PART 3 Qualification stage

CHAPTER 1 Qualification

12 Fitness to hold a licence
1 OFCOM shall, for each applicant which has submitted an application in accordance with regulation 4, determine whether that applicant is fit to hold a licence.
2 In making their determination under paragraph (1), OFCOM shall take into account—
(a) any direction given by the Secretary of State to OFCOM under section 5 of the Communications Act 2003;
2003 c.21.
(b) whether the applicant is a fit and proper person to hold a licence having regard to the probity of—
(i) the applicant;
(ii) each other member of the applicant’s bidder group; and
(iii) each director of each member of the applicant’s bidder group;
(c) whether any of the information submitted to OFCOM by the applicant in connection with the award process is false or misleading;
(d) whether any member of the applicant’s bidder group has colluded, or attempted to collude, or is colluding or attempting to collude, with another person to distort the outcome of the award process;
(e) whether any member of the applicant’s bidder group has acted or is acting in a way which is likely to distort the outcome of the award process;
(f) whether any member of the applicant’s bidder group, or any person to whom confidential information has been disclosed, has disclosed, or is disclosing or attempting to disclose or has incited or is 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 the applicant’s bidder group;
(iii) to a provider of finance for the purpose of raising finance for the applicant’s application; or
(iv) to a person for the purpose of enabling that person to decide whether to participate as a member of the applicant’s bidder group;
(g) whether any member of the applicant’s bidder group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant;
(h) whether any member of the applicant’s bidder group is receiving or is 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; and
(i) whether any person who is a member or a director or an employee of a member of the applicant’s bidder group and is also a director or an employee of a member of another bidder group is—
(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.
3 Applicants must, if requested to do so by OFCOM, provide by a deadline specified by OFCOM any information or documentation which OFCOM require to make their determination.
4 If an applicant does not provide such information or documentation by the deadline specified by OFCOM, OFCOM shall also take that fact into account in making their determination.
5 Where OFCOM determine that an applicant is not fit to hold a licence the applicant shall be disqualified from the award process.
6 OFCOM shall inform an applicant which is disqualified of their decision and the reasons for it but that applicant’s initial deposit shall not be forfeited because of that decision.