The Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for a procedure for the grant of 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, two-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 telecommunication systems. The licences in question are those that remained unsold following the conclusion of a similar procedure pursuant to the Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations 2000 (S.I. 2000/2039) (the first BFWA Regulations). (The apparent omissions from the lists of regions and licences in the Schedule to the Regulations are of those where licences were granted under that earlier procedure.)

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 or with any person holding a wireless telegraphy licence awarded pursuant to the procedure provided for in the first BFWA Regulations 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 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 she thinks fit, refund fees paid to her for one or more of the licences.