196. Procedure in connection with consideration of applications for licences.

Where a person has made an application1 for an additional services licence2, Ofcom3 may not proceed to consider whether to award him the licence on the basis of his cash bid4 unless it appears to Ofcom5:


    (1)     that the proposed technical plan submitted in response to the tender notice6, so far as it involves the use of an electronic communications network7, contains proposals that are acceptable to Ofcom8; and


    (2)     that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force9.

If, at any