The Wireless Telegraphy (Licence Award) Regulations 2018

1. Introductory Text

2. PART 1 Introductory

   1. 1. Citation, commencement, and extent

   2. 2. Interpretation

3. PART 2 Application stage

   1. 3. Applications for the grant of a licence

   2. 4. Application

   3. 5. Meaning of existing spectrum holdings

   4. 6. 3.4 GHz minimum requirement rule

   5. 7. Application for a replacement licence

4. PART 3 Qualification stage

   1. CHAPTER 1 Qualification

      1. 8. Notification of names of applicants and associates

      2. 9. Recording of applicant group members

      3. 10. Subsequent changes to bidder groups

      4. 11. Changes to existing spectrum holdings

      5. 12. Fitness to hold a licence

      6. 13. Qualification to participate in the award process

      7. 14. Publication of names of qualified applicants

      8. 15. Withdrawal of an application

      9. 16. Determination of number of bidders

   2. CHAPTER 2 Additional deposit and eligibility limit for the first principal stage round

      1. 17. Additional deposit before the first principal stage round

      2. 18. Determination of a bidder's eligibility limit for the first principal stage round

   3. CHAPTER 3 Recording of existing spectrum holdings, determination of the 2.3 GHz bid limit and overall bid constraints

      1. 19. Recording of existing spectrum holdings

      2. 20. Determination of the 2.3 GHz bid limits

      3. 21. Determination of overall bid constraints

5. PART 4 Award process

   1. 22. Principal stage, assignment stage and grant stage

6. PART 5 Participation by the pre-existing licence holder

   1. 23. Participation by the pre-existing licence holder where it is a bidder and has applied for a replacement licence

   2. 24. 3.4 GHz lots available in the award process

7. PART 6 The principal stage

   1. CHAPTER 1 Principal stage rounds, principal stage forms, principal stage bids and round prices

      1. 25. Principal stage rounds

      2. 26. Principal stage form

      3. 27. Principal stage bids

      4. 28. Number of principal stage rounds

      5. 29. Round prices for the first principal stage round

      6. 30. Determination of round prices for subsequent principal stage rounds

      7. 31. Round price for 2.3 GHz lots

      8. 32. Round price for 3.4 GHz lots

   2. CHAPTER 2 Assignment of standing high bid status

      1. 33. Assignment of standing high bid status by OFCOM after the end of each principal stage round

      2. 34. Process for assigning standing high bid status: ranking the bidders

      3. 35. Process for assigning standing high bid status: ranking the bids

      4. 36. Process for assigning standing high bid status: assigning standing high bid status to the bids

   3. CHAPTER 3 Winning principal stage bids and determination of base price

      1. 37. Determination of the winning principal stage bids

      2. 38. Bids with standing high bid status becoming winning principal stage bids

      3. 39. 2.3 GHz bids in respect of which standing high bid status was withdrawn becoming winning principal stage bids

      4. 40. 3.4 GHz bids in respect of which standing high bid status was withdrawn becoming winning principal stage bids

      5. 41. Determination of base price

      6. 42. Determination of total base price

   4. CHAPTER 4 Constraints for principal stage bids, withdrawals of standing high bid status and carrying forward an eligibility limit

      1. SECTION 1 Constraints for principal stage bids

         1. 43. Maximum number of principal stage bids for 2.3 GHz lots and 3.4 GHz lots

         2. 44. Overall bid constraint rule

         3. 45. Number of principal stage bids following assignment of standing high bid status

         4. 46. 3.4 GHz minimum requirement

      2. SECTION 2 Withdrawal of Standing High Bid Status

         1. 47. Withdrawal of standing high bid status

      3. SECTION 3 Request by a bidder to carry forward its eligibility limit

         1. 48. Request by a bidder to carry forward its eligibility limit

   5. CHAPTER 5 Eligibility

      1. 49. Eligibility rule

      2. 50. Determination of a bidder's eligibility limit

      3. 51. Eligibility points used by a bidder

      4. 52. Eligibility event

   6. CHAPTER 6 Deposit constraint

      1. 53. Deposit constraint on bidding

   7. CHAPTER 7 Information released during and following the principal stage

      1. 54. Notice to be given to bidders before each principal stage round

      2. 55. Notification of information to bidders after the end of each principal stage round

      3. 56. Publication of information at the end of each day during the principal stage

      4. 57. Notification of results of the principal stage to bidders

      5. 58. Publication of results of the principal stage

   8. CHAPTER 8 Procedure for principal stage

      1. 59. Submission of principal stage form to OFCOM

      2. 60. Alternative method for submission of principal stage form

      3. 61. Incomplete or defective principal stage form

      4. 62. Notification that principal stage form is not valid

   9. CHAPTER 9 Deposits during and following the principal stage

      1. 63. Deposits during the principal stage

      2. 64. Required final principal stage deposit

8. PART 7 Assignment stage

   1. CHAPTER 1 Assignment stage: Preliminary

      1. 65. Assignment stage

   2. CHAPTER 2 Assignment without bidding

      1. 66. Assignment of numbered 2.3 GHz lots without bidding

      2. 67. Assignment of numbered 3.4 GHz lots without bidding

   3. CHAPTER 3 Assignment by bidding

      1. 68. Assignment of numbered 2.3 GHz lots by bidding

      2. 69. Assignment of numbered 3.4 GHz lots by bidding

      3. 70. Assignment stage round

      4. 71. Assignment stage form

   4. CHAPTER 4 2.3 GHz frequency assignments determined by bidding

      1. 72. Bidding for numbered 2.3 GHz lots in the assignment stage

      2. 73. Preparing a 2.3 GHz assignment stage option list for each bidder

      3. 74. 2.3 GHz assignment stage bids

      4. 75. Determination of the winning 2.3 GHz assignment stage bids

      5. 76. Determination of 2.3 GHz additional prices

   5. CHAPTER 5 3.4 GHz frequency assignments determined by bidding

      1. 77. Bidding for numbered 3.4 GHz lots in the assignment stage

      2. 78. 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

      3. 79. 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

      4. 80. 3.4 GHz assignment stage bids

      5. 81. Determination of the winning 3.4 GHz assignment stage bids

      6. 82. 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

      7. 83. 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

      8. 84. Determination of 3.4 GHz additional prices

   6. CHAPTER 6 Procedure and further deposit for assignment stage

      1. 85. Notice to bidders before the assignment stage round

      2. 86. Submission of assignment stage form to OFCOM

      3. 87. Alternative method for submission of assignment stage form

      4. 88. Incomplete or defective assignment stage form

      5. 89. Required assignment stage deposit

      6. 90. Notification of results of the assignment stage

9. PART 8 Grant Stage

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

      1. 91. Interpretation

      2. 92. Determination of licences, licence fees and frequencies associated with particular licences

      3. 93. Licences which may be granted under this award process

      4. 94. Licence fee payable by a winning bidder for a 2.3 GHz licence

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

      6. 96. Licence fee payable by a winning bidder for a 3.4 GHz licence

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

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

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

      10. 100. 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

      11. 101. 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

   2. CHAPTER 2 Withdrawn lot licences

      1. 102. Acceptance or refusal of the withdrawn lot licence

      2. 103. Refusal payment for withdrawn lot licences

   3. CHAPTER 3 Total auction sum

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

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

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

   4. CHAPTER 4 Grant of licences

      1. 107. Entitlement to the grant of licences

      2. 108. Grant of licences

   5. CHAPTER 5 Completion of the award process

      1. 109. Refunds

      2. 110. Notification to bidders following the grant of licences

      3. 111. Completion of the award process

10. PART 9 Activity rules

    1. 112. Forfeit of deposit and exclusion from award process

    2. 113. Bids made by an excluded bidder

    3. 114. Exclusion of the pre-existing licence holder

    4. 115. Events

11. PART 10 MISCELLANEOUS

    1. 116. General power of exclusion

    2. 117. Notification to OFCOM

    3. 118. Changes to timing or location

    4. 119. Changes to round times and use of electronic auction system

    5. 120. Rerunning rounds

    6. 121. Refunds

    7. 122. Deposits

12. Signature

13. 1. SCHEDULE 1

       Lots

       1. In these Regulations— (a) “2.3 GHz lot” means any of...

    2. SCHEDULE 2

       Application form and warranty

       1. 1. Details of the applicant

       2. Provide the following details for the applicant—

       3. Applicant's full name

       4. Registered number of company

       5. Registered office of company

       6. Bank sort code and account number

       7. Name of individual contact within applicant

       8. Contact address (if different from registered office)

       9. Contact telephone number

       10. Contact mobile telephone number

       11. Contact fax number

       12. Contact electronic mail address

       13. 2. Authorised persons

       14. Provide details of the name and position in the applicant...

       15. 3. Directors or members of managing body

       16. Provide the name and job title of each of the...

       17. 4. Applicant group

       18. Provide the names of the applicant's associates (as defined in...

       19. Provide the names of all other members of the applicant...

       20. 5. Qualification to bid

       21. In relation to the determination by the Office of Communications...

       22. 6. Other information

       23. Provide a brief description of the substance of—

       24. 7. Existing spectrum holdings

       25. Confirm that the applicant has provided the details of existing...

       26. 8. Warranty

       27. Provide the following warranty— “[Insert name of applicant] (the “applicant”)...

       28. 9. 3.4 GHz minimum requirement selection

       29. Specify a 3.4GHz minimum requirement selection: select one (and only...

    3. SCHEDULE 3

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

       1. [Insert name of applicant or bidder] (the “applicant/bidder”) wishes to...

       2. Under regulation 13 of the Regulations an applicant shall not...

       3. Applicant/bidder

       4. The applicant/bidder undertakes to inform OFCOM immediately if it becomes...

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

       6. [Insert name of person to be included in applicant or...

    4. SCHEDULE 4

       Declaration to be made by the pre-existing licence holder

       1. UK Broadband Limited hereby consents to the revocation of the...

       2. [signed by UK Broadband Limited]

    5. SCHEDULE 5

       Determination of 2.3 GHz additional price

       1. 1. Additional price

       2. 2. First requirement

       3. 3. Second requirement

       4. 4. Third requirement

       5. 5. Fourth requirement

       6. 6. Interpretation

    6. SCHEDULE 6

       Determination of 3.4 GHz additional price

       1. 1. Additional price

       2. 2. First requirement

       3. 3. Second requirement

       4. 4. Third requirement

       5. 5. Fourth requirement

       6. 6. Interpretation

    7. SCHEDULE 7

       Frequency bands for existing immediately useable spectrum holdings

    8. SCHEDULE 8

       Frequency bands for existing overall spectrum holdings

14. Explanatory Note