The Wireless Telegraphy (Licence Award) Regulations 2008

PART 4 PROCEDURE WHERE THERE IS ONLY ONE BIDDER

Lot selection menu

11.—(1) Where there is only one bidder, OFCOM shall notify that bidder of—

(a) a deadline by when the bidder must deliver to OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA a lot selection menu in the form set out in Schedule 3 completed in accordance with paragraph (2) and signed on its behalf by two authorised persons; and

(b) a further deadline by when the bidder must pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder, a sum determined in accordance with paragraph (4).

(2) The bidder must ensure that its lot selection satisfies the following conditions—

(a) at least one lot is selected;

(b) a licence condition is specified which it wishes to have included in the licence for that selection of lots.

(3) The licence fee shall be the total amount of the prices as specified by OFCOM on the lot selection menu for the lots selected by the bidder.

(4) The sum which the bidder must pay to OFCOM shall be—

(a) where the initial deposit has not been forfeited in accordance with regulation 49, a sum equal to the licence fee less the initial deposit; or

(b) where the initial deposit has been so forfeited, a sum equal to the licence fee.

Grant of licence

12.—(1) Where OFCOM have received from the bidder a completed lot selection menu in accordance with regulation 11(1)(a) and the required sum in accordance with regulation 11(1)(b), OFCOM shall grant the bidder a licence for the lots selected on that completed lot selection menu which includes the licence condition that matches the licence condition chosen by the bidder.

(2) Where OFCOM have not received from the bidder a completed lot selection menu in accordance with regulation 11(1)(a) or the required sum in accordance with regulation 11(1)(b), the bidder shall not be entitled to the grant of a licence and shall not receive a refund of its initial deposit, which shall (where it has not already been forfeited under regulation 49) be forfeited.

Completion of the award process

13.  After the grant of the licence, OFCOM shall complete the award process by—

(a) publishing on their internet website the name of the bidder to which a licence has been granted, the details of the lots in respect of which the licence was granted, the licence condition applying to the licence and the licence fee paid; and

(b) refunding to applicants which were not qualified, or withdrew in accordance with regulation 9, the initial deposits (where such deposits have not been forfeited under regulation 49) but not any interest which has accrued on the deposits.