The Wireless Telegraphy (Public Fixed Wireless Access Licences) Regulations 2002

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Public Fixed Wireless Access Licences) Regulations 2002 and shall come into force on 12th August 2002.

Interpretation

2.  In these Regulations—

• “the licences” means, in respect of each region of the United Kingdom as designated in the first column of Part I of the Schedule hereto and described by reference to the postcode areas and part areas (hereinafter referred to as “sectors”) specified in the second column thereof, the wireless telegraphy licences specified in the third column thereof being licences to establish or use radio transmitting and receiving stations or install or use apparatus for Public Fixed Wireless Access at the frequencies specified in relation to each licence in Part II of the Schedule hereto and to be granted subject to the terms, provisions and limitations specified in a notice issued pursuant to regulation 4;

• “Public Fixed Wireless Access” means the provision by means of a wireless communications system of wireless communications links over which data may be transmitted and received on demand and whereby end-users gain access to other telecommunication systems;

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

• “telecommunication system” has the same meaning as in section 4(1) of the Telecommunications Act 1984(1); and

• “wireless telegraphy licence” means any licence granted under the Wireless Telegraphy Act 1949(2) 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 Secretary of State under these Regulations.

(2) A notice issued pursuant to paragraph (1) 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 bids for each of the licences during the bidding procedure referred to in sub-paragraph (e) above;

(h) provide for the payment of a deposit on submission of an application and for payment of one or more additional deposits before a qualified applicant may submit a bid for each 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 pay such sum on such date as shall be specified in or determined under the said notice;

(m) provide for the qualified applicant referred to in sub-paragraph (l) above to have the option to renew the licence for two successive periods of five years on such terms as shall be specified in or determined under the said notice;

(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 to 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 she thinks fit, refund, in whole or in part, sums which have been paid to her in accordance with any provision of the licences.

Channel Islands and Isle of Man

6.  These Regulations shall not extend to the Channel Islands and the Isle of Man.

Stephen Timms

Minister of State for E-Commerce and Competitiveness,

Department of Trade and Industry

22nd July 2002