The Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations 2000

1.  These Regulations may be cited as the Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations 2000 and shall come into force on 18th August 2000.

Interpretation

2.  In these Regulations—

“Broadband Fixed Wireless Access” means the provision by means of a wireless communications system of two-way wireless communications link over which data may be transmitted and received at rates of at least 2Mbits/second on demand and whereby end users gain access to other telecommunication systems;

“the licences” means in respect of each region of the United Kingdom as specified in Part 1 of the Schedule hereto three wireless telegraphy licences to establish or use radio transmitting and receiving stations or install or use apparatus for Broadband Fixed Wireless Access at the frequencies specified in Part 2 of the Schedule hereto and to be granted subject to the terms, conditions and limitations specified in a notice issued pursuant to regulation 4;

“Radiocommunications Agency’s Internet Website” means the Radiocommunications Agency’s website located at http://www.radio.gov.uk on the Internet; and

“wireless telegraphy licence” means any licence under the Wireless Telegraphy Act 1949(1) other than a television licence as defined in section 1(7) of that Act.

Application of the Regulations

3.  These Regulations shall have effect in relation to applications for, procedures for the grant of, and the provision of refunds of fees payable in accordance with the terms of, the licences.

Notice

4.—(1) Applications for the grant of the licences shall only be made in accordance with a procedure which is set out in a notice issued by the Sectretary of State under these Regulations.

(2) A notice issued pursuant to paragraph (1) above shall—

(a) invite any body corporate to make an application to the Secretary of State to bid for a licence, in accordance with a specified procedure;

(b) specify criteria by which the Secretary of State shall determine whether an applicant is qualified to participate in a bidding procedure;

(c) specify criteria to determine whether a qualified applicant is associated with one or more other qualified applicants;

(d) specify criteria to determine whether any qualified applicants who fall within sub-paragraph (c) above shall be entitled to participate in the procedure referred to in sub-paragraph (e) below;

(e) specify a procedure by which qualified applicants may submit bids for licences;

(f) specify reserve prices for each of the licences;

(g) provide for the Secretary of State to determine minimum and maximum bids for each of the licences during the bidding procedure referred to in sub-paragraph (e) above;

(h) provide for payment of a deposit on submission of an application and for payment of one of or more additional deposits before a qualified applicant may submit a bid for a licence;

(i) provide for the payment of interest on the deposit and on any additional deposits;

(j) provide for the circumstances in which all, or part, of any deposit, and all, or part, of any interest which accrues to a deposit, is not to be refunded;

(k) specify the conditions which must be satisfied before a licence may be issued to a qualified applicant who submits the highest valid bid for a licence;

(l) provide for a qualified applicant who submits the highest valid bid for a licence to elect whether he wishes to pay such sum—

(i) as a single cash sum on issue of the licence; or

(ii) as one half of such sum on issue of the licence with the balance payable as periodic sums calculated in accordance with a specified formula;

(m) specify a guarantee which a qualified applicant who elects to pay the licence fee other than as a single cash sum is to provide to the Secretary of State on issue of the licence;

(n) provide for the other terms, provisions and limitations subject to which each of the licences is to be issued; and

(o) provide for the other conditions with which qualified applicants must comply to participate, or continue to participate, in the procedures referred to in sub-paragraph (e) above.

(3) A notice which is issued pursuant to paragraph (1) above shall be published by the Secretary of State on the Radiocommunications Agency’s Internet Website.

Refunds

5.  The Secretary of State may, in such cases as he thinks fit, refund, in whole or in part, sums which have been paid to him in accordance with any provision of the licences.

Patricia Hewitt,

Minister for Small Business and E-Commerce,

Department of Trade and Industry

27th July 2000