The Wireless Telegraphy (Licence Award) Regulations 2018

Determination of the total auction sum payable by winning bidders to OFCOM

104.—(1) Following the determination of the refusal payment (if any), OFCOM shall determine the total auction sum payable by each winning bidder in accordance with paragraph (2).

(2) The total auction sum payable by a winning bidder shall be the sum of—

(a)for that winning bidder’s 2.3 GHz licence (if any), the licence fee determined in accordance with regulation 94;

(b)in respect of that winning bidder’s 2.3 GHz withdrawn lot licence (if any) —

(i)the licence fee determined in accordance with regulation 95; or

(ii)where that bidder has indicated that it does not wish to accept any withdrawn lot licences in accordance with regulation 102, the 2.3 GHz refusal payment determined in accordance with regulation 103(3);

(c)for that winning bidder’s 3.4 GHz licence (including for a 3.4 GHz licence for additional 3.4 GHz lots (if any)), the licence fee determined in accordance with regulation 96; and

(d)in respect of that winning bidder’s 3.4 GHz withdrawn lot licence (including for a 3.4 GHz withdrawn lot licence for additional 3.4 GHz lots (if any)) —

(i)the licence fee determined in accordance with regulation 97; or

(ii)where that bidder has indicated that it does not wish to accept any withdrawn lot licences in accordance with regulation 102, the 3.4 GHz refusal payment determined in accordance with regulation 103(4); and

(e)for that winning bidder’s replacement licence (if any), the licence fee determined in accordance with regulation 98.