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

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Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for a procedure for the grant in each of the regions of the United Kingdom described in Part I of the Schedule by reference to their post codes of wireless telegraphy licences authorising the use of apparatus at specified frequencies for the provision by means of a wireless communications system of Public Fixed Wireless Access wireless communications links over which data may be transmitted and received on demand and whereby end users gain access to other telecommunication 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 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 minimum bids; further conditions which, following completion of the bidding procedures, must be satisfied before a licence is issued; payment for the licences; an option to successful qualified applicants to renew the licences for two successive periods of five years; provision for other terms, provisions and limitations subject to which the licences are to be issued; and 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.

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