The Wireless Telegraphy (Licence Award) Regulations 2018

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.

Provide the names of all other members of the applicant group (as defined in the Regulations) in respect of which the applicant has completed a document in the form set out in Schedule 3 to the Regulations in accordance with regulation 4(3)(a)(ii) of the Regulations.

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—

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.

[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.

The applicant/bidder undertakes to inform OFCOM immediately if it becomes aware that [insert name of person to be included in applicant or bidder group who is not an associate]—

• (a) has ever been or becomes a member of any other applicant's or bidder's applicant or bidder group;

• (b) has ever been or becomes a subsidiary of a member of any other applicant's or bidder's applicant or bidder group during the award process; or

• (c) has ever obtained or ever obtains confidential information (as defined in the Regulations) relating to another applicant or bidder.

[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.

[Insert name of person to be included in applicant or bidder group who is not an associate] undertakes to OFCOM that it will immediately inform OFCOM and the applicant/bidder—

• (a) if it has ever been or becomes a member of any other applicant's or bidder's applicant or bidder group;

• (b) if it has ever been or becomes a subsidiary of a member of any other applicant's or bidder's applicant or bidder group during the award process; or

• (c) if it has ever obtained or if it ever obtains confidential information (as defined in the Regulations) relating to another applicant or bidder.

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]

Editorial notes

[^c22919281]: 2006 c.36.

[^c22919291]: 2006 c.46.

[^c22919301]: These frequencies correspond to the 3.4 GHz lots numbered 15 to 18 and 35 to 38 in these Regulations.

[^c22919311]: 2003 c.21.

[^c22919321]: 2003 c.21.

[^key-09cc9f6a246f5802fe3ad40aeabe45c2]: Regulations applied (1.2.2018) by The Wireless Telegraphy (Limitation of Number of Licences) Order 2018 (S.I. 2018/89), art. 2(2)