80 Bidding for numbered 26 GHz upper lots for the first period in the second assignment stage round
(1) Any 26 GHz upper lot winner may bid for the assignment of 26 GHz upper lots for the first period in the second assignment stage round.
(2) A 26 GHz upper assignment stage bid shall be a bid for a licence that authorises the use of frequencies for the first period corresponding to the particular numbered 26 GHz upper lots in a block of numbered 26 GHz upper lots.
(3) OFCOM shall determine which blocks of numbered 26 GHz upper lots a bidder may bid for, and notify that bidder of its determination.
(4) The list of possible blocks of numbered 26 GHz upper lots provided to each bidder may be different for each bidder.
(5) The list shall be known as the “26 GHz upper assignment stage options list” and each block of 26 GHz upper lots in that list shall be known as a “26 GHz upper assignment stage option”.
81 Preparing a 26 GHz upper lot assignment stage options list for each bidder
(1) OFCOM shall determine which 26 GHz upper assignment stage options shall be included in the 26 GHz upper assignment stage options list for each bidder which is eligible to bid.
(2) A 26 GHz double lot winner (if any), which has already been assigned in the first assignment stage round a block of 26 GHz lower lots which includes 26 GHz lot 7, shall be assigned, without bidding, a block of 26 GHz upper lots (equal to the number of lots won within that bidder’s winning principal stage bid for 26 GHz upper lots) which includes 26 GHz lot 8 and that assigned block shall not be included in any 26 GHz upper assignment stage option list.
(3) A bidder’s 26 GHz upper assignment stage options shall be each of those blocks of numbered 26 GHz upper lots which satisfy all of the following conditions—
(a) the number of 26 GHz upper lots contained in the block is equal to the number of lots won within that bidder’s winning principal stage bid for 26 GHz upper lots;
(b) if that bidder were assigned the 26 GHz upper lots contained in the block the following two conditions would be satisfied—
(i) each other bidder could be assigned 26 GHz upper lots contained in a block that, in respect of that other bidder’s winning principal stage bid for 26 GHz upper lots, satisfies the condition in subparagraph (a); and
(ii) the leftover 26 GHz upper lots not assigned to that bidder or any other bidder would form a single block of numbered 26 GHz upper lots which would include 26 GHz lot 12;
(c) if the bidder is a 26 GHz double lot winner (except where regulation 81(2) applies), at least one of the following two conditions would be satisfied—
(i) the block would be adjacent to a block of 26 GHz upper lots (assigned to a 26 GHz double lot winner) which would include 26 GHz lot 8;
(ii) the block would be adjacent to a block of 26 GHz upper lots (assigned to a 26 GHz double lot winner) which would itself be adjacent to a block in a series of other contiguous blocks of 26 GHz upper lots (assigned to 26 GHz double lot winners), provided that one block in this series would include 26 GHz lot 8; and
(d) if the bidder is a 26 GHz upper only lot winner, at least one of the following five conditions would be satisfied—
(i) the block would include 26 GHz lot 12;
(ii) the block would be adjacent to the block of leftover 26 GHz upper lots;
(iii) the block would be adjacent to a block of 26 GHz upper lots (assigned to a 26 GHz upper only lot winner) which would include 26 GHz lot 12;
(iv) the block would be adjacent to a block of 26 GHz upper lots (assigned to a 26 GHz upper only lot winner) which would itself be adjacent to a block in a series of other contiguous blocks of 26 GHz upper lots (assigned to 26 GHz upper only lot winners), provided that one block in this series would include 26 GHz lot 12; or
(v) the block would be adjacent to a block in a series of contiguous blocks, which comprises the block of leftover 26 GHz upper lots and blocks containing 26 GHz upper lots (assigned to 26 GHz upper only lot winners).
(1) In order to bid for a 26 GHz upper assignment stage option, a bidder must, on the assignment stage form, specify either a value of zero pounds or an amount in whole thousands of pounds that it is willing to pay, in addition to the total 26 GHz upper base price for that bidder’s winning principal stage bid for 26 GHz upper lots, for a licence that authorises the use of frequencies corresponding to the block of numbered 26 GHz upper lots for the first period that is the 26 GHz upper assignment stage option.
(2) A bidder may make no more than one 26 GHz upper assignment stage bid for each 26 GHz upper assignment stage option.
(3) A bidder is not required to make a 26 GHz upper assignment stage bid.
(4) A 26 GHz upper assignment stage bid is a valid 26 GHz upper assignment stage bid if—
(a) the bid is specified on a valid assignment stage form; and
(b) the bidder has paid the full sum of the required second assignment stage round deposit by the deadline specified by OFCOM.
(5) Where a bidder does not make a valid 26 GHz upper assignment stage bid for a 26 GHz upper assignment stage option that bidder will be deemed to have made a valid 26 GHz upper assignment stage bid with a value of zero pounds for that 26 GHz upper assignment stage option.
(6) Where there is only one assignment stage option on a bidder’s 26 GHz upper lots assignment stage options list, that bidder shall be deemed to have made a valid 26 GHz upper assignment stage bid with a value of zero pounds for that 26 GHz upper assignment stage option.
83 Determination of the winning 26 GHz upper assignment stage bids
(1) OFCOM shall determine the winning 26 GHz upper assignment stage bids after the deadline for paying the required second assignment stage round deposit.
(2) The winning 26 GHz upper assignment stage bids shall be those valid 26 GHz upper assignment stage bids that comprise the winning combination of valid 26 GHz upper assignment stage bids.
(3) The winning combination of valid 26 GHz upper assignment stage bids shall be the valid combination of 26 GHz upper assignment stage bids having the highest total value of amounts bid.
(4) A combination of valid 26 GHz upper assignment stage bids is a valid combination of 26 GHz upper assignment stage bids if—
(a) within that combination there is one valid 26 GHz upper assignment stage bid from each winning bidder for 26 GHz upper lots;
(b) each of those valid 26 GHz upper assignment stage bids is for a 26 GHz upper assignment stage option as determined by OFCOM for the bidder;
(c) no numbered 26 GHz upper lot is included in more than one of the 26 GHz upper assignment stage bids included in the combination of valid 26 GHz upper assignment stage bids; and
(d) the leftover numbered 26 GHz upper lots not included in that combination of valid 26 GHz upper assignment stage bids, taken together, form a single block of numbered 26 GHz upper lots which include 26 GHz lot 12.
(5) Where there is more than one valid combination of 26 GHz upper assignment stage bids for which the total value is equal highest, OFCOM shall employ a method of random selection from amongst those valid combinations of 26 GHz upper assignment stage bids for which the value is equal highest to determine the winning combination of valid 26 GHz upper assignment stage bids.
84 Determination of 26 GHz upper lot first period additional prices
In respect of each winning 26 GHz upper assignment stage bid, OFCOM shall determine an amount in whole pounds (“26 GHz upper lot first period additional price”) which shall be payable by the relevant winning bidder in accordance with Schedule 6.
85 Assignment of 26 GHz lower lots and 26 GHz upper lots for the second period without bidding
(1) OFCOM shall assign to any 26 GHz lower only lot winner for the second period the same particular numbered 26 GHz lower lots which were assigned to that bidder for the first period following the first assignment stage round.
(2) OFCOM shall assign to any 26 GHz upper only lot winner for the second period the same particular numbered 26 GHz upper lots which were assigned to that bidder for the first period following the second assignment stage round.
(3) If there is only one 26 GHz double lot winner OFCOM shall assign that bidder for the second period the same particular numbered 26 GHz lower lots and 26 GHz upper lots which were assigned to that bidder for the first period following the first and second assignment stage rounds.
(4) Any 26 GHz lower lots which were left over and not assigned to a bidder for the first period following the first assignment stage round will also be unassigned for the second period and shall relate to the same particular numbered 26 GHz lots as for the first period.
(5) Any 26 GHz upper lots which were left over and not assigned to a bidder for the first period following the second assignment stage round will also be unassigned for the second period and shall relate to the same particular numbered 26 GHz lots as for the first period.
86 Assignment of 26 GHz lower lots and 26 GHz upper lots for the second period with bidding
(1) Each 26 GHz double lot winner may bid in the third assignment stage round for the assignment of 26 GHz lower lots and 26 GHz upper lots for the second period.
(2) A 26 GHz lot second period assignment stage bid shall be a bid for a licence that authorises for the second period the use of frequencies corresponding to the particular numbered 26 GHz lots in a block of such lots.
(3) OFCOM shall determine which blocks of numbered 26 GHz lots a bidder may bid for, and notify that bidder of its determination.
(4) The blocks of numbered 26 GHz lots a bidder may bid for shall not include—
(a) the particular numbered lots comprised in blocks already assigned to 26 GHz lower only lot winners;
(b) any leftover 26 GHz lower lots which were unassigned for the first period following the first assignment stage round;
(c) the particular numbered lots comprised in blocks already assigned to 26 GHz upper only lot winners; nor
(d) any leftover 26 GHz upper lots which were unassigned for the first period following the second assignment stage round.
(5) The list of possible blocks of numbered 26 GHz lots provided to each bidder may be different for each bidder.
(6) The list shall be known as the “26 GHz lot second period assignment stage options list” and each block of 26 GHz lots in that list shall be known as a “26 GHz lot second period assignment stage option”.
87 Preparing a 26 GHz lot second period assignment stage options list for each bidder
(1) OFCOM shall determine which 26 GHz lot second period assignment stage options shall be included in the 26 GHz lot second period assignment stage options list for each bidder which is eligible to bid.
(2) Only 26 GHz double lot winners may bid for 26 GHz lot second period assignment stage options.
(3) A bidder’s 26 GHz lot second period assignment stage options shall be each of those blocks of numbered 26 GHz lots which satisfy all of the following conditions—
(a) the number of 26 GHz lots contained in the block is equal to the sum of the number of lots won within that bidder’s winning principal stage bids for 26 GHz lower lots and 26 GHz upper lots;
(b) the block of numbered 26 GHz lots is different from the block of numbered 26 GHz lots assigned, without bidding, to any 26 GHz lower only winner or 26 GHz upper only lot winner; and
(c) if that bidder were assigned the 26 GHz lots contained in the block, the following condition would be satisfied—
(i) each other bidder could be assigned 26 GHz lots contained in a block that, in respect of that other bidder’s winning principal stage bids for 26 GHz lower lots and 26 GHz upper lots, satisfies the condition in subparagraph (a);
(ii) each other bidder could be assigned 26 GHz lots contained in a block that satisfies the condition in subparagraph (b);
(iii) leftover 26 GHz lower lots (if any) could remain unassigned and relate to the same particular numbered lots of 26 GHz lower lots as those leftover 26 GHz lower lots that were unassigned for the first period following the first assignment stage round; and
(iv) leftover 26 GHz upper lots (if any) could remain unassigned and relate to the same particular numbered lots of 26 GHz upper lots as those leftover 26 GHz upper lots that were unassigned for the first period following the second assignment stage round.
(1) In order to bid for a 26 GHz lot second period assignment stage option, a bidder must specify, on the assignment stage form, either a value of zero pounds or an amount in whole thousands of pounds that it is willing to pay for a licence that authorises the use of frequencies corresponding to the block of numbered 26 GHz lots for the second period that is the 26 GHz lot second period assignment stage option, in addition to—
(a) the total 26 GHz lower base price and the total 26 GHz upper base price for that bidder’s winning principal stage bids for 26 GHz lower lots and 26 GHz upper lots; and
(b) the 26 GHz lower lot additional price (if any) and 26 GHz upper lot additional price (if any) for that bidder’s winning assignment stage bids (if any), in the first assignment stage round and in the second assignment stage round.
(2) A bidder may make no more than one 26 GHz lot second period assignment stage bid for each 26 GHz lot second period assignment stage option.
(3) A bidder is not required to make a 26 GHz lot second period assignment stage bid.
(4) A 26 GHz lot second period assignment stage bid is a valid 26 GHz lot second period assignment stage bid if—
(a) the bid is specified on a valid assignment stage form; and
(b) the bidder has paid the full sum of the required third assignment stage round deposit by the deadline specified by OFCOM.
(5) Where a bidder does not make a valid 26 GHz lot second period assignment stage bid for a 26 GHz lot second period assignment stage option that bidder will be deemed to have made a valid 26 GHz lot second period assignment stage bid with a value of zero pounds for that 26 GHz lot second period assignment stage option.
89 Determination of the winning 26 GHz lot second period assignment stage bids
(1) OFCOM shall determine the winning 26 GHz lot second period assignment stage bids after the deadline for paying the required third assignment stage round deposit.
(2) The winning 26 GHz lot second period assignment stage bids shall be those valid 26 GHz lot second period assignment stage bids that comprise the winning combination of valid 26 GHz assignment stage bids.
(3) The winning combination of valid 26 GHz lot second period assignment stage bids shall be the valid combination of 26 GHz lot second period assignment stage bids having the highest total value of amounts bid.
(4) A combination of valid 26 GHz lot second period assignment stage bids is a valid combination of 26 GHz lot second period assignment stage bids if—
(a) within that combination there is one valid 26 GHz lot second period assignment stage bid from each winning bidder for 26 GHz lots;
(b) each of those valid 26 GHz lot second period assignment stage bids is for a 26 GHz lot assignment stage option as determined by OFCOM for the bidder; and
(c) no numbered 26 GHz lot is included in more than one of the 26 GHz lot second period assignment stage bids included in the combination of valid 26 GHz lot second period assignment stage bids.
(5) Where there is more than one valid combination of 26 GHz lot second period assignment stage bids for which the total value is equal highest, OFCOM shall employ a method of random selection from amongst those valid combinations of 26 GHz lot second period assignment stage bids for which the value is equal highest to determine the winning combination of valid 26 GHz lot second period assignment stage bids.
90 Determination of 26 GHz lot second period additional prices
In respect of each winning 26 GHz lot second period assignment stage bid, OFCOM shall determine an amount in whole pounds (“26 GHz lot second period additional price”) which shall be payable by the relevant winning bidder in accordance with Schedule 7.
91 Notification to bidders before each assignment stage round
Before the start of each assignment stage round, OFCOM shall notify each bidder eligible to make an assignment stage bid in that assignment stage round of—
(a) the assignment stage options that are available to that bidder in that assignment stage round; and
(b) the date on which, and the times on that date within which, the assignment stage round will begin and end.
(1) Before the first assignment stage round OFCOM shall provide each winning bidder for 40 GHz lots an assignment stage form for 40 GHz assignment stage bids and each winning bidder for 26 GHz lower lots an assignment stage form for 26 GHz lower assignment stage bids.
(2) Before the second assignment stage round OFCOM shall provide each winning bidder for 26 GHz upper lots an assignment stage form for 26 GHz upper assignment stage bids.
(3) Before the third assignment stage round OFCOM shall provide each 26 GHz double lot winner an assignment stage form for 26 GHz lot second period assignment stage bids.
(1) A bidder must submit a completed assignment stage form to OFCOM by using the auction system, except as provided for in regulation 96.
(2) A completed assignment stage form must be received by OFCOM by the time notified to bidders under regulation 91(b) as the end of the assignment stage round.
An assignment stage form is a valid assignment stage form if—
(a) the bidder has complied with regulations 72(1) and 72(2), regulations 77(1) and 77(2), regulations 82(1) and 82(2) or regulations 88(1) and 88(2) as the case may be in respect of the assignment stage bids specified on the form; and
(b) the bidder has submitted the form in accordance with regulation 93 or 96.
95 Notification that an assignment stage form is not valid
Where a bidder submits an assignment stage form which is not a valid assignment stage form, OFCOM shall, after the end of the assignment stage round, notify the bidder of that fact and shall give the reasons why the assignment stage form is not a valid assignment stage form.
96 Alternative method for submission of assignment stage form
(1) Where OFCOM are satisfied that a bidder is unable to submit an assignment stage form by using the auction system because of technical failure (or an event or circumstance with similar effect on the bidder’s ability to use the auction system), OFCOM shall notify the bidder of an alternative method of submitting the assignment stage form and any requirements relating to the authentication of communications made by means of the alternative method.
(2) The bidder must submit the assignment stage form by means of the alternative method and must comply with any requirements which have been notified to it under paragraph (1) relating to the authentication of communications.
(1) Where, due to the manner of completion, an assignment stage form is incomplete or defective but OFCOM believe that they can ascertain the bidder’s intention in relation to the making of assignment stage bids, OFCOM shall ask the bidder to confirm in a notice to OFCOM by a deadline specified by OFCOM that OFCOM have correctly ascertained the bidder’s intention in relation to the making of assignment stage bids.
(2) Where the bidder confirms in a notice given to OFCOM by the deadline which is signed by two authorised persons that OFCOM have correctly ascertained the bidder’s intention, the assignment stage form in its entirety shall be accepted by OFCOM on that basis.
(3) Where the bidder does not give such confirmation, the assignment stage form in its entirety shall be rejected by OFCOM and none of the assignment stage bids made on that assignment stage form shall be valid, and regulations 72(5), 77(5), 82(5) or 88(5) shall apply.
(1) A further sum in pounds must be paid into OFCOM’s bank account, with accompanying information which identifies the bidder, by a deadline specified by OFCOM for the first assignment stage round (the “required first assignment stage round deposit”).
(2) The required first assignment stage round deposit shall be an amount such that the total amount that the bidder has on deposit is not less than the amount which is the sum of—
(a) the amount which is the bidder’s total base price for its winning principal stage bids;
(b) the amount which is the bidder’s highest 40 GHz lot assignment stage bid for a 40 GHz assignment stage option; and
(c) the amount which is the bidder’s highest 26 GHz lower lot assignment stage bid for a 26 GHz lower assignment stage option.
(1) A further sum in pounds must be paid into OFCOM’s bank account, with accompanying information which identifies the bidder, by a deadline specified by OFCOM for the second assignment stage round (the “required second assignment stage round deposit”).
(2) The required second assignment stage round deposit shall be an amount such that the total amount that the bidder has on deposit is not less than the amount which is the sum of—
(a) the amount which is the bidder’s total base price for its winning principal stage bids;
(b) the amount which is the bidder’s additional price for its winning assignment stage bid for 40 GHz lots (if any);
(c) the amount which is the bidder’s additional price for its winning assignment stage bid for 26 GHz lower lots (if any); and
(d) the amount which is the bidder’s highest 26 GHz upper assignment stage bid for a 26 GHz upper assignment stage option.
(1) A further sum in pounds must be paid into OFCOM’s bank account, with accompanying information which identifies the bidder, by a deadline specified by OFCOM for the third assignment stage round (the “required third assignment stage round deposit”).
(2) The required third assignment stage round deposit shall be an amount such that the total amount that the bidder has on deposit is not less than the amount which is the sum of—
(a) the amount which is the bidder’s total base price for its winning principal stage bids;
(b) the amount which is the bidder’s additional price for its winning assignment stage bid for 40 GHz lots (if any);
(c) the amount which is the bidder’s additional price for its winning assignment stage bid for 26 GHz lower lots (if any);
(d) the amount which is the bidder’s additional price for its winning assignment stage bid for 26 GHz upper lots (if any); and
(e) the amount which is the bidder’s highest 26 GHz lot second period assignment stage bid for a 26 GHz lot second period assignment stage option.
101 Notification of results of the assignment stage
(1) After the end of step one (the first assignment stage round), OFCOM shall notify each bidder of—
(a) the 40 GHz lot assignment stage option (if any) for which the bidder made a winning assignment stage bid; and
(b) the 40 GHz lot additional price (if any) determined for the winning 40 GHz lot assignment stage option;
(c) the 26 GHz lower assignment stage option (if any) for the first period for which the bidder made a winning assignment stage bid;
(d) the 26 GHz lower lot first period additional price (if any) determined for the winning 26 GHz lower assignment stage option for the first period.
(2) After the end of step two (the second assignment stage round), OFCOM shall notify each bidder of—
(a) the 26 GHz upper assignment stage option (if any) for the first period for which the bidder made a winning assignment stage bid;
(b) the 26 GHz upper lot additional price (if any) determined for the winning 26 GHz upper assignment stage option for the first period.
(3) After the assignment of 26 GHz lots under step three, if any, OFCOM shall notify each bidder which was assigned lots of the blocks of 26 GHz lots which were assigned for the second period.
(4) After the end of step four (the third assignment stage round), if any, OFCOM shall notify each bidder of—
(a) the 26 GHz lot second period assignment stage option (if any) for which the bidder made a winning assignment stage bid;
(b) 26 GHz lot second period additional price (if any) determined for the winning 26 GHz lot second period assignment stage option.
In these Regulations—
(a) a “40 GHz licence” is a licence that authorises a bidder to use particular frequencies corresponding to a block of such number of 40 GHz lots as that bidder has been assigned for the first period and also for the second period;
(b) a “26 GHz lower lot first period licence” is a licence that authorises a bidder to use particular frequencies corresponding to a block of such number of 26 GHz lower lots as that bidder has been assigned for the first period;
(c) a “26 GHz upper lot first period licence” is a licence that authorises a bidder to use particular frequencies corresponding to a block of such number of 26 GHz upper lots as that bidder has been assigned for the first period;
(d) a “26 GHz lot second period licence” is a licence that authorises a bidder to use particular frequencies corresponding to a block of such number of 26 GHz lots as that bidder has been assigned for the second period.
103 Determination of licences, licence fees and frequencies associated with particular licences
After notification of the results of the assignment stage under regulation 101 OFCOM shall determine—
(a) the licences which may be granted; and
(b) for each licence—
(i) the licence fee payable to OFCOM; and
(ii) the particular frequencies.
104 Licences which may be granted under this award process
The licences which may be granted to a bidder under this award process are—
(a) for a bidder which has been assigned 40 GHz lots, a 40 GHz licence;
(b) for a bidder which has been assigned 26 GHz lower lots for the first period, a 26 GHz lower lot first period licence;
(c) for a bidder which has been assigned 26 GHz upper lots for the first period, a 26 GHz upper lot first period licence; and
(d) for a bidder which has been assigned 26 GHz lots for the second period, a 26 GHz lot second period licence.
105 Licence fee payable by a winning bidder for a 40 GHz licence
The licence fee payable by a winning bidder for a 40 GHz licence shall be an amount equal to the sum of—
(a) that bidder’s total 40 GHz base price; and
(b) that bidder’s 40 GHz lot additional price (if any).
106 Licence fee payable by a winning bidder for a 26 GHz lower lot first period licence
The licence fee payable by a winning bidder for a 26 GHz lower lot first period licence shall be an amount equal to the sum of—
(a) that bidder’s total 26 GHz lower base price; and
(b) that bidder’s 26 GHz lower lot first period additional price (if any).
107 Licence fee payable by a winning bidder for a 26 GHz upper lot first period licence
The licence fee payable by a winning bidder for a 26 GHz upper lot first period licence shall be an amount equal to the sum of—
(a) that bidder’s total 26 GHz upper base price; and
(b) that bidder’s 26 GHz upper lot first period additional price (if any).
108 Licence fee payable by a winning bidder for a 26 GHz lot second period licence
The licence fee payable by a winning bidder for a 26 GHz lot second period licence shall be an amount equal to that bidder’s 26 GHz lot second period additional price (if any).
109 Particular frequencies to be included in a 40 GHz licence granted to a winning bidder
Where a bidder was assigned 40 GHz lots under step one (in accordance with regulation 73) the 40 GHz licence granted to that bidder shall authorise the use of the frequencies assigned.
110 Particular frequencies to be included in a 26 GHz lower lot first period licence granted to a winning bidder
Where a bidder was assigned 26 GHz lower lots under step one (in accordance with regulation 78) the 26 GHz lower lot first period licence granted to that bidder shall authorise the use of the frequencies assigned.
111 Particular frequencies to be included in a 26 GHz upper lot first period licence granted to a winning bidder
Where a bidder was assigned 26 GHz upper lots under step two (in accordance with regulation 83) the 26 GHz upper lot first period licence granted to that bidder shall authorise the use of the frequencies assigned.
112 Particular frequencies to be included in a 26 GHz lot second period licence granted to a winning bidder
(1) Where a bidder was assigned 26 GHz lots—
(a) without bidding under step three (in accordance with regulation 85) the 26 GHz lot second period licence granted to that bidder shall authorise the use of the frequencies assigned; and
(b) under step four (in accordance with regulation 89) the 26 GHz lot second period licence granted to that bidder shall authorise the use of the frequencies assigned.
113 Determination of the total auction sum payable by winning bidders to OFCOM
(1) OFCOM shall determine the total auction sum payable by each winning bidder in accordance with paragraph (2).
(2) The total auction sum payable by a winning bidder shall be the sum of—
(a) for that winning bidder’s 40 GHz licence (if any), the licence fee determined in accordance with regulation 105;
(b) for that winning bidder’s 26 GHz lower lot first period licence (if any), the licence fee determined in accordance with regulation 106;
(c) for that winning bidder’s 26 GHz upper lot first period licence (if any), the licence fee determined in accordance with regulation 107; and
(d) for that winning bidder’s 26 GHz lot second period licence (if any), the licence fee determined in accordance with regulation 108.
114 Notification of the total auction sum payable by winning bidders to OFCOM
Following the determination of the total auction sum payable by each winning bidder to OFCOM, OFCOM shall notify each winning bidder of the total auction sum payable by that winning bidder to OFCOM.
115 Further payment where the amount of a winning bidder’s deposit is less than its total auction sum
Where, after the notification given in accordance with regulation 114, the total amount that a winning bidder has on deposit is an amount that is less than the total auction sum payable by that bidder to OFCOM, the bidder must pay into OFCOM’s bank account, with accompanying information which identifies the bidder, the sum in pounds which is the difference between such amount and the amount the bidder has on deposit, by a deadline specified by OFCOM.
(1) Where, following the passing of the deadline under regulation 115, the total amount that a winning bidder has on deposit is an amount that is equal to or more than the total auction sum payable by that bidder to OFCOM, OFCOM shall grant to that bidder the relevant licences referred to in regulation 117.
(2) Where, following the passing of the deadline under regulation 115, the amount of the deposit of a winning bidder remains less than the total auction sum payable by that bidder to OFCOM, that bidder—
(a) shall not be entitled to the grant of any licences under these Regulations and shall not receive a refund of any sum which the bidder has paid as a deposit under these Regulations which shall (where not already forfeited) be forfeited, together with any interest which has accrued on that deposit; and
(b) shall remain liable to pay the amount which is the difference (if any) between—
(i) the amount which is the total auction sum payable by that bidder to OFCOM; and
(ii) the amount the bidder has on deposit.
The licences referred to in regulation 116(1) are—
(a) in respect of a bidder which has been assigned 40 GHz lots, a 40 GHz licence which authorises the use of the frequencies determined in accordance with regulation 109;
(b) in respect of a bidder which has been assigned 26 GHz lower lots, a 26 GHz lower lot first period licence which authorises the use of the frequencies determined in accordance with regulation 110;
(c) in respect of a bidder which has been assigned 26 GHz upper lots, a 26 GHz upper lot first period licence which authorises the use of the frequencies determined in accordance with regulation 111; and
(d) in respect of a bidder which has been assigned 26 GHz lots for the second period, a 26 GHz lot second period licence which authorises the use of frequencies determined in accordance with regulation 112.
Where, following the grant of licences, the total amount a bidder has on deposit at that time is an amount that is greater than the total auction sum payable by that bidder to OFCOM, OFCOM shall refund to that bidder a sum in pounds which is the difference between—
(a) the amount which is the total auction sum payable by that bidder to OFCOM (if any); and
(b) the amount the bidder has on deposit.
119 Notification to bidders following the grant of licences
Following the grant of licences and the refund (if any) of deposits, OFCOM shall notify each winning bidder of the names of all of the winning bidders to whom licences were granted, and, in relation to each of them—
(a) the frequencies in respect of which the licences were granted; and
(b) the licence fees paid, indicating the total base prices and the additional prices.