Statutory Instrument 1999 No. 3162

The Wireless Telegraphy (Third Generation Licences) Regulations 1999

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© Crown Copyright 1999

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Application of the Regulations
     3. These Regulations shall have effect in relation to applications for, procedures for the grant of, and the provision of refunds of fees payable in accordance with the terms of, the licences.

Notice
     4.  - (1) Applications for the grant of the licences shall only be made in accordance with a procedure which is set out in a notice issued by the Secretary of State under these Regulations.

    (2) A notice issued pursuant to paragraph (1) above shall - 

(a) invite any body corporate to make an application to the Secretary of State to bid for a licence, in accordance with a specified procedure;

(b) specify criteria by which the Secretary of State shall determine whether an applicant is qualified to participate in a bidding procedure;

(c) specify criteria by which the Secretary of State shall determine which of the qualified applicants may bid for which of the licences;

(d) specify a procedure by which a qualified applicant who is associated, in accordance with specified criteria, with one or more other qualified applicants, may submit prescribed bids to determine whether he shall be entitled to participate in the bidding procedure referred to in sub-paragraph (f) below;

(e) specify other criteria to determine which of any qualified applicants who fall within sub-paragraph (d) above shall be entitled to participate in the procedure referred to in sub-paragraph (f) below;

(f) specify a procedure by which qualified applicants may submit bids for licences;

(g) specify reserve prices for each of the licences;

(h) provide for the Secretary of State to determine minimum and maximum bids for each of the licences during the bidding procedure referred to in sub-paragraph (f) above;

(i) provide for payment of a deposit on submission of an application and for the payment of one of more additional deposits before a qualified applicant may submit a bid for a licence above a specified sum;

(j) provide for the payment of interest on the deposit and on any additional deposits;

(k) provide for the circumstances in which all, or part, of any deposit, and all, or part, of any interest which accrues to a deposit, is not to be refunded;

(l) specify the conditions which must be satisfied before a licence may be issued to a qualified applicant who submits the highest valid bid for a licence;

(m) provide for a qualified applicant who submits the highest valid bid for a licence to elect whether he wishes to pay such sum - 


(i) as a single cash sum on issue of the licence; or

(ii) as one half of such sum on issue of the licence with the balance payable as periodic sums calculated in accordance with a specified formula;



(n) specify a guarantee which a qualified applicant who elects to pay the licence fee other than as a single cash sum is to provide to the Secretary of State on issue of the licence;

(o) provide for the other terms, provisions and limitations subject to which each of the licences is to be issued; and

(p) provide for the other conditions with which qualified applicants must comply to participate, or continue to participate, in the procedures referred to in sub-paragraphs (d) and (f) above.

    (3) A notice which is issued pursuant to paragraph (1) above shall be published by the Secretary of State on the Radiocommunications Agency's Internet Website.

Refunds
     5. The Secretary of State may, in such cases as he thinks fit, refund, in whole or in part, sums which have been paid to him in accordance with any provision of the licences.


Patricia Hewitt,
Minister for Small Business and E-Commerce, Department of Trade and Industry

24th November 1999

[2] Sections 3 and 6 of the Wireless Telegraphy Act 1998 were extended to Jersey by S.I. 1998/1512, to Guernsey by S.I. 1998/1511, and to the Isle of Man by S.I. 1998/1510. These Regulations do not, however, extend to these Islands.back