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These Regulations make provision for a procedure for the grant, in each of fourteen regions in the United Kingdom, of three wireless telegraphy licences authorising the use of apparatus at specified frequencies for the provision by means of a wireless communications system of Broadband Fixed Wireless Access, 2-way wireless communications links 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 telecommunications systems.
Regulation 4(1) provides that 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 Secretary of State. Regulation 4(2) provides for the matters which such a notice shall contain, including: a procedure for a body corporate to make an application to participate in a bidding procedure; criteria for determining whether an applicant is qualified to participate in a bidding procedure; criteria for determining whether a qualified applicant is associated with any other qualified applicants and if so whether they may participate in a bidding procedure; provision for payment of deposits and the circumstances in which such deposits may not be refunded; procedures for submitting bids for the licences, including the determination of reserve prices and of minimum and maximum bids, further conditions which, following completion of the bidding procedures, must be satisfied before a licence is issued; methods of payment for the licences, including the provision of a guarantee in respect of deferred licence fees; provision for other terms and limitations subject to which the licences are to be issued; provision for the other conditions with which participants must comply to participate, or continue to participate, in the procedures specified in the notice.
Regulation 4(3) provides for publication of the notice on the Radiocommunications Agency’s Internet website.
Regulation 5 provides that the Secretary of State may, in such cases as he thinks fit, refund fees paid to him for one or more of the licences.
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