The Wireless Telegraphy (Licence Award) Regulations 2018

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

Recording of existing spectrum holdings

19.—(1) After the deadline specified in regulation 17(2), OFCOM shall, for each bidder, record—

(a) the bidder’s existing immediately useable spectrum holdings; and

(b) the bidder’s existing overall spectrum holdings.

(2) A bidder’s existing immediately useable spectrum holdings to be recorded are those which have been notified by that bidder under regulation 4(3)(a)(iii), as amended to take account of any notifications of subsequent changes to those spectrum holdings which may have been made under regulations 9(1), 10(2), 10(3) or 11.

(3) A bidder’s existing overall spectrum holdings to be recorded are those which have been notified by that bidder under regulation 4(3)(a)(iii), as amended to take account of any notifications of subsequent changes to those spectrum holdings which may have been made under regulations 9(1), 10(2), 10(3) or 11.

(4) After the recording of spectrum holdings, the bidder and, in relation to the bidder, any person referred to in regulation 4(3)(a)(iii) may change its spectrum holdings but in relation to the award process—

(a) the bidder shall be subject to regulations 112 and 115 if they apply to that change; and

(b) the bidder’s recorded spectrum holdings shall not be amended.

(5) If there is such a change, the bidder concerned must notify OFCOM of the change and deliver to OFCOM a revised version of the document provided under regulation 4(3)(a)(iii) which complies with that provision following the change.

Determination of the 2.3 GHz bid limits

20.  –

(1) Before the first principal stage round, OFCOM shall—

(a) determine the maximum number of principal stage bids for 2.3 GHz lots, if any, each bidder may make in any round (the “2.3 GHz bid limit”) in accordance with paragraph (2); and

(b) notify each bidder of its 2.3 GHz bid limit.

(2) The 2.3 GHz bid limit for a bidder shall be—

(a) zero bids for 2.3 GHz lots, where the total in MHz of that bidder’s recorded immediately useable spectrum holdings is greater than 245 MHz;

(b) one bid for a 2.3 GHz lot, where the total in MHz of that bidder’s recorded immediately useable spectrum holdings is greater than 235 MHz but less than or equal to 245 MHz;

(c) two bids for 2.3 GHz lots, where the total in MHz of that bidder’s recorded immediately useable spectrum holdings is greater than 225 MHz but less than or equal to 235 MHz;

(d) three bids for 2.3 GHz lots, where the total in MHz of that bidder’s recorded immediately useable spectrum holdings is greater than 215 MHz but less than or equal to 225 MHz; or

(e) four bids for 2.3 GHz lots, where the total in MHz of that bidder’s recorded immediately useable spectrum holdings is equal to or less than 215 MHz.

(3) A bidder’s 2.3 GHz bid limit shall not change during the principal stage.

(4) The 2.3 GHz bid limit may be different for each bidder.

Determination of overall bid constraints

21.—(1) Before the first principal stage round OFCOM shall—

(a) determine for each bidder; and

(b) notify to each bidder an overall bid constraint.

(2) The overall bid constraint may be different for each bidder.

(3) The overall bid constraint shall be expressed as a number of frequencies in MHz and shall be calculated in accordance with paragraphs (4) and (5).

(4) The number referred to in paragraph (3) shall be calculated in accordance with the formula 340 MHz – z rounded down to the nearest multiple of 5 MHz, where z is the total in MHz of the bidder’s recorded overall spectrum holdings.

(5) Where the number of MHz resulting from the calculation referred to in paragraph (4) is higher than 190 MHz, the number shall be 190 MHz and not that higher number.

(6) A bidder’s overall bid constraint shall not change during the principal stage.