The Wireless Telegraphy (Licence Award) Regulations 2012

CHAPTER 2 Opt-in round

Opt-in round

18.—(1) Only bidders satisfying each of the four requirements in this regulation may bid in the opt-in round.

(2) The first requirement is that the bidder must have stated at the time it submitted its application in accordance with regulation 4(4) that it wished to participate in the opt-in round.

(3) The second requirement is that the bidder’s recorded spectrum holdings must not include any frequencies within the following frequency bands—

(a) 880.1 to 914.9 MHz;

(b) 925.1 to 959.9 MHz.

(4) The third requirement is that the bidder’s recorded spectrum holdings must not include more than thirty megahertz of frequencies within the 1800 MHz band.

(5) The fourth requirement is that the bidder’s eligibility limit must be—

(a) at least 6750 points if the bidder’s recorded spectrum holdings do not include any frequencies in the 1800 MHz band; or

(b) at least 2250 points if the bidder’s recorded spectrum holdings do include frequencies in the 1800 MHz band.

(6) The “1800 MHz band” means—

(a) 1710.1 to 1781.7 MHz; and

(b) 1805.1 to 1876.7 MHz.

Opt-in selections

19.—(1) The selections of lots that each bidder eligible to bid in the opt-in round may bid for in the opt-in round shall be the selections of lots included in the list or lists in Schedule 2 that apply to that bidder in accordance with this regulation.

(2) List A and List B in Schedule 2 apply to bidders with recorded spectrum holdings that do not include any frequencies in the 1800 MHz band.

(3) List C and List D in Schedule 2 apply to bidders with—

(a) recorded spectrum holdings that include frequencies in the 1800 MHz band; and

(b) an eligibility limit of at least 4500 points.

(4) List C in Schedule 2 applies to bidders with—

(a) recorded spectrum holdings that include frequencies in the 1800 MHz band; and

(b) an eligibility limit of less than 4500 points.

(5) Each of the different selections of lots included in a list in Schedule 2 is an “opt-in selection”.

Opt-in bids

20.—(1) A bid made during the opt-in round (“opt-in bid”) shall be for a selection of lots which matches an opt-in selection for that bidder.

(2) In order to make an opt-in bid a bidder must, on a form provided to the bidder by OFCOM (“opt-in bid form”), specify the amount in whole pounds which it is willing to pay for a licence which authorises the use of frequencies corresponding to the selection of lots.

(3) The amount so specified for the selection of lots must be the sum set out as being the opt-in price for that opt-in selection in Schedule 2.

(4) If a bidder to which List A and List B apply in accordance with regulation 19(2) wishes to bid in the opt-in round, it must submit—

(a) one opt-in bid for the first opt-in selection in List A and one opt-in bid for the second opt-in selection in List A; or

(b) one opt-in bid for the first opt-in selection in List B, one opt-in bid for the second opt-in selection in List B, one opt-in bid for the third opt-in selection in List B and one opt-in bid for the fourth opt-in selection in List B.

(5) If a bidder to which List C and List D apply in accordance with regulation 19(3) wishes to bid in the opt-in round, it must submit—

(a) one opt-in bid for the first opt-in selection in List C and one opt-in bid for the second opt-in selection in List C; or

(b) one opt-in bid for the first opt-in selection in List D, one opt-in bid for the second opt-in selection in List D and one opt-in bid for the third opt-in selection in List D.

(6) If a bidder to which List C applies in accordance with regulation 19(4) wishes to bid in the opt-in round, it must submit one opt-in bid for the first opt-in selection in List C and one opt-in bid for the second opt-in selection in List C.

Valid opt-in bids

21.—(1) If a bidder is eligible to bid in the opt-in round and all of that bidder’s opt-in bids are made in accordance with regulations 20 and 46, then each of that bidder’s opt-in bids is a valid opt-in bid.

(2) If a bidder is not eligible to bid in the opt-in round or if any of that bidder’s opt-in bids are not made in accordance with regulations 20 and 46, then none of that bidder’s opt-in bids is a valid opt-in bid.

(3) A bidder which has made a valid opt-in bid is an “opted-in bidder”.