Particular frequencies to be included in 2.3 GHz licences and 2.3 GHz withdrawn lot licences
99.—(1) Where a winning bidder won 2.3 GHz lots in accordance with either regulation 38 or 39 (but not both), any 2.3 GHz licence or 2.3 GHz withdrawn lot licence granted to that bidder shall authorise the use of the frequencies corresponding to the 2.3 GHz assignment stage option for which the bidder made the winning 2.3 GHz assignment stage bid (“2.3 GHz winning option”).
(2) Where a winning bidder won 2.3 GHz lots in accordance with both regulations 38 and 39—
(a)the 2.3 GHz licence granted to that bidder shall authorise the use of the frequencies corresponding to the block which—
(i)includes such number of lots as won in accordance with regulation 38; and
(ii)comprises the higher frequencies included in that bidder’s 2.3 GHz winning option; and
(b)the 2.3 GHz withdrawn lot licence granted to that bidder shall authorise the use of the frequencies corresponding to the block which—
(i)includes such number of lots as won in accordance with regulation 39; and
(ii)comprises the lower frequencies included in that bidder’s 2.3 GHz winning option.