Radiocommunications (Spectrum Licence Allocation – 1800 MHz Band) Determination 2015 (Cth)

Radiocommunications (Spectrum Licence Allocation — 1800 MHz Band) Determination 2015

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under sections 60 and 294 of the Radiocommunications Act 1992.

Dated 28 August 2015

Richard Bean [signed] Member

James Cameron [signed] Member / General Manager

Australian Communications and Media Authority

Part 1 Preliminary

Overview of Part 1

This Part deals with preliminary matters, such as the commencement of the Determination, and defines terms and concepts used in the Determination.

1.1 Name of Determination

This Determination is the Radiocommunications (Spectrum Licence Allocation – 1800 MHz Band) Determination 2015.

1.2 Commencement

This Determination commences on the day after it is registered.

Note All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

1.3 Purpose of Determination

This Determination sets out the procedures to be applied: (a) in allocating spectrum licences in the 1800 MHz band: (i) by an ascending bid simultaneous multiple round auction of spectrum lots that then become the subject of spectrum licences; or (ii) by allocation for a pre‑determined price; and (b) in fixing spectrum access charges payable by licensees for issuing spectrum licences.

Note For subparagraph 1.3 (a) (ii), see Part 5.

1.4 Definitions

(1) In this Determination, unless the contrary intention appears: ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. ACN has the meaning given by section 9 of the Corporations Act 2001. Act means the Radiocommunications Act 1992. active: see subclause 5 (2) in Schedule 1. activity target: see subclause 5 (1) in Schedule 1. affiliated: see section 2.3. allocation limits: see section 2.1. applicant means a person who has applied for registration as a bidder. applicant information package means a package containing the information, forms and other documents set out in subsection 4.5 (1). application deadline: see paragraph 4.4 (1) (f). application form means the document approved by the ACMA under paragraph 4.5 (1) (h). ARBN has the meaning given by section 9 of the Corporations Act 2001. associate: see section 2.2. auction means an auction of spectrum lots held in accordance with this Determination. auction manager means the person appointed under section 4.1. auction period means the period from the eligibility deadline to the close of an auction under clause 19 in Schedule 1. auction system means the system provided by the ACMA for bidders to participate in an auction. balance of the pre‑determined price means the amount worked out in accordance with subsection 5.3 (2). balance of the winning price means the amount worked out in accordance with section 7.6. bidder means a person registered by the ACMA as a bidder under section 6.2. bidding instruction means any of the following: (a) a bid on a lot; (b) a bid withdrawal on a lot; (c) the exercise of a waiver; (d) an instruction to the auction manager not to exercise a waiver on the bidder's behalf. carrier has the same meaning as in the Telecommunications Act 1997. Chair means the Chair of the ACMA. confidential information: see section 3.1. Designation Notice means the Radiocommunications (Spectrum Designation) Notice No. 1 of 2014. eligibility deadline: see paragraph 4.4 (1) (g). eligibility payment means a payment made by an applicant under section 4.16. eligibility percentage has the meaning given by paragraph 4.14 (b). eligibility points, in relation to a bidder and a round, means the number of points the bidder may use to bid on lots in an auction. high bid, for a round, means the highest bid made on the lot in the bidding round. initial eligibility points, for a bidder, means the number of eligibility points secured by the bidder under section 4.16. lot: see subsection 1.5 (1). lot rating means the value of a lot in eligibility points as determined by the ACMA under section 4.6. Marketing Plan means the Radiocommunications Spectrum Marketing Plan (1800 MHz Band) 2015. pre‑determined price, for a spectrum licence for a lot, means the price, determined under subsection 5.3 (1), of the licence for the lot. pseudorandom means using computer-generated numbers that satisfy a statistical test for randomness, but are not generated by a truly random physical process. public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997. Re-allocation Declaration means the Radiocommunications (Spectrum Re-allocation―Regional 1800 MHz Band) Declaration 2015. register means the register of bidders maintained by the ACMA under section 6.1. related body corporate has the same meaning as in the Corporations Act 2001. related person, in relation to an applicant or bidder that is a body corporate, means any of the following: (a) a director or secretary of the applicant or bidder; (b) an employee of the applicant or bidder; (c) an employee of a related body corporate that provides services to the applicant or bidder. results: see subclause 1 (2) in Schedule 1. roaming services agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier's public mobile telecommunications services are not available. size: see subsection 1.5 (2). specified group of persons, in relation to an applicant or bidder, means the applicant or bidder and all of the applicant's or bidder's associates.