The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006

Regulation 5(3)(a)(i)

SCHEDULE 1 APPLICATION INFORMATION

Details of the applicant

1.  Provide the following details for the applicant —

• Applicant’s full name

• Registered number of company

• Registered office of company

• Applicant’s contact address (if different to registered office)

• Telephone number

• Fax number

• Electronic mail address

• Bank Sort Code and Account Number

Authorised persons

2.  Provide details of the name and position in the applicant of three 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.

Directors or members

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

Bidder group

4.  Provide the names of the applicant’s associates (as defined in the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006 (“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 bidder 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 5(3)(a)(iii) of the Regulations.

Qualification to bid

5.  In relation to the determination by the Office of Communications (“OFCOM”) under regulation 8 of the Regulations concerning whether or not to qualify the applicant to bid in the award process —

(a) provide details of any reason why the grant of a licence to the applicant may be prejudicial to the interests of national security;

(b) provide details of any reason why the applicant may not be a fit and proper person to hold a licence;

(c) state whether any member of the applicant’s bidder 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;

(d) state whether any member of the applicant’s bidder 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;

(e) state whether any member of the applicant’s bidder group, or any person to whom confidential information has been disclosed, has disclosed 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) was to a member of the applicant’s bidder group; or

(ii) was to OFCOM;

(f) state whether any member of the applicant’s bidder group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant and provide a description of any such circumstances;

(g) state whether any member of the applicant’s bidder 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

(h) state whether (and provide a description of any circumstances in which) any person who is a director or employee of a member of the applicant’s bidder group and also a director or employee of a member of another bidder group is —

(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.

Other information

6.  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 bidder group or its directors or officers.

Regulation 5(3)(a)(ii)

SCHEDULE 2 APPLICATION DOCUMENT

[Insert name of applicant] (the “applicant”) represents and warrants to the Office of Communications that —

(a) the persons authorised in section 2 of the applicant’s application have read and understood the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006 (“the Regulations”), the terms of the licence to be granted under the Regulations, the Wireless Telegraphy Act 1949 and the Wireless Telegraphy Act 1998;

(b) 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;

(c) 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

(d) the applicant is aware of the provisions in regulations 27 and 28 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.

Regulation 5(3)(a)(iii)

SCHEDULE 3 DOCUMENT FOR MEMBER OF APPLICANT'S 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 bidder group who is not an associate] as a member of the applicant/bidder’s bidder group as defined in the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006 (“the Regulations”) for the purpose of the award process under the Regulations.

Under regulation 8(2) 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 27 and 28 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

1.  In relation to regulations 8(2), 27 and 28 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 bidder group who is not an associate] is not a member of any other applicant’s or bidder’s bidder group.

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

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

(b) has ever been or becomes a subsidiary of a member of any other applicant’s or bidder’s 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 bidder group who is not an associate]

2.  [Insert name of person to be included in 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 bidder group;

(b) is not a member of any other applicant’s or bidder’s bidder group; and

(c) is aware of the provisions in regulations 27 and 28 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 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 bidder group;

(b) if it has ever been or becomes a subsidiary of a member of any other applicant’s or bidder’s 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.

Regulation 12(1)(a)

SCHEDULE 4 LICENCE SELECTION MENU

• Bidder’s full name:

• Bidder address:

• Telephone number:

• Fax number:

• E-mail address:

Regulation 16(a)

SCHEDULE 5 BIDDING MENU DOCUMENT

• Bidder’s full name:

• Bidder address:

• Telephone number:

• Fax number:

• E-mail address:

• Password allocated by the Office of Communications (“OFCOM”):

	Licence in respect of:	Bid amount (in words)	Bid amount (in figures)
1.	Frequency lot A:
2.	Frequency lot B:
3.	Frequency lot C:
4.	Frequency lot D:
5.	Frequency lots A and B:
6.	Frequency lots A and C:
7.	Frequency lots A and D:
8.	Frequency lots B and C:
9.	Frequency lots B and D:
10.	Frequency lots C and D:
11.	Frequency lots A, B and C:
12.	Frequency lots A, B and D:
13.	Frequency lots A, C and D:
14.	Frequency lots B, C and D:
15.	Frequency lots A, B, C and D:

Regulation 16(b)

SCHEDULE 6 BIDDER DOCUMENT

[Insert name of bidder] represents and warrants to the Office of Communications (“OFCOM”) that —

(a) all of the statements made in any document submitted to OFCOM under regulation 5(3)(a), 6(5)(b) or 7 of the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006 (“the Regulations”) are and remain true;

(b) it has complied with the Regulations and all requirements of OFCOM under the Regulations; and

(c) it has notified OFCOM in accordance with regulation 7 of the Regulations of any changes to its bidder group subsequent to its application.