of the results of the assignment stage under regulation 90, OFCOM shall determine—

  • (a) the licences which may be granted; and
  • (b) for each licence—
  • (i) the licence fee payable to OFCOM, in accordance with regulations 94 to 98; and
  • (ii) the particular frequencies, in accordance with regulations 99 to 101.

Licences which may be granted under this award process

93

The licences which may be granted to a bidder under this award process are—

  • (a) for a bidder which won 2.3 GHz lots in accordance with regulation 38, a 2.3 GHz licence;
  • (b) for a bidder which won 2.3 GHz lots in accordance with regulation 39, a 2.3 GHz withdrawn lot licence;
  • (c) for a bidder which won 3.4 GHz lots in accordance with regulation 38, a 3.4 GHz licence;
  • (d) for a bidder which won 3.4 GHz lots in accordance with regulation 40, a 3.4 GHz withdrawn lot licence; and
  • (e) where the pre-existing licence holder is a bidder and did apply for a replacement licence, a replacement licence.

Licence fee payable by a winning bidder for a 2.3 GHz licence

94

The licence fee payable by a winning bidder for a 2.3 GHz licence shall be an amount equal to the sum of—

  • (a) that bidder's total 2.3 GHz base price A; and
  • (b) that bidder's 2.3 GHz additional price.

Licence fee payable by a winning bidder for a 2.3 GHz withdrawn lot licence

95

The licence fee payable by a winning bidder for a 2.3 GHz withdrawn lot licence shall be an amount equal to the sum of—

  • (a) that bidder's total 2.3 GHz base price B; and
  • (b) except where that bidder also won 2.3 GHz lots in accordance with regulation 38, that bidder's 2.3 GHz additional price.

Licence fee payable by a winning bidder for a 3.4 GHz licence

96

The licence fee payable by a winning bidder for a 3.4 GHz licence shall be an amount equal to the sum of—

  • (a) that bidder's total 3.4 GHz base price A; and
  • (b) that bidder's 3.4 GHz additional price.

Licence fee payable by a winning bidder for a 3.4 GHz withdrawn lot licence

97

The licence fee payable by a winning bidder for a 3.4 GHz withdrawn lot licence shall be an amount equal to the sum of—

  • (a) that bidder's total 3.4 GHz base price B; and
  • (b) except where that bidder also won 3.4 GHz lots in accordance with regulation 38, that bidder's 3.4 GHz additional price.

Licence fee payable by the pre-existing licence holder for a replacement licence

98

The licence fee payable by the pre-existing licence holder for a replacement licence shall be—

  • (a) where the pre-existing licence holder does not win any additional 3.4 GHz lots in the principal stage, the amount which is the pre-existing licence holder's 3.4 GHz additional price; or
  • (b) where the pre-existing licence holder won additional 3.4 GHz lots in the principal stage, zero pounds.

Particular frequencies to be included in 2.3 GHz licences and 2.3 GHz withdrawn lot licences

99
  • (1) Where a winning bidder won 2.3 GHz lots in accordance with either regulation 38 or 39 (but not both), any 2.3 GHz licence or 2.3 GHz withdrawn lot licence granted to that bidder shall authorise the use of the frequencies corresponding to the 2.3 GHz assignment stage option for which the bidder made the winning 2.3 GHz assignment stage bid (“2.3 GHz winning option”).
  • (2) Where a winning bidder won 2.3 GHz lots in accordance with both regulations 38 and 39—
  • (a) the 2.3 GHz licence granted to that bidder shall authorise the use of the frequencies corresponding to the block which—
  • (i) includes such number of lots as won in accordance with regulation 38; and
  • (ii) comprises the higher frequencies included in that bidder's 2.3 GHz winning option; and
  • (b) the 2.3 GHz withdrawn lot licence granted to that bidder shall authorise the use of the frequencies corresponding to the block which—
  • (i) includes such number of lots as won in accordance with regulation 39; and
  • (ii) comprises the lower frequencies included in that bidder's 2.3 GHz winning option.

Particular frequencies to be included in 3.4 GHz licences and 3.4 GHz withdrawn lot licences granted to a winning bidder where the pre-existing licence holder is not a bidder or where the pre-existing licence holder is a bidder but did not apply for a replacement licence

100
  • (1) This regulation applies in respect of the grant of a 3.4 GHz licence or a 3.4 GHz withdrawn lot licence to—
  • (a) each winning bidder for 3.4 GHz lots other than the pre-existing licence holder; and
  • (b) where it is a bidder and did not apply for a replacement licence but makes one or more winning principal stage bids for 3.4 GHz lots, the pre-existing licence holder.
  • (2) Where a winning bidder to which this regulation applies won 3.4 GHz lots in accordance with either regulation 38 or 40 (but not both), any 3.4 GHz licence or 3.4 GHz withdrawn lot licence granted to that bidder shall authorise the use of the frequencies corresponding to the 3.4 GHz assignment stage option for which the bidder made the winning 3.4 GHz assignment stage bid (“3.4 GHz winning option”).
  • (3) Where a winning bidder to which this regulation applies won 3.4 GHz lots in accordance with both regulations 38 and 40—
  • (a) the 3.4 GHz licence granted to that bidder shall authorise the use of the frequencies corresponding to the block or pair of blocks which—
  • (i) includes such number of lots as won in accordance with regulation 38; and
  • (ii) comprises the higher frequencies included in that bidder's 3.4 GHz winning option; and
  • (b) the 3.4 GHz withdrawn lot licence granted to that bidder shall authorise the use of the frequencies corresponding to the block or pair of blocks which—
  • (i) includes such number of lots as won in accordance with regulation 40; and
  • (ii) comprises the lower frequencies included in that bidder's 3.4 GHz winning option.

Particular frequencies to be included in any 3.4 GHz licence, 3.4 GHz withdrawn lot licence and replacement licence granted to the pre-existing licence holder where it is a bidder and did apply for a replacement licence

101
  • (1) This regulation applies in respect of the grant to the pre-existing licence holder of a 3.4 GHz licence, a 3.4 GHz withdrawn lot licence and a replacement licence under this award process where that pre-existing licence holder is a bidder and did apply for a replacement licence.
  • (2) Where the pre-existing licence holder to which this regulation applies did not win any additional 3.4 GHz lots in the principal stage, any replacement licence granted to that pre-existing licence holder shall authorise the use of 40 MHz corresponding to its 3.4 GHz winning option.
  • (3) Where the pre-existing licence holder to which this regulation applies won 3.4 GHz lots in accordance with either regulation 38 or 40 (but not both)—
  • (a) the replacement licence granted to that pre-existing licence holder shall authorise the use of 40 MHz corresponding to the block which comprises the higher frequencies included in that pre-existing licence holder's 3.4 GHz winning option; and
  • (b) the 3.4 GHz licence or 3.4 GHz withdrawn lot licence granted to that pre-existing licence holder shall authorise the use of the frequencies corresponding to the block of additional 3.4 GHz lots which comprises the lower frequencies included in the pre-existing licence holder's 3.4 GHz winning option.
  • (4) Where the pre-existing licence holder to which this regulation applies won 3.4 GHz lots in accordance with both regulations 38 and 40—
  • (a) the replacement licence granted to that pre-existing licence holder shall authorise the use of 40 MHz corresponding to the block which comprises the higher frequencies included in that pre-existing licence holder's 3.4 GHz winning option;
  • (b) the 3.4 GHz licence granted to that pre-existing licence holder shall authorise the use of the frequencies corresponding to the block which—
  • (i) includes such number of lots as won in accordance with regulation 38; and
  • (ii) comprises the frequencies immediately below the block included in the replacement licence referred to in sub-paragraph (a); and
  • (c) the 3.4 GHz withdrawn lot licence granted to that pre-existing licence holder shall authorise the use of the frequencies corresponding to the block which—
  • (i) includes such number of lots as won in accordance with regulation 40; and
  • (ii) comprises the lower frequencies included in that pre-existing licence holder's 3.4 GHz winning option.

CHAPTER 2 — Withdrawn lot licences

Acceptance or refusal of the withdrawn lot licence

102
  • (1) Following the determination by OFCOM of the licences which may be granted to each winning bidder, each winning bidder's licence fees and particular frequencies, OFCOM shall notify each bidder that won 2.3 GHz lots or 3.4 GHz lots in accordance with regulations 39 or 40 (following the withdrawal of standing high bid status) of—
  • (a) the licence fee payable by that bidder to OFCOM in respect of its withdrawn lot licences, as determined in accordance with regulations 95 and 97; and
  • (b) the particular frequencies the use of which would be authorised by those withdrawn lot licences, as determined in accordance with regulations 99 to 101.
  • (2) Each winning bidder so notified by OFCOM must, by a deadline specified by OFCOM, indicate whether or not it wishes to accept the withdrawn lot licences.
  • (3) Where a winning bidder has won both 2.3 GHz lots and 3.4 GHz lots in accordance with regulations 39 and 40, that bidder must indicate either—
  • (a) that it wishes to accept withdrawn lot licences for both lot types; or
  • (b) that it does not wish to accept withdrawn lot licences for both lot types.
  • (4) Where a winning bidder does not notify OFCOM in accordance with paragraphs (2) and (3), that bidder shall be deemed to have indicated that it does not wish to accept any withdrawn lot licences.

Refusal payment for withdrawn lot licences

103
  • (1) Where a winning bidder has indicated that it does not wish to accept any withdrawn lot licences in accordance with regulation 102, OFCOM shall determine the amount payable by that bidder in respect of the withdrawn lot licences that it has refused (“refusal payment”) in accordance with paragraph (2).
  • (2) The refusal payment shall be an amount equal to the sum of—
  • (a) the 2.3 GHz refusal payment, which is the amount payable by a winning bidder in respect of any 2.3 GHz withdrawn lot licence that it does not wish to accept, determined in accordance with paragraph (3); and
  • (b) the 3.4 GHz refusal payment, which is the amount payable by a winning bidder in respect of any 3.4 GHz withdrawn lot licence that it does not wish to accept, determined in accordance with paragraph (4).
  • (3) The amount referred to in paragraph (2)(a) shall be an amount equal to the sum of—
  • (a) one half of that bidder's total 2.3 GHz base price B; and
  • (b) except where that bidder also wins 2.3 GHz lots in accordance with regulation 38, that bidder's 2.3 GHz additional price.
  • (4) The amount referred to in paragraph (2)(b) shall be an amount equal to the sum of—
  • (a) one half of that bidder's total 3.4 GHz base price B; and
  • (b) except where that bidder also wins 3.4 GHz lots in accordance with regulation 38, that bidder's 3.4 GHz additional price.

CHAPTER 3 — Total auction sum

Determination of the total auction sum payable by winning bidders to OFCOM

104
  • (1) Following the determination of the refusal payment (if any), OFCOM shall determine the total auction sum payable by each winning bidder in accordance with paragraph (2).
  • (2) The total auction sum payable by a winning bidder shall be the sum of—
  • (a) for that winning bidder's 2.3 GHz licence (if any), the licence fee determined in accordance with regulation 94;
  • (b) in respect of that winning bidder's 2.3 GHz withdrawn lot licence (if any) —
  • (i) the licence fee determined in accordance with regulation 95; or
  • (ii) where that bidder has indicated that it does not wish to accept any withdrawn lot licences in accordance with regulation 102, the 2.3 GHz refusal payment determined in accordance with regulation 103(3);
  • (c) for that winning bidder's 3.4 GHz licence (including for a 3.4 GHz licence for additional 3.4 GHz lots (if any)), the licence fee determined in accordance with regulation 96; and
  • (d) in respect of that winning bidder's 3.4 GHz withdrawn lot licence (including for a 3.4 GHz withdrawn lot licence for additional 3.4 GHz lots (if any)) —
  • (i) the licence fee determined in accordance with regulation 97; or
  • (ii) where that bidder has indicated that it does not wish to accept any withdrawn lot licences in accordance with regulation 102, the 3.4 GHz refusal payment determined in accordance with regulation 103(4); and
  • (e) for that winning bidder's replacement licence (if any), the licence fee determined in accordance with regulation 98.

Notification of the total auction sum payable by winning bidders to OFCOM

105

Following the determination of the total auction sum payable by each winning bidder to OFCOM, OFCOM shall notify each winning bidder of the total auction sum payable by that winning bidder to OFCOM.

Further payment where the amount of a winning bidder's deposit is less than its total auction sum

106

Where, after the notification given in accordance with regulation 105, the total amount that a winning bidder has on deposit is an amount that is less than the total auction sum payable by that bidder to OFCOM, the bidder must, by a deadline specified by OFCOM, pay into OFCOM's bank account, with accompanying information which identifies the bidder, the sum in pounds which is the difference between such amount and the amount the bidder has on deposit.

CHAPTER 4 — Grant of licences

Entitlement to the grant of licences

107
  • (1) Where, following the passing of the deadline under regulation 106, the total amount that a winning bidder has on deposit is an amount that is equal to or more than the total auction sum payable by that bidder to OFCOM, OFCOM shall grant to that bidder the relevant licences referred to in regulation 108.
  • (2) Subject to paragraph (3), where, following the passing of the deadline under regulation 106, the amount of the deposit of a winning bidder remains less than the total auction sum payable by that bidder to OFCOM, that bidder—
  • (a) shall not be entitled to the grant of any licences under these Regulations and shall not receive a refund of any sum which the bidder has paid as a deposit under these Regulations which shall (where not already forfeited) be forfeited, together with any interest which has accrued on that deposit; and
  • (b) shall remain liable to pay the amount which is the difference (if any) between—
  • (i) the amount which is the total auction sum payable by that bidder to OFCOM; and
  • (ii) the amount the bidder has on deposit.
  • (3) Where—
  • (a) the pre-existing licence holder applies for a replacement licence; and
  • (b) following the passing of the deadline under regulation 106, the amount of the deposit of the pre-existing licence holder remains less than the total auction sum payable by the pre-existing licence holder to OFCOM,

Grant of licences

108

The licences referred to in regulation 107(1) are—

  • (a) where the winning bidder won 2.3 GHz lots in accordance with regulation 38, a 2.3 GHz licence which authorises the use of the frequencies determined in accordance with regulation 99;
  • (b) where the winning bidder won 2.3 GHz lots in accordance with regulation 39 (following the withdrawal of standing high bid status) and has indicated that it wishes to accept a 2.3 GHz withdrawn lot licence, a 2.3 GHz withdrawn lot licence which authorises the use of the frequencies determined in accordance with regulation 99;
  • (c) where the winning bidder won 3.4 GHz lots in accordance with regulation 38, a 3.4 GHz licence which authorises the use of the frequencies determined in accordance with regulation 100 or 101;
  • (d) where the winning bidder won 3.4 GHz lots in accordance with regulation 40 (following the withdrawal of standing high bid status) and has indicated that it wishes to accept a 3.4 GHz withdrawn lot licence, a 3.4 GHz withdrawn lot licence which authorises the use of the frequencies determined in accordance with regulation 100 or 101; and
  • (e) where the winning bidder concerned is the pre-existing licence holder, and the pre-existing licence holder did apply for a replacement licence, a replacement licence which authorises the use of the frequencies determined in accordance with regulation 101.

CHAPTER 5 — Completion of the award process

Refunds

109

Where, following the grant of licences, the total amount a bidder has on deposit at that time is an amount that is greater than the total auction sum payable by that bidder to OFCOM, OFCOM shall refund to that bidder a sum in pounds which is the difference between—

  • (a) the amount which is the total auction sum payable by that bidder to OFCOM (if any); and
  • (b) the amount the bidder has on deposit.

Notification to bidders following the grant of licences

110

Following the grant of licences and the refund (if any) of deposits, OFCOM shall notify each winning bidder of the names of all of the persons to whom licences were granted, and, in relation to each of them—

  • (a) the frequencies in respect of which the licences were granted; and
  • (b) the licence fees paid, indicating the total base prices and the additional prices.

Completion of the award process

111

OFCOM shall complete the award process by publishing on OFCOM's website—

  • (a) the names of the winning bidders to whom licences were granted, and, in relation to each of them—
  • (i) the frequencies in respect of which the licences were granted; and
  • (ii) the licence fees paid;
  • (b) the names of the winning bidders that did not wish to accept withdrawn lot licences and, in relation to each of them—
  • (i) the frequencies in respect of which, if the withdrawn lot licences had been accepted, those withdrawn lot licences would have been granted; and
  • (ii) the refusal payment paid.
  • (c) the names of any winning bidders who, following the passing of the deadline under regulation 106, had an amount on deposit which is less than the total auction sum payable by them to OFCOM, and, in relation to each of them—
  • (i) the frequencies in respect of which, if they held on deposit an amount equal to the total auction sum, licences would have been granted; and
  • (ii) the total auction sum payable to OFCOM; and
  • (d) details of all valid principal stage bids, valid withdrawals of standing high bid status, valid assignment stage bids made by each bidder, and occurrences of an eligibility event in respect of each bidder.

PART 9 — Activity rules

Forfeit of deposit and exclusion from award process

112

If, in relation to an applicant which is qualified to bid or a bidder, OFCOM are satisfied that any of the events set out in regulation 115 are occurring (or have occurred) and that the occurrence would materially affect the outcome of the award process or would affect that bidder's 2.3 GHz bid limit or overall bid constraint—

  • (a) any sum paid as a deposit under these Regulations shall be forfeited (together with any interest which has accrued on the deposit) by, and not refunded to, the applicant or bidder concerned; and
  • (b) that applicant or bidder may also be excluded from the award process by OFCOM giving that applicant or bidder notice in writing.

Bids made by an excluded bidder

113
  • (1) Subject to regulation 114, where a bidder is excluded from the award process under regulation 112 during the principal stage, OFCOM shall determine whether it should disregard the bids (and other bidding indications made on its principal stage form) made in any principal stage rounds prior to the exclusion, in order to have a fair and efficient outcome to the award process.
  • (2) Where OFCOM determine that it is appropriate to disregard the bids (and other bidding indications) made in any principal stage rounds—
  • (a) it shall notify bidders of the rounds for which it has determined to disregard the bids (and other bidding indications); and
  • (b) resume the award process from the start of the principal stage round after the round for which bids are not disregarded under sub-paragraph (a), or, where all bids are to be disregarded under that sub-paragraph, to rerun the award process from the start of the first principal stage round.
  • (3) Subject to regulation 114, where a bidder is excluded from the award process under regulation 112 during the assignment stage—
  • (a) OFCOM shall determine whether it should disregard the bids (and other bidding indications) made in any principal stage round prior to the exclusion in accordance with paragraphs (1) and (2); and
  • (b) all of the assignment stage bids made by the bidder shall not be taken into consideration for the purposes of determining—
  • (i) the winning assignment stage bids under regulations 75 and 81;
  • (ii) the additional price payable by a winning bidder under regulations 76 and 84.

Exclusion of the pre-existing licence holder

114
  • (1) Where the pre-existing licence holder applies for a replacement licence and is excluded from the award process under regulation 26(8) or 112 during the principal or assignment stage, OFCOM shall disregard the bids (and other bidding indications made on its principal stage form) made in all principal and assignment stage rounds and rerun the award process from the start of the first principal stage round.
  • (2) Where OFCOM reruns the award process from the start of the first principal stage round in accordance with paragraph (1) above, the pre-existing licence holder shall not participate in the principal stage or the assignment stage of that award process and shall be deemed to have not applied for a replacement licence in that award process.
  • (3) Where a pre-existing licence holder has applied for a replacement licence but is excluded from the award process under these Regulations, OFCOM will notify the other bidders of that fact.

Events

115
  • (1) The events referred to in regulation 112 are the events in paragraph (2) and the events in paragraph (3).
  • (2) Events in relation to an applicant or bidder are—
  • (a) the submission to OFCOM of any information in connection with the award process which is false or misleading;
  • (b) any member of that applicant's or bidder's bidder group colluding or attempting to collude with another person to distort the outcome of the award process;
  • (c) any member of that applicant's or bidder's bidder group acting in a way which is likely to distort the outcome of the award process;
  • (d) any member of that applicant's or bidder's bidder group, or any person to whom confidential information has been disclosed, disclosing, or attempting to disclose, or inciting another person to disclose, any confidential information, whether directly or indirectly, to any person, except where the disclosure is—
  • (i) to OFCOM;
  • (ii) to a member of that applicant's or bidder's bidder group;
  • (iii) to a provider of finance for the purpose of raising finance for a bid; or
  • (iv) to a person for the purpose of enabling that person to decide whether to participate as a member of the applicant's or bidder's bidder group;
  • (e) any member of that applicant's or bidder's bidder group obtaining or attempting to obtain confidential information relating to another applicant or bidder;
  • (f) any member of that applicant's or bidder's bidder group receiving or attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process;
  • (g) any person who is a member or a director or employee of a member of that applicant's or bidder's bidder group and also a director or employee of a member of another bidder group—
  • (i) taking part in the preparation of both bidder groups for participation in the award process; or
  • (ii) receiving confidential information relating to both bidder groups;
  • (h) a member of that applicant's or bidder's bidder group is or becomes a member of another applicant's or bidder's bidder group; and
  • (i) a change occurring in the membership of that applicant's or bidder's bidder group from that notified to OFCOM in its application except as a result of—
  • (i) a person ceasing to be a member of that bidder group;
  • (ii) a person joining that bidder group under the procedure in regulation 10(3); or
  • (iii) a person becoming an associate through merger or acquisition activity provided that such activity is not for a purpose related to the award process.
  • (3) Events in relation to a bidder (but not an applicant) are—
  • (a) a change, after OFCOM has recorded that bidder's existing spectrum holdings under regulation 19, to the existing spectrum holdings of a bidder or, in relation to the bidder, any person referred to in regulation 4(3)(a)(iii) except insofar as the change is a divestment of a part of or the whole of the existing spectrum holdings; and
  • (b) any person which has existing spectrum holdings which was not at the time OFCOM recorded the bidder's existing spectrum holdings under regulation 19 a person referred to in regulation 4(3)(a)(iii) becoming such a person during the award process.

PART 10 — MISCELLANEOUS

General power of exclusion

116

OFCOM may, at any time, notify any applicant or bidder of its exclusion from the award process, if required to do so by any direction given by the Secretary of State to OFCOM under section 5 of the Communications Act 2003 or if, after OFCOM's determination under regulation 12(1) (and notwithstanding that determination), in their opinion the applicant or bidder is not a fit and proper person to hold a licence.

Notification to OFCOM

117

If, in accordance with any provision of these Regulations, an applicant or bidder is required, or wishes, to notify OFCOM of any fact or circumstance, it must do so by notice in writing which is marked for the attention of the OFCOM personnel who are specified by OFCOM for that purpose on OFCOM's website and must deliver that notice to OFCOM—

  • (a) by electronic mail to an electronic mail address dedicated to the award process which is published by OFCOM on their website;
  • (b) by personal delivery to Riverside House, 2a Southwark Bridge Road, London, SE1 9HA; or
  • (c) by fax to a number dedicated to the award process which is published by OFCOM on their website.

Changes to timing or location

118
  • (1) Subject to regulations 119 and 120, paragraph (2) applies where OFCOM determine that it is impracticable for any reason—
  • (a) for any document which is to be delivered to OFCOM under these Regulations to be delivered at the place specified or by the deadline specified under these Regulations; or
  • (b) for any action which is required to be undertaken in accordance with these Regulations to be completed by the deadline specified.
  • (2) Where this paragraph applies, OFCOM shall take reasonable steps to notify applicants or bidders that—
  • (a) delivery must be made on a different day or within different times on that day or at a different place; and
  • (b) the action must be completed on a different day or by a different deadline.

Changes to round times and use of electronic auction system

119
  • (1) Where a time for the start of a round has been notified to bidders and OFCOM determine that it is impracticable for any reason to start the round at that time, OFCOM shall take reasonable steps to notify bidders of a revised time for the start of the round.
  • (2) Where a time for the end of a round has been notified to bidders and OFCOM determine that it is impracticable for any reason for the round to end at that time, OFCOM shall take reasonable steps to notify bidders of a revised time for the end of the round.
  • (3) Where OFCOM determine that it is impracticable for any reason to use the electronic auction system for any of the purposes specified in Parts 6 and 7 of these Regulations, OFCOM shall take reasonable steps to notify bidders of an alternative method of participating in the award process and any requirements relating to the authentication of communications made by means of the alternative method.
  • (4) Bidders must use the alternative method of participating in the award process in accordance with a notification under paragraph (3).

Rerunning rounds

120
  • (1) Paragraph (2) applies where a round is in progress and OFCOM determine that it is not possible to continue the round because of technical failure (or an event or circumstance with similar effect on the continuation of the round).
  • (2) Where this paragraph applies, OFCOM shall—
  • (a) take reasonable steps to notify bidders of its determination under paragraph (1);
  • (b) disregard the bids (and other bidding indications) made in that round; and
  • (c) resume the award process from the end of the most recent round.
  • (3) Paragraph (4) applies where OFCOM determine that it is not possible to continue the award process in accordance with the provisions of Parts 6 and 7 of these Regulations because of technical failure (or an event or circumstance with similar effect on the continuation of the award process).
  • (4) Where this paragraph applies, OFCOM shall—
  • (a) determine the rounds for which bids (and other bidding indications) made in those rounds should be disregarded in order to have a fair and efficient outcome to the award process;
  • (b) take reasonable steps to notify bidders of its determinations under paragraph (3) and sub-paragraph (a); and
  • (c) resume the award process from the end of the latest round for which bids (and other bidding indications) are not disregarded under sub-paragraph (a), or, where all bids (and other bidding indications) are to be disregarded under that sub-paragraph, to rerun the award process from the start of the first principal stage round.

Refunds

121

OFCOM may, in such cases as they think fit, refund, in whole or in part, sums which have been paid to them in accordance with any provision of these Regulations.

Deposits

122

In determining under these Regulations the amount that an applicant or bidder has on deposit OFCOM shall disregard any sum forfeited under these Regulations and any interest which may have accrued on any deposit.

SCHEDULE 1 — Lots

In these Regulations—

  • (a) “2.3 GHz lot” means any of the four numbered 2.3 GHz lots listed in Column (1) of Table 1 comprising the frequencies listed in the corresponding entry in Column (2) of the same table;
  • (b) “3.4 GHz lot” means any of the thirty-eight 3.4 GHz lots listed in Column (1) of Table 2 comprising the frequencies listed in the corresponding entry in Column (2) of the same table;
  • (c) “lot” means a 2.3 GHz lot or a 3.4 GHz lot;
  • (d) a reference to “lot type” shall be construed as a reference to either of the two different lot types in paragraphs (a) and (b);
  • (e) a reference to a numbered 2.3 GHz lot or a numbered 3.4 GHz lot means the lot with that number in Column (1) of Table 1 or Table 2 (as the case may be);
  • (f) a reference to a “block” of numbered 2.3 GHz lots or numbered 3.4 GHz lots is to be construed as a reference to a block of sequentially numbered lots;
  • (g) a reference to the “lower 3.4 GHz frequency range” shall be construed as a reference to the block of 3.4 GHz lots numbered 1 to 14 listed in Column (1) of Table 2 comprising the frequencies listed in the corresponding entry in Column (2) of the same table; and
  • (h) a reference to the “upper 3.4 GHz frequency range” shall be construed as a reference to the block of 3.4 GHz lots numbered 19 to 34 listed in Column (1) of Table 2 comprising the frequencies listed in the corresponding entry in Column (2) of the same table.
Column 1 2.3 GHz lots Column 2 Frequencies (MHz)
2.3 GHz lot 1 2350–2360
2.3 GHz lot 2 2360–2370
2.3 GHz lot 3 2370–2380
2.3 GHz lot 4 2380–2390
Column 1 3.4 GHz lots Column 2 Frequencies (MHz)
--- ---
3.4 GHz lot 1 3410–3415
3.4 GHz lot 2 3415–3420
3.4 GHz lot 3 3420–3425
3.4 GHz lot 4 3425–3430
3.4 GHz lot 5 3430–3435
3.4 GHz lot 6 3435–3440
3.4 GHz lot 7 3440–3445
3.4 GHz lot 8 3445–3450
3.4 GHz lot 9 3450–3455
3.4 GHz lot 10 3455–3460
3.4 GHz lot 11 3460–3465
3.4 GHz lot 12 3465–3470
3.4 GHz lot 13 3470–3475
3.4 GHz lot 14 3475–3480
3.4 GHz lot 15 3480–3485
3.4 GHz lot 16 3485–3490
3.4 GHz lot 17 3490–3495
3.4 GHz lot 18 3495–3500
3.4 GHz lot 19 3500–3505
3.4 GHz lot 20 3505–3510
3.4 GHz lot 21 3510–3515
3.4 GHz lot 22 3515–3520
3.4 GHz lot 23 3520–3525
3.4 GHz lot 24 3525–3530
3.4 GHz lot 25 3530–3535
3.4 GHz lot 26 3535–3540
3.4 GHz lot 27 3540–3545
3.4 GHz lot 28 3545–3550
3.4 GHz lot 29 3550–3555
3.4 GHz lot 30 3555–3560
3.4 GHz lot 31 3560–3565
3.4 GHz lot 32 3565–3570
3.4 GHz lot 33 3570–3575
3.4 GHz lot 34 3575–3580
3.4 GHz lot 35 3580–3585
3.4 GHz lot 36 3585–3590
3.4 GHz lot 37 3590–3595
3.4 GHz lot 38 3595–3600

SCHEDULE 2 — Application form and warranty

1. Details of the applicant

Provide the following details for the applicant—

Applicant’s full name

Registered number of company

Registered office of company

Bank sort code and account number

Name of individual contact within applicant

Contact address (if different from registered office)

Contact telephone number

Contact mobile telephone number

Contact fax number

Contact electronic mail address

2. Authorised persons

Provide details of the name and position in the applicant of at least three and no more than five persons, each of whom has authority to bind the applicant for all purposes relating to the award process. Also provide a specimen signature of each of these persons.

3. Directors or members of managing body

Provide the name and job title of each of the directors of the applicant or each of the members of the managing body of the applicant.

4. Applicant group

Provide the names of the applicant’s associates (as defined in the Wireless Telegraphy (Licence Award) Regulations 2018 (“the Regulations”)) and for each provide details of their material interest (as defined in the Regulations) in the applicant.

5. Qualification to bid

In relation to the determination by the Office of Communications (“OFCOM”) under regulation 12 of the Regulations—

  • (a) provide details of any reason why the applicant may not be a fit and proper person to hold a licence;
  • (b) state whether any member of the applicant’s applicant group has colluded, or attempted to collude, or is colluding or attempting to collude, with another person to distort the outcome of the award process and provide a description of any such collusion;
  • (c) state whether any member of the applicant’s applicant group has acted or is acting in a way which is likely to distort the outcome of the award process and provide a description of any such actions;
  • (d) state whether any member of the applicant’s applicant group, or any person to whom confidential information has been disclosed, has disclosed, or is disclosing or attempting to disclose or has incited or is inciting another person to disclose, any confidential information, whether directly or indirectly, to any person, and provide a description of the circumstances of any disclosure and the information disclosed, except where the disclosure—
  • (i) is or was to a member of the applicant’s applicant group;
  • (ii) is or was to OFCOM;
  • (iii) is or was to a provider of finance for the purpose of raising finance for the applicant’s application; or
  • (iv) is or was to a person for the purpose of enabling that person to decide whether to participate as a member of the applicant’s bidder group;
  • (e) state whether any member of the applicant’s applicant group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant and provide a description of any such circumstances;
  • (f) state whether any member of the applicant’s applicant group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process and provide a description of the services concerned; and
  • (g) state whether (and provide a description of any circumstances in which) any person who is a member or a director or employee of a member of the applicant’s applicant group and also a director or employee of a member of another applicant group is—
  • (i) taking part in the preparation of both applicant groups for participation in the award process; or
  • (ii) receiving confidential information relating to both applicant groups.

6. Other information

Provide a brief description of the substance of—

  • (a) agreements (if any) relating to the management of the applicant; and
  • (b) any criminal investigations or proceedings in the United Kingdom or overseas of which the applicant is aware relating to the applicant or any member of its applicant group or its directors or officers.

7. Existing spectrum holdings

Confirm that the applicant has provided the details of existing spectrum holdings required under regulation 4(3)(a)(iii) of the Regulations.

8. Warranty

Provide the following warranty—

  • “[Insert name of applicant] (the “applicant”) represents and warrants to the Office of Communications that— the persons authorised in section 2 of this application have read and understood the Regulations, the terms of the licences to be granted under the Regulations, and the Wireless Telegraphy Act 2006; the applicant has the legal authority to participate in the award process under the Regulations and to have a licence granted to it, and has in place all necessary consents, permissions and internal approvals for this purpose; the information provided in, or in support of, the application is, to the best of the knowledge and belief of the applicant true, accurate and complete in all material respects; and the applicant is aware of the provisions in regulations 112 and 115 of the Regulations, including the provisions about disclosure of confidential information (as defined in the Regulations) and obtaining confidential information relating to another applicant or bidder and that any such activities may lead to forfeiture of sums on deposit and exclusion from the award process.”

9. 3.4 GHz minimum requirement selection

Specify a 3.4GHz minimum requirement selection: select one (and only one) of the following options—

  • a minimum requirement of two 3.4 GHz lots;
  • a minimum requirement of three 3.4 GHz lots;
  • a minimum requirement of four 3.4 GHz lots; or
  • no minimum requirement.

SCHEDULE 3 — Document for member of applicant's applicant group or bidder group who is not an associate

[Insert name of applicant or bidder] (the “applicant/bidder”) wishes to include [insert name and address of person to be included in applicant or bidder group who is not an associate] as a member of the applicant/bidder’s applicant or bidder group as defined in the Wireless Telegraphy (Licence Award) Regulations 2018 (“the Regulations”) for the purpose of the award process under the Regulations.

Under regulation 13 of the Regulations an applicant shall not be qualified to bid in the award process where a member of its bidder group is also a member of another applicant’s bidder group. Regulations 112 and 115 contain provisions on disclosure of confidential information (as defined in the Regulations) and obtaining confidential information relating to another applicant or bidder. Under the Regulations such activities may lead to forfeiture of sums on deposit and exclusion from the award process.

Applicant/bidder

In relation to regulations 13, 112 and 115 of the Regulations, the applicant/bidder represents and warrants to the Office of Communications (“OFCOM”) that so far as it is aware, having made all reasonable enquiries, [insert name of person to be included in applicant or bidder group who is not an associate] is not a member of any other applicant’s or bidder’s applicant or bidder group.

[Insert name of person to be included in applicant or bidder group who is not an associate]

[Insert name of person to be included in applicant or bidder group who is not an associate] represents and warrants to OFCOM that it—

  • (a) consents to be a member of the applicant/bidder’s applicant or bidder group;
  • (b) is not a member of any other applicant’s or bidder’s applicant or bidder group; and
  • (c) is aware of the provisions in regulations 112 and 115 of the Regulations about disclosure of confidential information (as defined in the Regulations) and obtaining confidential information relating to another applicant or bidder.

SCHEDULE 4 — Declaration to be made by the pre-existing licence holder

UK Broadband Limited hereby consents to the revocation of the pre-existing licence, as defined in The Wireless Telegraphy (Licence Award) Regulations 2018 (the “Regulations”), upon OFCOM granting a replacement licence, as defined in the Regulations, for a block of eight 3.4 GHz lots to UK Broadband Limited in accordance with the Regulations.

[signed by UK Broadband Limited]

SCHEDULE 5 — Determination of 2.3 GHz additional price

Additional price

1
  • (1) OFCOM shall determine an additional price for each winning 2.3 GHz assignment stage bid by imposition of the requirements that the additional prices must satisfy that are set out in paragraphs 2 to 5.
  • (2) Where an additional price so determined includes a fraction of a pound, the additional price shall be that price rounded up to the nearest whole pound.

First requirement

2

The additional price for each winning 2.3 GHz assignment stage bid shall be no less than zero and no more than the amount of that winning 2.3 GHz assignment stage bid.

Second requirement

3
  • (1) Taking the additional prices for the winning 2.3 GHz assignment stage bids together, the additional prices shall be such that if—
  • (a) the amount bid by each winning bidder for the 2.3 GHz assignment stage option selected in its winning 2.3 GHz assignment stage bid had been the additional price rather than the amount of its winning 2.3 GHz assignment stage bid (“reduced winning 2.3 GHz assignment stage bid”), and
  • (b) subject to sub-paragraph (2), the amount bid by each winning bidder in respect of each other valid 2.3 GHz assignment stage bid made by that bidder had been reduced by an amount equal to the difference between the amount of its winning 2.3 GHz assignment stage bid and the additional price for that relevant winning 2.3 GHz assignment stage bid,

Third requirement

4

Taking the additional prices for the winning 2.3 GHz assignment stage bids together, the total of those additional prices shall be no greater than the total of any other prices for the winning 2.3 GHz assignment stage bids that satisfy the requirements set out in paragraphs 2 and 3.

Fourth requirement

5
  • (1) Taking the additional prices for the winning 2.3 GHz assignment stage bids together, the opportunity cost variance of those additional prices calculated in accordance with sub-paragraph (2) shall be less than the opportunity cost variance, calculated in accordance with sub-paragraph (2), of any other prices for the winning 2.3 GHz assignment stage bids that satisfy the requirements set out in paragraphs 2 to 4.
  • (2) The opportunity cost variance (“OCVA”) of prices mentioned in sub-paragraph (1) is the amount calculated in accordance with the formula OCVA= ∑(pA-cA)²where—
  • (a) “pA” is the price for a winning 2.3 GHz assignment stage bid; and
  • (b) “cA” is the amount calculated in accordance with the formula set out in sub-paragraph (3) in respect of that winning 2.3 GHz assignment stage bid.
  • (3) The formula is cA = uA-tA+bAwhere—
  • (a) “uA” is the amount calculated in accordance with sub-paragraph (4);
  • (b) “tA” is the total amount of the winning 2.3 GHz assignment stage bids; and
  • (c) “bA” is the amount of the winning 2.3 GHz assignment stage bid for which pA is the price.
  • (4) The amount calculated in accordance with this sub-paragraph is the total amount of the valid combination of 2.3 GHz assignment stage bids or one of the valid combinations of 2.3 GHz assignment stage bids (as the case may be) having the highest total value of amounts bid where, for each 2.3 GHz assignment stage bid made by the winning bidder that submitted the winning 2.3 GHz assignment stage bid for which pA is the price, the amount of that 2.3 GHz assignment stage bid is treated as if it were zero for the purposes of this sub-paragraph.
  • (5) Where the amount of a 2.3 GHz assignment stage bid is treated as if it were zero in accordance with sub-paragraph (4), that 2.3 GHz assignment stage bid shall be treated as a valid 2.3 GHz assignment stage bid for the purposes of that sub-paragraph.

Interpretation

6

In this Schedule “valid combination of 2.3 GHz assignment stage bids” shall be construed in accordance with regulation 75.

SCHEDULE 6 — Determination of 3.4 GHz additional price

Additional price

1
  • (1) OFCOM shall determine an additional price for each winning 3.4 GHz assignment stage bid by imposition of the requirements that the additional prices must satisfy that are set out in paragraphs 2 to 5.
  • (2) Where an additional price so determined includes a fraction of a pound, the additional price shall be that price rounded up to the nearest whole pound.

First requirement

2

The additional price for each winning 3.4 GHz assignment stage bid shall be no less than zero and no more than the amount of that winning 3.4 GHz assignment stage bid.

Second requirement

3
  • (1) Taking the additional prices for the winning 3.4 GHz assignment stage bids together, the additional prices shall be such that if—
  • (a) the amount bid by each winning bidder for the 3.4 GHz assignment stage option selected in its winning 3.4 GHz assignment stage bid had been the additional price rather than the amount of its winning 3.4 GHz assignment stage bid (“reduced winning 3.4 GHz assignment stage bid”), and
  • (b) subject to sub-paragraph (2), the amount bid by each winning bidder in respect of each other valid 3.4 GHz assignment stage bid made by that bidder had been reduced by an amount equal to the difference between the amount of its winning 3.4 GHz assignment stage bid and the additional price for that relevant winning 3.4 GHz assignment stage bid,

Third requirement

4

Taking the additional prices for the winning 3.4 GHz assignment stage bids together, the total of those additional prices shall be no greater than the total of any other prices for the winning 3.4 GHz assignment stage bids that satisfy the requirements set out in paragraphs 2 and 3.

Fourth requirement

5
  • (1) Taking the additional prices for the winning 3.4 GHz assignment stage bids together, the opportunity cost variance of those additional prices calculated in accordance with sub-paragraph (2) shall be less than the opportunity cost variance, calculated in accordance with sub-paragraph (2), of any other prices for the winning 3.4 GHz assignment stage bids that satisfy the requirements set out in paragraphs 2 to 4.
  • (2) The opportunity cost variance (“OCVA”) of prices mentioned in sub-paragraph (1) is the amount calculated in accordance with the formula OCVA= ∑(pA-cA)²where—
  • (a) “pA” is the price for a winning 3.4 GHz assignment stage bid; and
  • (b) “cA” is the amount calculated in accordance with the formula set out in sub-paragraph (3) in respect of that winning 3.4 GHz assignment stage bid.
  • (3) The formula is cA = uA-tA+bAwhere—
  • (a) “uA” is the amount calculated in accordance with sub-paragraph (4);
  • (b) “tA” is the total amount of the winning 3.4 GHz assignment stage bids; and
  • (c) “bA” is the amount of the winning 3.4 GHz assignment stage bid for which pA is the price.
  • (4) The amount calculated in accordance with this sub-paragraph is the total amount of the valid combination of 3.4 GHz assignment stage bids or one of the valid combinations of 3.4 GHz assignment stage bids (as the case may be) having the highest total value of amounts bid where, for each 3.4 GHz assignment stage bid made by the winning bidder that submitted the winning 3.4 GHz assignment stage bid for which pA is the price, the amount of that 3.4 GHz assignment stage bid is treated as if it were zero for the purposes of this sub-paragraph.
  • (5) Where the amount of a 3.4 GHz assignment stage bid is treated as if it were zero in accordance with sub-paragraph (4), that 3.4 GHz assignment stage bid shall be treated as a valid 3.4 GHz assignment stage bid for the purposes of that sub-paragraph.

Interpretation

6

In this Schedule “valid combination of 3.4 GHz assignment stage bids” shall be construed in accordance with regulation 81.

SCHEDULE 7 — Frequency bands for existing immediately useable spectrum holdings

Frequency bands
791 to 821 MHz 832 to 862 MHz 880.1 to 914.9 MHz 925.1 to 959.9 MHz 1452 to 1492 MHz 1710.1 to 1781.7 MHz 1805.1 to 1876.7 MHz 1920.0 to 1979.7 MHz 2110.3 to 2169.7 MHz 2500 to 2570 MHz 2575 to 2595 MHz 2600 to 2615 MHz 2620 to 2690 MHz

SCHEDULE 8 — Frequency bands for existing overall spectrum holdings

Frequency bands
791 to 821 MHz 832 to 862 MHz 880.1 to 914.9 MHz 925.1 to 959.9 MHz 1452 to 1492 MHz 1710.1 to 1781.7 MHz 1805.1 to 1876.7 MHz 1920.0 to 1979.7 MHz 2110.3 to 2169.7 MHz 2500 to 2570 MHz 2575 to 2595 MHz 2600 to 2615 MHz 2620 to 2690 MHz 3480-3500 MHz 3580-3600 MHz

Signed

Philip Marnick — Group Director, Spectrum Group — 2018-01-24

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2006 c.36.

[^f00002]: 2006 c.46.

[^f00003]: These frequencies correspond to the 3.4 GHz lots numbered 15 to 18 and 35 to 38 in these Regulations.

[^f00004]: 2003 c.21.

[^f00005]: 2003 c.21.

In these Regulations—

  • (a) “2.3 GHz lot” means any of the four numbered 2.3 GHz lots listed in Column (1) of Table 1 comprising the frequencies listed in the corresponding entry in Column (2) of the same table;
  • (b) “3.4 GHz lot” means any of the thirty-eight 3.4 GHz lots listed in Column (1) of Table 2 comprising the frequencies listed in the corresponding entry in Column (2) of the same table;
  • (c) “lot” means a 2.3 GHz lot or a 3.4 GHz lot;
  • (d) a reference to “lot type” shall be construed as a reference to either of the two different lot types in paragraphs (a) and (b);
  • (e) a reference to a numbered 2.3 GHz lot or a numbered 3.4 GHz lot means the lot with that number in Column (1) of Table 1 or Table 2 (as the case may be);
  • (f) a reference to a “block” of numbered 2.3 GHz lots or numbered 3.4 GHz lots is to be construed as a reference to a block of sequentially numbered lots;
  • (g) a reference to the “lower 3.4 GHz frequency range” shall be construed as a reference to the block of 3.4 GHz lots numbered 1 to 14 listed in Column (1) of Table 2 comprising the frequencies listed in the corresponding entry in Column (2) of the same table; and
  • (h) a reference to the “upper 3.4 GHz frequency range” shall be construed as a reference to the block of 3.4 GHz lots numbered 19 to 34 listed in Column (1) of Table 2 comprising the frequencies listed in the corresponding entry in Column (2) of the same table.
Column 1 2.3 GHz lots Column 2 Frequencies (MHz)
2.3 GHz lot 1 2350–2360
2.3 GHz lot 2 2360–2370
2.3 GHz lot 3 2370–2380
2.3 GHz lot 4 2380–2390
Column 1 3.4 GHz lots Column 2 Frequencies (MHz)
--- ---
3.4 GHz lot 1 3410–3415
3.4 GHz lot 2 3415–3420
3.4 GHz lot 3 3420–3425
3.4 GHz lot 4 3425–3430
3.4 GHz lot 5 3430–3435
3.4 GHz lot 6 3435–3440
3.4 GHz lot 7 3440–3445
3.4 GHz lot 8 3445–3450
3.4 GHz lot 9 3450–3455
3.4 GHz lot 10 3455–3460
3.4 GHz lot 11 3460–3465
3.4 GHz lot 12 3465–3470
3.4 GHz lot 13 3470–3475
3.4 GHz lot 14 3475–3480
3.4 GHz lot 15 3480–3485
3.4 GHz lot 16 3485–3490
3.4 GHz lot 17 3490–3495
3.4 GHz lot 18 3495–3500
3.4 GHz lot 19 3500–3505
3.4 GHz lot 20 3505–3510
3.4 GHz lot 21 3510–3515
3.4 GHz lot 22 3515–3520
3.4 GHz lot 23 3520–3525
3.4 GHz lot 24 3525–3530
3.4 GHz lot 25 3530–3535
3.4 GHz lot 26 3535–3540
3.4 GHz lot 27 3540–3545
3.4 GHz lot 28 3545–3550
3.4 GHz lot 29 3550–3555
3.4 GHz lot 30 3555–3560
3.4 GHz lot 31 3560–3565
3.4 GHz lot 32 3565–3570
3.4 GHz lot 33 3570–3575
3.4 GHz lot 34 3575–3580
3.4 GHz lot 35 3580–3585
3.4 GHz lot 36 3585–3590
3.4 GHz lot 37 3590–3595
3.4 GHz lot 38 3595–3600

1. Details of the applicant

Provide the following details for the applicant—

Applicant's full name

Registered number of company

Registered office of company

Bank sort code and account number

Name of individual contact within applicant

Contact address (if different from registered office)

Contact telephone number

Contact mobile telephone number

Contact fax number

Contact electronic mail address

2. Authorised persons

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