The Wireless Telegraphy (Licence Award) Regulations 2012

Determination of the winning principal stage bids

67.—(1) The winning principal stage bids shall be those valid principal stage bids that comprise the winning combination of principal stage bids.

(2) The winning combination of principal stage bids shall be the valid combination of principal stage bids for which the total value of the combination of bids calculated in accordance with paragraph (9) is the highest.

(3) Where there is more than one valid combination of principal stage bids for which the total value is equal highest, the winning combination of principal stage bids shall be determined in accordance with the order of precedence set out in paragraph (5) and then in accordance with paragraph (6) if necessary.

(4) A combination of principal stage bids is a valid combination of principal stage bids if—

(a) all of the bids included in the combination are valid principal stage bids;

(b) there is no more than one principal stage bid from each bidder within the combination;

(c) there is at least one bid in the combination from an opted-in bidder (if there are one or more valid opt-in bids) for a selection of lots that includes (in addition to any other lots which are included) all of the lots selected in a valid opt-in bid made by that bidder;

(d) the total number of lots of each type in the combination is not greater than the number of lots of that type available in the award process;

(e) the number produced by adding together the number of 2.6 GHz concurrent low power 10 MHz lots in the combination and the number of 2.6 GHz concurrent low power 20 MHz lots in the combination is not greater than ten;

(f) if any bid in the combination includes a 2.6 GHz concurrent low power 10 MHz lot, the total number of 2.6 GHz paired frequency lots in the combination is not greater than twelve; and

(g) if any bid in the combination includes a 2.6 GHz concurrent low power 20 MHz lot, the total number of 2.6 GHz paired frequency lots in the combination is not greater than ten.

(5) The order of precedence referred to in paragraph (3) shall be determined by the total number of eligibility points associated with each such valid combination of principal stage bids in accordance with paragraph (7) such that valid combinations of principal stage bids with which a greater total number of eligibility points are associated prevail over valid combinations of principal stage bids with which a lesser total number of eligibility points are associated.

(6) If after the provisions in paragraph (5) have been applied more than one valid combination of principal stage bids of highest ranking in the order of precedence remains, OFCOM shall employ a method of random selection from amongst those remaining valid combinations of principal stage bids of highest ranking in the order of precedence to determine the winning combination of principal stage bids.

(7) The number of eligibility points associated with a valid combination of principal stage bids shall be the number equal to the total of the eligibility points associated with each bid in that valid combination of principal stage bids.

(8) The number of eligibility points associated with a bid shall be the number equal to the total of the eligibility points associated with the lots included in the selection specified in that bid.

(9) The total value of a combination of bids (“TV”) shall be calculated in accordance with the formula—

where—

(a)

“A” is the total of the amounts in pounds of the bids in the combination;

(b)

“L” is the number determined in accordance with paragraph (10);

(c)

“Y” is the number determined under paragraph (11).

(10) “L” is the number which is the total of the round prices for the first primary bid round for each—

(a) 800 MHz paired frequency lot,

(b) 2.6 GHz paired frequency lot,

(c) 2.6 GHz individual frequency lot, and

(d) 800 MHz coverage obligation lot,

that is available in the award process but was not included in the combination.

(11) “Y” is—

(a) sixty million if the combination includes at least one 2.6 GHz concurrent low power 20 MHz lot;

(b) thirty million if the combination includes at least one 2.6 concurrent 10 MHz lot and does not include any 2.6 GHz concurrent low power 20 MHz lots; or

(c) zero, if neither (a) nor (b) apply.