The Wireless Telegraphy (Licence Award) (Cardiff) Regulations 2008

PART 7 MISCELLANEOUS

General power of exclusion

38.  OFCOM may, at any time, notify any applicant or bidder of its exclusion from the award process if, in their opinion, the grant of the licence to that applicant or bidder would be prejudicial to the interests of national security or the applicant or bidder is not a fit and proper person to hold the licence.

Notification to OFCOM

39.  If, in accordance with any provision of these Regulations, an applicant or bidder is required, or wishes, to notify OFCOM of any fact or circumstance, it must do so by notice in writing which is marked for the attention of the OFCOM personnel who are specified by OFCOM for that purpose on OFCOM’s internet website and must deliver that notice to OFCOM—

(a) by electronic mail to an electronic mail address dedicated to the award process which is published by OFCOM on their internet website;

(b) by personal delivery to Riverside House, 2a Southwark Bridge Road, London, SE1 9HA; or

(c) by fax to a number dedicated to the award process which is published by OFCOM on their internet website.

Changes to timing or location

40.—(1) Paragraph (2) applies where OFCOM determine that it is impracticable for any reason—

(a) for any document which is to be delivered to OFCOM under these Regulations to be delivered at the place specified or by the deadline specified under these Regulations; or

(b) for any action which is required to be undertaken in accordance with these Regulations to be completed by the deadline specified.

(2) Where this paragraph applies, OFCOM shall take all reasonable steps to notify the applicants or bidders (as the case may be) that—

(a) delivery must be made on a different day or within different times on that day or at a different place;

(b) the action must be completed on a different day or by a different deadline.

Changes to round times and use of electronic auction system

41.—(1) Where a time for the start of a round has been notified to bidders and OFCOM determine that it is impracticable for any reason to start the round at that time, OFCOM shall take all reasonable steps to notify bidders of a revised time for the start of the round.

(2) Where a time for the end of a round has been notified to bidders and OFCOM determine that it is impracticable for any reason for the round to end at that time, OFCOM shall take all reasonable steps to notify bidders of a revised time for the end of the round.

(3) Where OFCOM determine that it is impracticable for any reason to use the electronic auction system for any of the purposes specified in Part 5 of these Regulations, OFCOM shall take all reasonable steps to notify bidders of an alternative method of participating in the award process and any requirements relating to the authentication of communications made by means of the alternative method.

(4) Bidders must use the alternative method of participating in the award process in accordance with a notification under paragraph (3).

Rerunning rounds

42.—(1) Where a round is in progress and OFCOM determine that it is not possible to continue the round because of technical failure (or an event or circumstance with similar effect on the continuation of the round), OFCOM shall—

(a) notify bidders of their determination;

(b) disregard the bids made in that round;

(c) resume the award procedure from the end of the previous round (or, if there was no previous round, from the start of the first round).

(2) Where OFCOM determine that it is not possible to continue the award process in accordance with the provisions of Part 5 of these Regulations because of technical failure (or an event or circumstance with similar effect on the continuation of the award process), OFCOM may, in order to secure a fair and efficient outcome—

(a) disregard bids made in one or more rounds; and

(b) resume the award process from the end of the latest round for which bids are not disregarded under sub-paragraph (a), or, where all bids are to be disregarded under that sub-paragraph, to resume the award process from the start of the first round.

(3) OFCOM shall notify bidders of their determination under paragraph (2).

Refunds

43.  OFCOM may, in such cases as they think fit, refund, in whole or in part, sums which have been paid to them in accordance with any provision of these Regulations.