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The Wireless Telegraphy (Licence Award) Regulations 2018

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PART 2Application stage

Applications for the grant of a licence

3.  Applications for the grant of a licence shall only be made in accordance with the procedure set out in these Regulations.

Application

4.—(1) Only a body corporate may apply to OFCOM for a licence.

(2) A body corporate may only make one application.

(3) To apply for a licence, a body corporate must—

(a)on the day or days specified by OFCOM for receipt of applications, deliver to OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA within the times on that day or those days specified by OFCOM a sealed envelope containing—

(i)a document containing the application information required by, and the warranty set out in, Schedule 2, completed in respect of the applicant and signed on its behalf by two authorised persons;

(ii)for each person, not being an associate of the applicant, which the applicant wishes to join its applicant group, a document in the form set out in Schedule 3 which has been—

(aa)completed by the applicant and signed on its behalf by two authorised persons; and

(bb)completed by and signed by or on behalf of the person in respect of whom that document is completed; and

(iii)a document setting out the details of the existing spectrum holdings of—

(aa)the applicant;

(bb)each other member of its applicant group;

(cc)each person in whom the applicant has a material interest;

(dd)each person in whom any other member of its applicant group has a material interest;

(ee)any person (“third party”) who has entered into a contract or arrangement with the applicant (or with any other member of its applicant group or any person in whom the applicant or any other member of its applicant group has a material interest) to acquire rights under a licence granted pursuant to the award process;

(ff)any person who has a material interest in a third party (“third party parent”);

(gg)any person in whom a third party has a material interest;

(hh)any person in whom a third party parent has a material interest; and

(b)subject to regulation 7(4), by a deadline specified by OFCOM, pay into OFCOM’s bank account, with accompanying information which identifies the applicant, an initial deposit of one hundred thousand pounds.

(4) OFCOM shall publish the day or days, times and deadline on their website.

(5) The details of existing spectrum holdings that are required are—

(a)the wireless telegraphy licence number; and

(b)the frequencies.

Meaning of existing spectrum holdings

5.—(1) In these Regulations “existing spectrum holdings” means—

(a)existing immediately useable spectrum holdings; and

(b)existing overall spectrum holdings.

(2) “Existing immediately useable spectrum holdings” means—

(a)any authorisation to establish or use a wireless telegraphy station, or to install or use wireless telegraphy apparatus, under a wireless telegraphy licence which relates to any of the frequencies in the frequency bands listed in Schedule 7; and

(b)any contract or arrangement under which such an authorisation is to be acquired.

(3) “Existing overall spectrum holdings” means—

(a)any authorisation to establish or use a wireless telegraphy station, or to install or use wireless telegraphy apparatus, under a wireless telegraphy licence which relates to any of the frequencies in the frequency bands listed in Schedule 8; and

(b)any contract or arrangement under which such an authorisation is to be acquired.

3.4 GHz minimum requirement rule

6.  The 3.4 GHz minimum requirement which must be specified by the applicant in the document referred to in regulation 4(3)(a)(i) shall not be greater than four.

Application for a replacement licence

7.—(1) The pre-existing licence holder may apply to OFCOM for a replacement licence under this award process.

(2) No other person may apply to OFCOM for a replacement licence.

(3) To apply for a replacement licence, the pre-existing licence holder, in addition to meeting the requirements of regulation 4(3), must by the same deadline also deliver to OFCOM in the same sealed envelope—

(a)a declaration, in the form set out in Schedule 4, signed by two persons on behalf of the pre-existing licence holder, consenting to the revocation of the pre-existing licence; and

(b)a document indicating whether it will participate in the principal stage and the assignment stage, or only in the assignment stage.

(4) If the pre-existing licence holder indicates that it will participate only in the assignment stage (so that it is a winning bidder only in respect of eight 3.4 GHz lots in accordance with regulation 23) the requirement to pay an initial deposit of one hundred thousand pounds under regulation 4(3)(b) does not apply to the pre-existing licence holder.

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