The Wireless Telegraphy (Licence Award) Regulations 2025

These Regulations set out the procedure that will apply to the grant of wireless telegraphy licences at frequencies which are set out in Schedule 1.

To apply, a body corporate must deliver the documents required by regulation 4(3) to the Office of Communications (“OFCOM”) on a day specified by OFCOM. An initial deposit of one million pounds must be paid to OFCOM (regulation 4(3)(b)).

OFCOM will determine which applicants are fit to hold a licence, taking into account the matters set out in regulation 8(2). If not disqualified, and if there is no member of its bidder group which is also a member of another bidder group, an applicant shall be qualified to participate (regulation 9(1)).

After giving applicants an opportunity to withdraw, OFCOM will determine the number of bidders (regulation 12), an additional deposit may be paid (regulation 13) and OFCOM will determine an eligibility limit (a term defined in the Regulations) by reference to sums paid on deposit. This limits the bids that can be made.

The first stage, called the principal stage, involves one or more rounds of bidding. The lot prices for the first round are set out in regulation 20 and OFCOM will determine the lot prices for the second and each subsequent round (regulations 26).

Regulation 31 sets out the consequences if a bidder fails to submit bids within the time period for bidding.

The winning principal stage bids are determined by OFCOM in accordance with regulation 59 by reference to bids which are determined to have won lots in the principal stage (this is a defined term).

The second stage, called the assignment stage, is set out in Part 6. This procedure determines the frequencies which will be assigned to each winning bidder. This is determined through further rounds of bidding and winning bidders will be assigned particular frequencies.

The third stage, called the grant stage, is the procedure set out in Part 7. OFCOM will grant licences to winning bidders and refund any sums due to winning bidders.

If, in relation to an applicant which is qualified to bid or a bidder, OFCOM is satisfied that certain events are occurring or have occurred and that the occurrence would materially affect the outcome of the award process, the applicant or bidder concerned will forfeit sums on deposit held by OFCOM and may be excluded from the award process (regulation 121).

A full regulatory impact assessment of the effect of these Regulations is available on OFCOM’s website at www.ofcom.org.uk. Hard copies of this assessment can be obtained free of charge by writing to OFCOM at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA (tel. 020 7981 3000). Copies of this assessment have also been placed in the library of both Houses of Parliament.

Footnotes

[^f00001]: 2006 c. 36.

[^f00002]: Published by OFCOM on 11th November 2024.

[^f00003]: 2006 c. 46.

[^f00004]: 2003 c. 21.

[^f00005]: 2003 c. 21.