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

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.