Radiocommunications (Spectrum Licence Allocation — 26 GHz Band) Determination 2020 (Cth)

Radiocommunications (Spectrum Licence Allocation — 26 GHz Band) Determination 2020

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

Dated: 20 November 2020

Chris Jose [signed] Member

Linda Caruso [signed] Member/General Manager

Australian Communications and Media Authority

Contents

Part 1—Preliminary 1 Name of instrument 2 Commencement 3 Authority 4 Interpretation 5 Lots and products 6 References to other legislative instruments, and to other instruments or writing 7 Giving documents to the ACMA 8 Statutory declaration for body corporate 9 Payment of amounts Part 2—Limits on allocation of spectrum 10 Interpretation 11 Meaning of allocation limits 12 Allocation limits 13 Meaning of associate and specified group of persons 14 Affiliation between applicants or bidders 15 Information relevant to considering whether applicants or bidders are affiliated Part 3—Confidentiality 16 Meaning of confidential information 17 Obligation to not disclose confidential information 18 Duration of confidentiality obligation 19 Reporting breach of confidentiality 20 Notice of breach of confidentiality 21 Deed of confidentiality required from related persons and contractors Part 4—Procedures before auction 22 Auction manager 23 Setting application fee 24 Application fee and withdrawal on variation of starting prices 25 Advertising of auction by the ACMA 26 Applicant information package 27 Starting prices, lot ratings and minimum spectrum requirements 28 Making an application 29 Provisional start demand validity rules for application 30 Applicants to notify ACMA if application information incorrect 31 Applicant to make statutory declaration 32 Failure to give statutory declaration 33 Procedure if ACMA satisfied applicants are affiliated 34 Requirements for new application 35 Maximum eligibility points and selecting provisional minimum spectrum requirements 36 Eligibility payment or deed of financial security required for maximum eligibility points 37 Varying starting prices, lot ratings and deadlines 38 Notice of updated documents 39 Giving of updated documents and updating financial security 40 Notice inviting new applicants to the auction 41 Making a new application 42 Statutory declarations and affiliations 43 Withdrawal of applicant 44 Register of bidders 45 Registration process 46 Bidders to notify ACMA if register incorrect 47 Preparation for bidding 48 Security of the auction 49 Auction rounds 50 First and second clock rounds and pre-bidding phase before first clock round Part 5—Auction procedures 51 Auction stages 52 Procedures if only one bidder 53 Rounds of the auction 54 Auction manager's discretion to accept entries and bids 55 Action that auction manager may take in exceptional circumstances 56 Affiliation between bidders during auction period not permitted 57 Requirement to report affiliation 58 Auction continues despite possible affiliation 59 ACMA consideration of affiliation 60 Primary winners and secondary winners to make statement about affiliations 61 Notification that winners are affiliated 62 Consequences of affiliation between winners Part 6—Procedures after auction 63 Notice and refunds to withdrawn applicants 64 Notice and refunds to unsuccessful bidders 65 Winning price and balance of winning price 66 Results of the auction 67 Sufficient eligibility payment – issue of spectrum licence without further payment 68 Payment of balance of winning price 69 Publication of auction results Part 7—Miscellaneous 70 Unallocated spectrum 71 Bidders must not misuse auction system 72 ACMA may obtain information from applicants and bidders 73 Use of information and documents by ACMA 74 ACMA to provide information to ACCC on request 75 Retention of eligibility payment or enforcement of deed of financial security for breach of auction procedures 76 Effect of retention on winning bidders 77 Application to Federal Court for return of retained amount 78 No liability of the ACMA, etc. 79 Other rights not affected 80 Auction manager may delegate functions and powers Schedule 1—Rules for the primary stage of the auction Part 1—Application and interpretation Part 2—Processing of bids Part 3—Arrangements for primary stage Part 4—Bidding in the primary stage Part 5—Determining the primary winners and primary prices Part 6—Bringing the primary stage to an end Schedule 2—Rules for the secondary stage of the auction Part 1—Application and interpretation Part 2—Arrangements for secondary stage Part 3—Bidding in the secondary stage Part 4—Determining the secondary winners and secondary prices Part 5—Bringing the secondary stage to an end Schedule 3—Rules for the assignment stage of the auction Part 1—Application and interpretation Part 2—Arrangements for assignment stage Part 3—Bidding in the assignment stage Part 4—Determining winning assignment bids and assignment prices Part 5—Bringing the assignment stage to an end Schedule 4 —Payment of balance of the winning price greater than zero and issue of spectrum licence Part 1—Application and interpretation Part 2—Election of winning bidder for payment of winning price Part 3—Issue of spectrum licences