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

CHAPTER 8 Grant stage

Determination of the licence fee

60.  The licence fee payable by a winning bidder shall be an amount equal to the total of—

(a) the base price for the bidder’s winning principal stage bid determined by OFCOM under regulation 42; and

(b) the additional price for each winning assignment stage bid made by the bidder determined by OFCOM under regulation 58.

Procedure where amount of winning bidder’s deposit is less than the licence fee

61.—(1) Where, after completion of the assignment stage, the amount of a winning bidder’s deposit (including the initial deposit and any sum paid as a deposit under regulation 23, 33, 40 or 48, but not including any sum forfeited under regulation 64) is an amount that is less than the amount of the winning bidder’s licence fee calculated in accordance with regulation 60—

(a) OFCOM shall notify the bidder of a deadline by when the bidder must comply with sub-paragraph (b);

(b) the bidder must by that deadline pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder, a sum in pounds calculated in accordance with paragraph (2).

(2) The sum which the bidder must pay to OFCOM shall be the difference between the amount of the winning bidder’s licence fee calculated in accordance with regulation 60 and the amount of the bidder’s deposit (including the initial deposit and any sum paid as a deposit under regulation 23, 33, 40 or 48, but not including any sum forfeited under regulation 64).

(3) Where a bidder has satisfied the requirement set out in paragraph (1)(b), OFCOM shall grant the bidder a licence for—

(a) the paired frequency range or ranges (as the case may be) that are to be assigned to the bidder in accordance with Chapter 6 of this Part; and

(b) the paired frequency range or ranges (as the case may be) for which the bidder submitted a winning assignment stage bid or winning assignment stage bids under Chapter 7 of this Part.

(4) Where a bidder does not satisfy the requirement set out in paragraph (1)(b), the bidder shall not be entitled to the grant of a licence under these Regulations and shall not receive a refund of its initial deposit or any sum paid as a deposit under regulation 23, 33, 40 or 48, which shall (where not already forfeited under regulation 64) be forfeited.

Procedure where amount of winning bidder’s deposit is greater than or equal to the licence fee

62.—(1) Where, after completion of the assignment stage, the amount of a winning bidder’s deposit (including the initial deposit and any sum paid as a deposit under regulation 23, 33, 40 or 48, but not including any sum forfeited under regulation 64) is greater than or equal to the amount of the winning bidder’s licence fee calculated in accordance with regulation 60, OFCOM shall—

(a) grant the winning bidder a licence for—

(i) the paired frequency range or ranges (as the case may be) that are to be assigned to the bidder in accordance with Chapter 6 of this Part;

(ii) the paired frequency range or ranges (as the case may be) in respect of which the bidder submitted a winning assignment stage bid or winning assignment stage bids under Chapter 7 of this Part;

(b) refund to the winning bidder a sum in pounds calculated in accordance with paragraph (2).

(2) The sum which OFCOM shall refund to a winning bidder shall be the difference (if any) between the amount of the winning bidder’s deposit (including the initial deposit and any sum paid as a deposit under regulation 23, 33, 40 or 48, but not including any sum forfeited under regulation 64) and the amount of the winning bidder’s licence fee calculated in accordance with regulation 60, but not any interest which has accrued on the deposit.

Completion of the award process

63.  After the grant of licences and the payment of refunds to winning bidders in accordance with regulation 62(1)(b), OFCOM shall complete the award process by publishing on their internet website details of all valid principal stage bids and all valid assignment stage bids made by each bidder, the names of the persons to whom licences were granted, the details of the paired frequency ranges in respect of which those licences were granted and the details of the licence fees paid.