The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007

CHAPTER 6 Assignment of paired frequency range to a winning bidder for a band where only one winning principal stage bid includes lots in the band

Procedure where there is only one winning principal stage bid for lots in a band and that bid includes all lots in the band

44.—(1) This regulation applies to any band where lots in that band were specified in only one winning principal stage bid and all of the available lots in that band were so specified.

(2) In respect of each such band, the paired frequency range to be assigned to the bidder that submitted the winning principal stage bid that specified all of the lots in that band shall be the paired frequency range comprising all of the frequencies in that band.

Procedure where there is only one winning principal stage bid for lots in a band and that bid does not include all lots in the band

45.—(1) This regulation applies to any band where lots in that band were specified in only one winning principal stage bid and not all of the available lots in the band were so specified.

(2) In respect of each such band, OFCOM shall notify the bidder that submitted the winning principal stage bid of—

(a) the paired frequency ranges in the band that the relevant bidder may select, being the paired frequency ranges which satisfy the following conditions—

(i) the bandwidth of the paired frequency range is the same as the total bandwidth of the lots in that band specified in the bidder’s winning principal stage bid;

(ii) the frequencies in that band that are not included in the paired frequency range form one paired frequency range; and

(b) a deadline by when its selection must be received by OFCOM.

(3) To select a paired frequency range the bidder must, on a form provided to the bidder by OFCOM (“paired frequency range selection form”), select no more than one of the paired frequency ranges notified to the bidder by OFCOM under paragraph (2)(a).

(4) Except as provided for in paragraph (5), the bidder must submit the completed paired frequency range selection form to OFCOM by using the electronic auction system, and the form must be received by OFCOM by the deadline notified to the bidder under paragraph (2)(b).

(5) Where OFCOM are satisfied that a bidder is unable to submit a paired frequency range selection form by using the electronic auction system because of technical failure (or an event or circumstance with similar effect on the bidder’s ability to use the electronic auction system), OFCOM shall notify the bidder of an alternative method of submitting the paired frequency range selection form and any requirements relating to the authentication of communications made by means of the alternative method.

(6) Where OFCOM have notified the bidder under paragraph (5), the bidder must submit the paired frequency range selection form by means of the alternative method and must comply with any requirements which have been notified to it under that paragraph relating to the authentication of communications.

(7) Where, due to the manner of completion, a paired frequency range selection form is incomplete or defective but OFCOM believe that they can ascertain the bidder’s intention in relation to the making of the selection, OFCOM shall ask the bidder to confirm in a notice to OFCOM by a specified deadline that OFCOM have correctly ascertained the bidder’s intention in relation to the making of the selection.

(8) Where the bidder confirms in a notice given to OFCOM by the specified deadline which is signed by two authorised persons of that bidder that OFCOM have correctly ascertained the bidder’s intention, the paired frequency range selection form in its entirety shall be accepted by OFCOM on that basis.

(9) Where the bidder does not give such confirmation in a notice given to OFCOM by the specified deadline which is signed by two authorised persons of that bidder, the paired frequency range selection form in its entirety shall be rejected by OFCOM and OFCOM shall determine which of the paired frequency ranges notified to the bidder under paragraph (2)(a) shall be assigned to the bidder.

(10) Where OFCOM have received from the bidder in accordance with paragraph (4) a paired frequency range selection form completed in accordance with paragraph (3), the paired frequency range to be assigned to the bidder shall be the paired frequency range selected on the paired frequency range selection form that the bidder submitted to OFCOM.

(11) Where paragraph (10) does not apply, OFCOM shall determine which of the paired frequency ranges notified to the bidder under paragraph (2)(a) shall be assigned to the bidder.