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The Wireless Telegraphy (Licence Award) Regulations 2018

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CHAPTER 4Constraints for principal stage bids, withdrawals of standing high bid status and carrying forward an eligibility limit

SECTION 1Constraints for principal stage bids

Maximum number of principal stage bids for 2.3 GHz lots and 3.4 GHz lots

43.  In any principal stage round—

(a)the number of principal stage bids for 2.3 GHz lots that a bidder may make shall not exceed that bidder’s 2.3 GHz bid limit; and

(b)the number of principal stage bids for 3.4 GHz lots that a bidder may make shall not exceed thirty.

Overall bid constraint rule

44.—(1) In addition to the limitations on bidding in regulation 43, in any principal stage round, the total frequencies associated with a bidder’s principal stage form must not exceed the number of MHz for that bidder which is that bidder’s overall bid constraint.

(2) The “total frequencies associated with a principal stage form” means, in relation to a bidder in a principal stage round, the total number of MHz which is the sum of A plus B where—

(a)“A” is—

(i)where that bidder has specified on its principal stage form in that principal stage round that it wishes to make one or more principal stage bids for 2.3 GHz lots, the number of such bids multiplied by 10 MHz; or

(ii)where that bidder makes no new bids on its principal stage form in that principal stage round for 2.3 GHz lots—

(aa)the number of principal stage bids for 2.3 GHz lots made by that bidder which were assigned standing high bid status after the end of the most recent round, multiplied by 10 MHz; and

(bb)if no such principal stage bids for 2.3 GHz lots made by that bidder were assigned standing high bid status after the end of the most recent round, zero; and

(b)“B” is—

(i)where that bidder has specified on its principal stage form in that principal stage round that it wishes to make one or more principal stage bids for 3.4 GHz lots, the number of such bids multiplied by 5 MHz; or

(ii)where that bidder makes no new bids on its principal stage form in that principal stage round for 3.4 GHz lots—

(aa)the number of principal stage bids for 3.4 GHz lots made by that bidder which were assigned standing high bid status after the end of the most recent round, if any, multiplied by 5 MHz; and

(bb)if no such principal stage bids for 3.4 GHz lots made by that bidder were assigned standing high bid status after the end of the most recent round, zero.

Number of principal stage bids following assignment of standing high bid status

45.  A bidder which made principal stage bids to which OFCOM assigned standing high bid status after the end of the most recent round must (if making bids for lots of the same type in the next round) specify, on its principal stage form, a number of bids for lots (of that type) which—

(a)is the same as or higher than the number of bids made by that bidder to which OFCOM assigned standing high bid status after the end of the most recent round, if the round price for lots of that type has increased from the most recent round; or

(b)is higher than the number of bids made by that bidder to which OFCOM assigned standing high bid status after the end of the most recent round, if the round price for lots of that type has not increased from the most recent round.

3.4 GHz minimum requirement

46.  Where a bidder has specified a 3.4 GHz minimum requirement, the number of principal stage bids for 3.4 GHz lots that bidder specifies on a principal stage form (if any) must be at least its 3.4 GHz minimum requirement.

SECTION 2Withdrawal of Standing High Bid Status

Withdrawal of standing high bid status

47.—(1) In any principal stage round except the first one, a bidder may indicate on its principal stage form that it wishes to withdraw the standing high bid status of the bids which OFCOM assigned standing high bid status following the most recent round in accordance with this regulation.

(2) Where a bidder withdraws the standing high bid status of bids in a round, the bids which had such standing high bid status will not be considered by OFCOM for the assignment of standing high bid status after that round.

(3) A bidder may withdraw the standing high bid status of bids for one or both types of lot.

(4) Where a bidder withdraws the standing high bid status of bids for a type of lot, it shall withdraw the standing high bid status of all of its bids for that type of lot.

(5) A bidder may only withdraw the standing high bid status of bids for a type of lot in a principal stage round if each of the following applies—

(a)following the end of the most recent round, OFCOM assigned standing high bid status to some but not all of the bidder’s principal stage bids for lots of that type made in the latest round in which the bidder made bids for lots of that type;

(b)the bidder makes no valid principal stage bids for lots of that type in the current round;

(c)the bidder has not withdrawn the standing high bid status of bids for lots of either type on five previous occasions.

SECTION 3Request by a bidder to carry forward its eligibility limit

Request by a bidder to carry forward its eligibility limit

48.—(1) In any principal stage round except the first one, a bidder may indicate on its principal stage form that it wishes to carry forward its eligibility limit (as determined for that round in accordance with regulation 50) to the next round if the conditions set out in paragraphs (2) to (4) are met.

(2) The first condition is that the bidder does not, in the current round, do any of the following—

(a)specify a valid principal stage bid for 2.3 GHz lots on its principal stage form;

(b)specify a valid principal stage bid for 3.4 GHz lots on its principal stage form; or

(c)indicate a valid withdrawal of standing high bid status of any of its principal stage bids.

(3) The second condition is that the number of eligibility points used by the bidder in relation to the bidder’s principal stage bids to which OFCOM assigned standing high bid status after the end of the most recent round is lower than the bidder’s eligibility limit for the current round.

(4) The third condition is that carrying forward the eligibility limit would comply with the limit on the number of eligibility events set out in regulation 52(3).

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