The Wireless Telegraphy (Licence Award) Regulations 2012

CHAPTER 15 Grant Stage

Determination of the licence fee

108.  The licence fee payable by a winning bidder shall be an amount equal to the total of—

(a) the base price determined by OFCOM under regulation 68; and

(b) the additional price for each winning assignment stage bid made by the bidder determined by OFCOM under regulation 106.

Procedure where the amount of a winning bidder’s deposit is less than the licence fee

109.—(1) Where, after completion of the assignment stage, the total amount a winning bidder has on deposit at that time is an amount that is less than the amount of the winning bidder’s licence fee calculated in accordance with regulation 108, the bidder must by a deadline specified by OFCOM pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder, a sum in pounds calculated in accordance with paragraph (2).

(2) The sum which the bidder must pay to OFCOM shall be the difference between the amount of the winning bidder’s licence fee calculated in accordance with regulation 108 and the amount the bidder has on deposit.

(3) Where a bidder has paid such sum by the deadline, OFCOM shall grant the bidder a licence authorising the use of—

(a) the frequencies that were assigned to the bidder under Chapter 11 of this Part; and

(b) the frequencies corresponding to the assignment stage options for which the bidder made winning assignment stage bids.

(4) Where a bidder has not paid such sum by the deadline, the bidder shall not be entitled to the grant of a licence under these Regulations and shall not receive a refund of any sum which the bidder has paid as a deposit under the Regulations which shall (where not already forfeited) be forfeited, together with any interest which has accrued on the deposit.

Procedure where the amount of a winning bidder’s deposit is greater than or equal to the licence fee

110.—(1) Where, after completion of the assignment stage, the total amount a winning bidder has on deposit at that time is an amount that is greater than or equal to the amount of the winning bidder’s licence fee calculated in accordance with regulation 108, OFCOM shall—

(a) grant the winning bidder a licence authorising the use of—

(i) the frequencies that were assigned to the bidder under Chapter 11 of this Part; and

(ii) the frequencies corresponding to the assignment stage options for which the bidder made winning assignment stage bids; and

(b) refund to the winning bidder a sum in pounds calculated in accordance with paragraph (2).

(2) The sum which OFCOM shall refund to a winning bidder shall be the difference (if any) between the amount the winning bidder has on deposit and the amount of the winning bidder’s licence fee calculated in accordance with regulation 108.

Completion of the award process

111.  After the grant of licences, OFCOM shall complete the award process by publishing on their internet website—

(a) details of all valid principal stage bids and all valid assignment stage bids made by each bidder;

(b) the names of the persons to whom licences were granted, and—

(i) details of the frequencies in respect of which the licences were granted; and

(ii) details of the licence fees paid;

(c) the names of any persons who did not meet the requirements of regulation 109(1) including—

(i) details of the frequencies in respect of which licences would have been granted; and

(ii) details of the licence fees which would have been payable for those licences had they been granted.