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The Wireless Telegraphy (Licence Award) Regulations 2018

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Events

115.—(1) The events referred to in regulation 112 are the events in paragraph (2) and the events in paragraph (3).

(2) Events in relation to an applicant or bidder are—

(a)the submission to OFCOM of any information in connection with the award process which is false or misleading;

(b)any member of that applicant’s or bidder’s bidder group colluding or attempting to collude with another person to distort the outcome of the award process;

(c)any member of that applicant’s or bidder’s bidder group acting in a way which is likely to distort the outcome of the award process;

(d)any member of that applicant’s or bidder’s bidder group, or any person to whom confidential information has been disclosed, disclosing, or attempting to disclose, or inciting another person to disclose, any confidential information, whether directly or indirectly, to any person, except where the disclosure is—

(i)to OFCOM;

(ii)to a member of that applicant’s or bidder’s bidder group;

(iii)to a provider of finance for the purpose of raising finance for a bid; or

(iv)to a person for the purpose of enabling that person to decide whether to participate as a member of the applicant’s or bidder’s bidder group;

(e)any member of that applicant’s or bidder’s bidder group obtaining or attempting to obtain confidential information relating to another applicant or bidder;

(f)any member of that applicant’s or bidder’s bidder group receiving or attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process;

(g)any person who is a member or a director or employee of a member of that applicant’s or bidder’s bidder group and also a director or employee of a member of another bidder group—

(i)taking part in the preparation of both bidder groups for participation in the award process; or

(ii)receiving confidential information relating to both bidder groups;

(h)a member of that applicant’s or bidder’s bidder group is or becomes a member of another applicant’s or bidder’s bidder group; and

(i)a change occurring in the membership of that applicant’s or bidder’s bidder group from that notified to OFCOM in its application except as a result of—

(i)a person ceasing to be a member of that bidder group;

(ii)a person joining that bidder group under the procedure in regulation 10(3); or

(iii)a person becoming an associate through merger or acquisition activity provided that such activity is not for a purpose related to the award process.

(3) Events in relation to a bidder (but not an applicant) are—

(a)a change, after OFCOM has recorded that bidder’s existing spectrum holdings under regulation 19, to the existing spectrum holdings of a bidder or, in relation to the bidder, any person referred to in regulation 4(3)(a)(iii) except insofar as the change is a divestment of a part of or the whole of the existing spectrum holdings; and

(b)any person which has existing spectrum holdings which was not at the time OFCOM recorded the bidder’s existing spectrum holdings under regulation 19 a person referred to in regulation 4(3)(a)(iii) becoming such a person during the award process.

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