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PART 5 U.K.The principal stage

CHAPTER 1U.K.Principal stage rounds

Principal stage roundsU.K.

20.—(1) During the principal stage, there shall be one or more principal stage rounds.

(2) A principal stage round shall begin and end at the times notified by OFCOM under regulation 45.

(3) The number of principal stage rounds shall be determined by OFCOM in accordance with regulation 23.

Commencement Information

I1Reg. 20 in force at 18.11.2020, see reg. 1(1)

Principal stage formU.K.

21.—(1) OFCOM shall provide each bidder in the principal stage with a principal stage form.

(2) Subject to paragraph (7), a bidder is not required to submit a principal stage form in respect of each principal stage round.

(3) Where a bidder chooses to complete a principal stage form in respect of a principal stage round, that bidder must, on the principal stage form—

(a)specify the number of principal stage bids for 3.6 GHz lots it wishes to make in that round;

(b)specify the number of principal stage bids for 700 MHz individual frequency lots it wishes to make in that round;

(c)specify the number of principal stage bids for 700 MHz paired frequency lots it wishes to make in that round; and

(d)except in the first principal stage round, indicate whether it wishes to carry forward its eligibility limit (as determined for that round) to the next round.

(4) A principal stage form submitted by a bidder in a round is a valid principal stage form if—

(a)the bidder has completed the form in accordance with paragraph (3);

(b)the bidder has submitted the form in accordance with regulation 50 or 51;

(c)the bidder has complied with regulations 38 and 40 in respect of any principal stage bids specified on the form;

(d)the bidder has complied with regulation 37 in respect of the total frequencies associated with the form; and

(e)the bidder has complied with regulation 39 in respect of any request to carry forward its eligibility limit indicated on the form.

(5) A principal stage bid is a valid principal stage bid if it is specified on a valid principal stage form.

(6) Any request by a bidder to carry forward its eligibility limit is a valid request to carry forward its eligibility limit if it is indicated on a valid principal stage form.

(7) Any bidder which, in the first principal stage round, does not specify at least one valid principal stage bid shall be excluded from the award process and shall not receive a refund of any sums which the bidder has paid as a deposit under these Regulations, which shall (where not already forfeited) be forfeited together with any interest which has accrued on the deposit.

Commencement Information

I2Reg. 21 in force at 18.11.2020, see reg. 1(1)

Principal stage bidsU.K.

22.  Each principal stage bid is a bid for the inclusion in a licence of one lot of a particular type at the round price for a lot of that type.

Commencement Information

I3Reg. 22 in force at 18.11.2020, see reg. 1(1)

Number of principal stage roundsU.K.

23.—(1) After the end of each principal stage round, OFCOM shall determine whether there was a round event in that round in accordance with paragraph (4).

(2) Where OFCOM determine that there was no round event in that principal stage round there shall be no further principal stage rounds, and OFCOM shall determine the winning principal stage bids in accordance with regulation 33.

(3) Where OFCOM determine that there was a round event in that principal stage round, there shall be another principal stage round.

(4) There was a round event in a principal stage round where—

(a)a bidder specified a valid principal stage bid in that round; or

(b)an eligibility event occurred in that round.

Commencement Information

I4Reg. 23 in force at 18.11.2020, see reg. 1(1)

Round prices for the first principal stage roundU.K.

24.  For the first principal stage round—

(a)the round price for each 3.6 GHz lot shall be twenty million pounds;

(b)the round price for each 700 MHz individual frequency lot shall be one million pounds; and

(c)the round price for each 700 MHz paired frequency lot shall be one hundred million pounds.

Commencement Information

I5Reg. 24 in force at 18.11.2020, see reg. 1(1)

Determination of round prices for subsequent principal stage roundsU.K.

25.—(1) For each subsequent principal stage round—

(a)the round price for each 3.6 GHz lot shall be determined by OFCOM in accordance with regulation 26;

(b)the round price for each 700 MHz individual frequency lot shall be determined by OFCOM in accordance with regulation 27; and

(c)the round price for each 700 MHz paired frequency lot shall be determined by OFCOM in accordance with regulations 28.

(2) The round price shall be the same for each lot of the same type.

Commencement Information

I6Reg. 25 in force at 18.11.2020, see reg. 1(1)

Round price for 3.6 GHz lotsU.K.

26.—(1) The round price for each 3.6 GHz lot shall be the same as it was for the most recent round, except where paragraph (3) applies.

(2) Where paragraph (3) applies, the round price for each 3.6 GHz lot shall be higher than it was for the most recent round.

(3) This paragraph applies where, after the end of the most recent round, OFCOM assigned standing high bid status to twenty four valid principal stage bids for 3.6 GHz lots at the round price of the most recent round.

Commencement Information

I7Reg. 26 in force at 18.11.2020, see reg. 1(1)

Round price for 700 MHz individual frequency lotsU.K.

27.—(1) The round price for each 700 MHz individual frequency lot shall be the same as it was for the most recent round, except where paragraph (3) applies.

(2) Where paragraph (3) applies, the round price for each 700 MHz individual frequency lot shall be higher than it was for the most recent round.

(3) This paragraph applies where, after the end of the most recent round, OFCOM assigned standing high bid status to four valid principal stage bids for 700 MHz individual frequency lots at the round price of the most recent round.

Commencement Information

I8Reg. 27 in force at 18.11.2020, see reg. 1(1)

Round price for 700 MHz paired frequency lotsU.K.

28.—(1) The round price for each 700 MHz paired frequency lot shall be the same as it was for the most recent round, except where paragraph (3) applies.

(2) Where paragraph (3) applies, the round price for each 700 MHz paired frequency lot shall be higher than it was for the most recent round.

(3) This paragraph applies where, after the end of the most recent round, OFCOM assigned standing high bid status to six valid principal stage bids for 700 MHz paired frequency lots at the round price of the most recent round.

Commencement Information

I9Reg. 28 in force at 18.11.2020, see reg. 1(1)