Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016 (Cth)

Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016

The Australian Communications and Media Authority makes the following determination under section 60 and section 294 of the Radiocommunications Act 1992.

Dated: 15 DECEMBER 2016

Richard Bean [signed] Member

Anita Jacoby [signed] Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name This is the Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016.

2 Commencement This instrument commences at the start of the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority This instrument is made under section 60 and section 294 of the Act.

4 Interpretation (1) In this instrument: 10 MHz lot: see Part 2 of Schedule 2. 5 MHz lot: see Part 2 of Schedule 2. 700 MHz band: see Part 1 of Schedule 2. 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. affiliated: see sections 12 and 13. allocation limits: see section 10. allocation limits direction means the direction in section 6 of the Radiocommunications (Spectrum Licence Allocation—Residual 700 MHz Spectrum) Direction 2016. allocation process means the procedures to be applied in allocating spectrum licences, as determined in this instrument. 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 27(1). application deadline: see paragraph 26(1)(f). application form means the form approved by the ACMA under paragraph 27(1)(g). ARBN has the meaning given by section 9 of the Corporations Act 2001. associate: see section 11. auction means an auction of lots held in accordance with this instrument. auction manager means the person appointed under section 23. auction period means the period commencing on the preference deadline and ending at the close of the auction under clause 14 of Schedule 1. auction system means the system the ACMA makes available to bidders to make bids in the auction. balance of the pre-determined price for a spectrum licence means either, or both, the delayed pre-determined price for the licence or the balance of the up-front pre-determined price for the licence, as the context requires. balance of the upfront pre-determined price: see subsection 43(2). balance of the upfront winning price: see subsection 73(2). bid means a bid made on a lot, and includes a bid taken to be made on a lot. bidder means a person registered by the ACMA as a bidder under section 53. bid increment percentage: see section 36. carrier has the same meaning as in the Telecommunications Act 1997. confidential information: see section 16. continue bid, in relation to a lot, means a bid made on the lot in a round of the auction that is equal to or greater than the specified price of the lot for that round. delayed pre-determined price: see subsection 43(3). delayed pre-determined price bank guarantee: see subsection 44(6). delayed winning price: see subsection 73(3). delayed winning price bank guarantee: see subsection 75(7). deed of acknowledgement means a deed in the form approved under paragraph 27(1)(j) that has been completed and executed by an applicant in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument. Note: Strict compliance with the form is required. deed of confidentiality means a deed in the form approved under paragraph 27(1)(k) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument. Note: Strict compliance with the form is required. deed of financial security means a deed in the form approved under paragraph 27(1)(h) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument. deposit means a payment made by an applicant under section 38. designated area has the meaning given by the Radiocommunications (Spectrum Licence Allocation—Residual 700 MHz Spectrum) Direction 2016. Note: The designated area is the area bounded by the coordinates specified in Table A of the Schedule to the re-allocation declaration, excluding the Mid West Radio Quiet Zone (as defined in the re-allocation declaration). exit bid, in relation to a lot, means a bid made on the lot in a round of the auction that is: (a) less than the specified price of the lot for that round; and (b) either: (i) in any round other than the first round for bids on the lot – equal to or greater than the specified price of the lot for the previous round of the auction; (ii) in the first round for bids on the lot – equal to or greater than the starting price for the lot. final high bid: see subclauses 11(3) and (4) of Schedule 1. Note: Subclauses 12(3) and 13(3) of Schedule 1 affect the meaning of final high bid. final round for bids on the 10 MHz lot: see subclause 11(1) of Schedule 1. final round of the auction: see subclause 11(2) of Schedule 1. first auction instalment: see subparagraph 75(3)(b)(i). first instalment: see paragraph 46(2)(a). gross auction price: see subsection 75(10). gross price: see subsection 46(4). lot: see subsection (2). lower band: see Part 1 of Schedule 2. marketing plan means the Radiocommunications Spectrum Marketing Plan (700 MHz unallocated lots band) 2016. pre-determined price for a spectrum licence means either, or both, the delayed pre-determined price for the licence or the upfront pre-determined price for the licence, as the context requires. preference deadline: see paragraph 26(1)(g). preference nomination form means the form approved by the ACMA under subsection 28(2). preferred lots: see subsection 37(1). Note 1: An applicant's preferred lots may be affected by subsection 38(4). Note 2: A bidder may not be able to make a bid on one of its preferred lots in the circumstances set out in clause 4 of Schedule 1. previous allocation determination means the Radiocommunications (Spectrum Licence Allocation – Combinatorial Clock Auction) Determination 2012. previous successful bidder means each of the following: (a) Optus Mobile Pty Ltd ACN 054 365 696; (b) Telstra Corporation Ltd ACN 051 775 556. Note: Each previous successful bidder was allocated a spectrum licence as a result of an auction held under the previous allocation determination. 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) Declaration No. 1 of 2011. recess day: see subclause 3(1) of Schedule 1. register means the register of bidders maintained by the ACMA under section 52. related body corporate has the meaning given by the Corporations Act 2001. related person, in relation to an applicant or a 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. residual 700 MHz band: see Part 1 of Schedule 2. roaming services agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by one carrier to use public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier's public mobile telecommunications services are not available. second auction instalment: see subparagraph 75(3)(b)(ii). second instalment: see paragraph 46(2)(b). secured amount: see subsection 44(9). secured auction amount: see subsection 75(11). size, in relation to a lot, means: (a) for the 10 MHz lot – 10 MHz in the lower band and 10 MHz in the upper band; (b) for the 5 MHz lot – 5 MHz in the lower band and 5 MHz in the upper band. Note: Each lot comprises two parts of the spectrum. For the 10 MHz lot, each part of the spectrum has the same bandwidth (10 MHz). For the 5 MHz lot, each part of the spectrum has the same bandwidth (5 MHz). specified group of persons means: (a) in relation to an applicant or bidder – the applicant or bidder and all of the applicant's or bidder's associates; (b) in relation to a previous successful bidder – the previous successful bidder and all of the previous successful bidder's associates. Note: The definition of specified group of persons is affected by subsection 12(2) and subsection 13(2). specified price: see subclauses 5(2) to (6) of Schedule 1. starting price, for a lot, means the amount set by the ACMA for the lot under subsection 28(1). third auction instalment: see subparagraph 75(3)(b)(iii). third instalment: see paragraph 46(2)(c). upfront pre-determined price: see subsection 43(1). upfront winning price: see subsection 73(1). upper band: see Part 1 of Schedule 2. winning bidder: see subclause 11(5) of Schedule 1. Note: Subclauses 12(2) and 13(2) may affect who is a winning bidder for a lot. winning price: see section 72. working day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory, New South Wales or Victoria. Note: A number of other expressions used in this instrument are defined in the Act, including the following: (a) ACCC; (b) ACMA; (c) spectrum; (d) spectrum licence. In this instrument, register has a different meaning to that given to Register by section 5 of the Act. (2) In this instrument, each of the following is a lot: (a) the 10 MHz lot; (b) the 5 MHz lot. (3) In this instrument, the range of numbers that identifies a frequency range includes the higher, but not the lower, number. (4) In this instrument, a reference to time is a reference to the legal time in the Australian Capital Territory.