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Appendix D |
DEFINITIONS AND GLOSSARY OF TERMS
Unless the context requires otherwise, terms in this Memorandum (other than in Appendices I to L) shall have the following meanings:
| Activity Rules | The rules governing the behaviour of Bidders, Candidates and Insiders during the Auction, as set out in Part 7 of the Notice. |
| the Agency | Radiocommunications Agency (RA), an executive agency of the DTI. |
| Agency website | www.radio.gov.uk |
| Applicant | A party which has submitted an Application. |
| Application | The pre-qualification application submitted by an Applicant. |
| Application Date | The date by which Applications are to be submitted as determined in accordance with paragraph 2.1.6 of the Notice. |
| Application Form | The form on which Applications to pre-qualify must be submitted. |
| Associated Bidder | A Bidder that is related through ownership or other interest to one or more other Bidders or an existing Licensee in that Region, as defined in the Notice. |
| Auction | A process under which WT Act Licences for BFWA spectrum will be allocated. |
| Auction Date | The date notified to Bidders as being the date for the first round of a Multiple-round Auction. |
| Auction Location | The headquarters of the RA: Wyndham House, 189 Marsh Wall, London E14 9SX. |
| Authorised Person | One of three persons authorised to act on behalf of a Bidder in all aspects of the Auction. |
| Backstop Date | The last date on which a successful Bidder may satisfy any pre-conditions following the provisional award of a Licence, as defined in the Notice. |
| Bandwidth | The range of frequencies occupied by a radio signal. |
| BBC | British Broadcasting Corporation. |
| BFWA | Broadband Fixed Wireless Access. |
| Bidder | A body corporate which has made an Application and has not been notified of its exclusion from, or otherwise withdrawn from the Auction. |
| Broadband | A general term used to describe the capacity of equipment or networks which, in the case of digital technology, can carry bit rates equal to or in excess of 2 Mbp/s. Broadband telecommunications networks can carry a large number of voice, video and data channels simultaneously. |
| Broadcasting Acts | The Broadcasting Act 1990, as amended by the Broadcasting Act 1996. These Acts govern the licensing and operation of the broadcasting industry (including the provision of cable TV services, but excluding the BBC) in the UK. |
| BT | British Telecommunications plc. |
| Business Day |
A day other than
|
| Candidate | A party closely linked by ownership to a Bidder or an existing Licensee in that Region, as defined in the Notice. |
| Candidate Group | The Bidder or an existing Licensee in that Region and all Candidates in relation to that Bidder or existing Licensee, as defined in the Notice. |
| CC | The Competition Commission. |
| CEPT | The Conference of European Posts and Telecommunications Administrations. |
| Code Powers | Certain planning rights and permissions which may be granted to the holder of a T Act Licence, under the Telecommunications Code. |
| Competition Act | The Competition Act 1998, which repeals much of the earlier competition legislation in the UK. |
| Competition Commission | The commission set up under the Competition Act replacing the Monopolies and Mergers Commission. |
| Confidential Information | Information as defined in the Notice as being confidential. |
| Council | The Council of the European Union: the primary legislative body of the European Union. |
| CoSLA | Convention of Scottish Local Authorities |
| Current Price | The Current Price shall, in relation to each of the Licences, be the previous highest valid bid for that Licence. |
| Current Price Bidder | The Current Price Bidder is the Bidder who, in relation to a particular Licence, last bid the Current Price for that Licence. |
| Deferred Licence Fee | That portion of the Licence Fee to be paid in instalments in pounds sterling on the 6th to 10th anniversaries of the award of the WT Act Licence, subject to provision of the Guarantee. |
| Deferred Payments | Those individual payments comprising the Deferred Licence Fee. |
| Deposit | Collectively, the Initial Deposit, plus any interest, less penalties. |
| Deposit Period | A period over which the Deposits will be invested in Treasury Bills. |
| DETR | The former Department of the Environment, Transport and the Regions, see DTLR. |
| DGFT | Director General of Fair Trading. |
| Director General | The Director General of Telecommunications: the UK telecommunications industry regulator appointed by the Secretary of State under the T Act. |
| DTI | The Department of Trade and Industry. |
| DTLR | Department for Transport, Local Government and the Regions. |
| DTLR | website www.dtlr.gov.uk |
| EC | The European Community, part of the European Union. |
| EC Commission | The Commission of the European Communities. The executive of the EC, which initiates all European Community legislation, monitors its implementation by Member States and enforces the EC competition rules. |
| Economic Interest | An indirect ownership interest in a body corporate, as defined in the Notice. |
| ERC | European Radiocommunications Committee. |
| ETSI | European Telecommunication Standards Institute. |
| EU | The European Union, comprising the EC, the European Coal and Steel Community, the European Atomic Energy Community and intergovernmental co-operation in the fields of Common Foreign and Security Policy and provisions on police and judicial co-operation in criminal matters. |
| European Parliament | The European Parliament, whose members are elected by the citizens of EU Member States. The Parliament shares legislative powers with the Council in defined treaty areas. |
| Exemption Regulation | Regulations made under the Wireless Telegraphy Acts which exempt certain wireless telegraphy stations and apparatus from the requirement to be licensed under section 1(1) of the Wireless Telegraphy Act 1949. |
| Fair Trading Act | The Fair Trading Act 1973 which provides for the investigation and control of monopoly situations and mergers in the UK. |
| Fixed Wireless Access | Use of point-to-multipoint fixed links to connect subscribers (FWA) to a telecommunications network. (Also known as Radio Fixed Access.) |
| Fixed link | A communications link between two fixed points. Such links may be uni-directional (eg carrying television programme material to a transmitter) or bi-directional (eg carrying telephone traffic), and may be point-to-point or point-to-multipoint. |
| Fixed Satellite Service FSS | A communications service which employs transmission and reception between a geostationary orbital satellite and a terrestrial earth station. |
| Frequency | Radio signals are electromagnetic waves that travel at the speed of light and vary periodically in time and over distance. Frequency, measured in hertz (Hz), denotes the rate at which the signal varies in time. Radio frequencies are conventionally taken to range from 3 kHz to 3,000 GHz. |
| Frequency Division Duplex | A technique for bi-directional communication in which one radio frequency carrier is used for transmission (eg the link from the mobile to the base station) and a separate radio frequency carrier is used for reception (eg the link from the base station to the mobile). |
| GSM | Global System for Mobile Communications. |
| HM Government/ the Government | Her Majesty's Government: the Government of the United Kingdom of Great Britain and Northern Ireland. |
| Interconnection | The physical and logical linking of two or more telecommunication networks. |
| Interconnection Directive | Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of ONP. |
| IPR | Intellectual property right. |
| ITC | The Independent Television Commission, which licenses and regulates commercial television in the UK by setting and maintaining the standards for programmes, advertising and technical quality. |
| LAN | Local Area Network. |
| Licence | The licences offered for sale pursuant to the Regulations. |
| Licence Fee | The total amount in pounds sterling payable in respect of each Licence as determined by the final bid for that Licence by the successful Bidder. |
| Licensing Directive | Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunication services. |
| Local loop | A generic term applied to the traditional copper network providing connections between customers' telephones and the local telephone exchange. In a broader sense, it may be applied to any network providing connectivity between customers and the nearest operator's building which supports telecommunications service. |
| Member State | A member of the European Union. |
| Multiple-round Auction | An auction in a single Region as specified in Part 5 of the Notice. |
| MWS | Multimedia Wireless System. |
| Notice | The notice issued pursuant to the Wireless Telegraphy (BFWA) Regulations 2001, setting out the rules and procedures of the award process and related matters. |
| NRPB | National Radiological Protection Board. |
| NRPB website | www.nrpb.gov.uk |
| NFAP | National Frequency Assignment Panel. |
| NILO | National Investment and Loans Office. |
| NRA | National Regulatory Authority: a term used in European Community directives to refer to the national regulators. In the UK, Oftel and the DTI are the NRA for telecommunications and the RA is the NRA for radiocommunications. |
| OFCOM | The Office of Communications - a new regulator to be formed from five existing communications regulators and expected to be fully functioning by 2003. |
| OFCOM website | www.ofcom.gov.uk |
| OFT | The Office of Fair Trading: the office of the DGFT established under the Fair Trading Act. |
| Oftel | The Office of Telecommunications. |
| Oftel website | www.oftel.gov.uk |
| ONS | Office for National Statistics. |
| Participant | A direct owner of a portion of the share capital of a body corporate, as defined in the Notice. |
| PTO | Public Telecommunications Operator. |
| RA | The Radiocommunications Agency: an executive agency of the DTI responsible for the management of most non-military spectrum in the UK and for representing the UK in relevant international bodies. |
| Radio Authority | The regulatory body that oversees and licenses radio broadcasting in the UK. |
| Radio Fixed Access | Use of point-to-multipoint fixed links to connect subscribers to a telecommunication network. (Also known as Fixed Wireless Access). |
| Radio Regulations | Provisions complementing the Constitution and Convention of the ITU which regulate the use of the radio frequencies for communications and are binding on all ITU member states. |
| Recipient | A recipient of this Memorandum, whether physically or by electronic medium. |
| Regions | Refer to map Appendix F. |
| Regulations | The Wireless Telegraphy (BFWA Licences) Regulations 2001 authorising the assignment of 26 WT Act Licences. |
| Relevant Member | A member of a Bidder's Candidate Group who has a direct or indirect interest in the Bidder, voting power in the Bidder and possession of Confidential Information in relation to that Bidder, as defined in the Notice. |
| Reserve Price | A minimum price at which the Government will sell a WT Act Licence, as defined in the Notice. |
| Round | A Round of bidding in a Multiple-round Auction. |
| SDD | Scottish Development Department. |
| Secretary of State | The Secretary of State for Trade and Industry. |
| Significant Market Power | Under the Revised Voice Telephony Directive and the Interconnection Directive, an organisation is presumed to have significant market power when it has a share of more than 25% of a particular telecommunication market in the geographical area within which it is authorised to operate. NRAs may, nevertheless, determine that an organisation with a market share of less than 25% in the relevant market has significant market power or that an organisation with a market share of more than 25% in the relevant market does not have significant market power. |
| SSSI | Site of Special Scientific Interest. |
| SMP | Significant Market Power. |
| T Act | The Telecommunications Act. |
| T Act Licence | A licence granted pursuant to section 7 of the Telecommunications Act by the Secretary of State to persons of a class or to a particular person authorising the person or persons to whom the licence is granted to run a telecommunications system in the UK or part of the UK. |
| Telecommunications Act | The Telecommunications Act 1984, as amended, which governs the licensing, operation and regulation of the telecommunication industry in the UK. |
| TDD Time Division Duplex | A technique for bi-directional communication in which one radio frequency carrier is used for transmission and reception, the parts of the incoming and outgoing signals occurring at different time periods of the cycle of operation. |
| Wireless Telegraphy Acts | The Wireless Telegraphy Acts 1949 and 1998. |
| WT Act | The Wireless Telegraphy Act 1949 as amended by the WT Act 1998. These Acts regulate the use of civil radio spectrum in the UK. |
| WT Act Licence | A licence offered for sale pursuant to the Regulations. |
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