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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out the procedure that will apply to the grant of a wireless telegraphy licence to establish or use a wireless telegraphy station or install or use wireless telegraphy apparatus at Winter Hill, Bolton, Manchester.

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 on their internet website. An initial deposit of ten thousand pounds must also be paid to OFCOM (regulation 4(3)(b)).

An applicant will not be qualified to bid where a member of its bidder group is also a member of another bidder group (regulation 7(2)). OFCOM will determine which applicants are qualified to bid in the auction, taking into account the matters set out in regulation 7(3). Under regulation 8, OFCOM will publish on their internet website the names of all applicants qualified to bid.

OFCOM will follow the procedure in Part 4 of these Regulations where there is only one bidder, or the procedure in Part 5 of these Regulations if there is more than one bidder.

Under Part 4 the licence fee shall be ten thousand pounds. Where the bidder has forfeited its initial deposit in accordance with regulation 36, OFCOM will give the bidder a notice, setting out the deadline by when the bidder must transfer to OFCOM the balance of the licence fee. Where the bidder has not forfeited its deposit, no additional sum is due and OFCOM shall grant the bidder the licence.

Under Part 5 there will be bidding process with at least one round during which bidders will be able to make bids for the licence. From the bids made, OFCOM will determine the winning bid, the winning bidder and licence fee.

If in relation to an applicant which is qualified to bid or a bidder OFCOM are 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 36).

The Ordnance Survey national grid reference site location (in regulation 2) can be found on the Ordnance Survey website at www.ordnancesurvey.co.uk. The Ordnance Survey can be contacted at Ordnance Survey Service Centre, Romsey Road, Southampton SO16 4GU, telephone [phone].

A full regulatory impact assessment of the effect these Regulations will have on the cost to business has been prepared. Copies of the impact assessment are available to the public form the OFCOM library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA, telephone [phone] or on the OFCOM website at www.ofcom.org.uk. Copies of the impact assessment have also been placed in the libraries of both Houses of Parliament.