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The Wireless Telegraphy (Licence Award) Regulations 2020

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This is the original version (as it was originally made).

PART 2Application stage

Applications for the grant of a licence

3.  Applications for the grant of a licence shall only be made in accordance with the procedure set out in these Regulations.

Application

4.—(1) Only a body corporate may apply to OFCOM for a licence.

(2) A body corporate may only make one application.

(3) To apply for a licence, a body corporate must—

(a)on the day or days specified by OFCOM for receipt of applications, deliver to OFCOM using the delivery method specified by OFCOM, within the times on that day or those days specified by OFCOM—

(i)a document containing the application information required by, and the warranty set out in, Schedule 2, completed in respect of the applicant and signed on its behalf by two authorised persons;

(ii)for each person, not being an associate of the applicant, which the applicant wishes to join its applicant group, a document in the form set out in Schedule 3 which has been—

(aa)completed by the applicant and signed on its behalf by two authorised persons; and

(bb)completed by and signed by or on behalf of the person in respect of whom that document is completed; and

(iii)a document setting out the details of the existing spectrum holdings of—

(aa)the applicant;

(bb)each other member of its applicant group;

(cc)each person in whom the applicant has a material interest;

(dd)each person in whom any other member of its applicant group has a material interest;

(ee)any person (“third party”) who has entered into a contract or arrangement with the applicant (or with any other member of its applicant group or any person in whom the applicant or any other member of its applicant group has a material interest) to acquire rights under a licence granted pursuant to the award process;

(ff)any person who has a material interest in a third party (“third party parent”);

(gg)any person in whom a third party has a material interest;

(hh)any person in whom a third party parent has a material interest; and

(b)by a deadline specified by OFCOM, pay into OFCOM’s bank account, with accompanying information which identifies the applicant, an initial deposit of one hundred thousand pounds.

(4) OFCOM shall publish the delivery method, the day or days, times and deadline on their website.

(5) The delivery method to be specified and published by OFCOM may require delivery of original signed documents to OFCOM premises or electronic delivery of an electronic version of originally signed documents.

(6) The details of existing spectrum holdings that are required are—

(a)the wireless telegraphy licence number; and

(b)the frequencies.

Meaning of existing spectrum holdings

5.—(1) In these Regulations “existing spectrum holdings” means—

(a)any authorisation to establish or use a wireless telegraphy station, or to install or use wireless telegraphy apparatus, under a wireless telegraphy licence which relates to any of the frequencies in the frequency bands listed in Schedule 7; and

(b)any contract or arrangement under which such an authorisation is to be acquired.

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