Schedule 1 - PROBE Supplier Priority Status

Priority for an Area Licence

Priority for Site Specific Use Rights

1. PROBE Suppliers have priority access to Area Licences, or site specific use rights within areas to which an Area Licence relates, to the extent that:

1. the spectrum will be used to provide a Fixed Wireless Access service;
2. use of the spectrum to which any Area Licence, or any site specific use right within an area to which an Area Licence relates (as the case may be) is specified in the PROBE Supplier's PROBE Contract schedule of works. To avoid doubt, a PROBE Supplier does not obtain priority to an Area Licence, or to site specific use rights, where that use is not specified, or exceeds what is specified, in such PROBE Contract schedule of works;
3. the PROBE Supplier does not have a Controlling Interest in sufficient alternative spectrum rights or radio licences (excluding general use rights and licences) for the provision of Fixed Wireless Access services or in a substitute broadband delivery system which could reasonably be used to provide such service. What constitutes a substitute broadband delivery system will be determined at the Chief Executive's discretion but includes a fixed line network which is capable of (or will be capable of following an upgrade) providing broadband delivery services to at least 25% of the population in the relevant area; and
4. the PROBE Supplier submits to the Chief Executive an application containing the details listed above prior to the closing date specified in the call for applications.

2. If a PROBE Supplier does not meet the priority criteria in paragraph 1 of this Schedule, it may still apply for an Area Licence (but not site specific use rights). Such an application must be made under clause 14 of these allocation rules and is subject to these allocation rules.

3. A PROBE Supplier's priority status under these allocation rules does not grant any right to a PROBE Supplier to submit an application after the closing date set out in the call for applications. As a consequence, a PROBE Supplier's right to obtain priority status under these allocation rules terminates if it does not submit an application prior to, or on, the closing date.

4. An application by a PROBE Supplier for priority to an Area Licence, or to a site specific use right within an area to which an Area Licence relates, must be in writing and must include a statutory declaration specifying:

1. evidence to satisfy the Chief Executive that the requirements described in paragraph 1 (1) to (3) of this Schedule are met;
2. details of the areas for which Area Licences are sought by the PROBE Supplier or, where the PROBE Supplier requires site specific use rights only, details of those sites;
3. if the PROBE Supplier's application is in relation to site specific use rights, that it will enter into an agreement with the person who obtains the Area Licence within which the site is located, in accordance with clause 6.2(b) of the Licence Agreement; and
4. the PROBE Supplier's agreement to comply with, and be bound by, the allocation rules unless it withdraws its application by providing written notice to the Ministry prior to the closing date set out in the call for applications.

5. The Chief Executive may seek further information to ensure that the application (and statutory declaration) satisfies the requirements for obtaining priority and the other requirements of this Schedule 1. The Chief Executive will publish the application for a site specific use right against the relevant Area Licence application in accordance with clause 16.

6. A PROBE Supplier will be notified of its provisional success or otherwise in accordance with clause 24 and will be deemed to be the Provisionally Successful Applicant in accordance with clause 25(a).

Priority for an Area Licence

7. Where a PROBE Supplier application for an Area Licence meets the requirements of this Schedule 1, the PROBE Supplier, subject to notification under clause 24, will be the Provisionally Successful Applicant for the Area Licence to which the application relates. The PROBE Supplier must otherwise comply with these allocation rules (and, in particular but without limit, clauses 26 onwards) to complete settlement for the Area Licence.

8. The PROBE Supplier, subject to complying with all other rules in these allocation rules, must pay the offer price for the Area Licence that is specified in the call for applications.

Priority for Site Specific Use Rights

9. Where a PROBE Supplier application for site specific use rights meets the requirements of this Schedule 1, the PROBE Supplier must, within ten (10) Working Days from the date that the PROBE Supplier receives notice from the Chief Executive stating that the requirements of this Schedule are met, deliver to the Chief Executive a statutory declaration specifying those matters listed in clause 27(a) to (c). Clauses 28 to 31 apply as if the PROBE Supplier was a Provisionally Successful Applicant for the purpose of those clauses. For the purposes of this paragraph 9, every reference to an "Area Licence" in clauses 27 to 31 shall be read as a reference to a "site specific use right".

10. Subject to clauses 30 and 31, within ten (10) Working Days of satisfying paragraph 9 of this Schedule or notifying the Chief Executive that a clearance or authorisation has been obtained (if applicable), whichever is the later, the Chief Executive will confirm that the PROBE Supplier has the site specific use rights to the sites to which the PROBE Supplier's application relates, subject to the PROBE Supplier entering into an agreement with the person who obtains the Area Licence within which the site is located, in accordance with clause 6.2(b) of the Licence Agreement.