Radiocommunications (Spectrum Licence Allocation – 850/900 MHz Band) Determination 2021 (Cth)

Radiocommunications (Spectrum Licence Allocation – 850/900 MHz Band) Determination 2021

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

Dated: 19 August 2021 Chris Jose [signed] Member

Linda Caruso [signed] Member/General Manager

Australian Communications and Media Authority

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Interpretation 5 Lots and products 6 References to other instruments 7 Giving documents to the ACMA 8 Statutory declaration for body corporate 9 Signing or executing documents other than deeds and statutory declarations 10 Payments of amounts 11 Giving documents to bidders Part 2—General limits on allocation of spectrum Division 1 General allocation limits 12 Interpretation 13 Meaning of allocation limits 14 Allocation limits Division 2 Associates, relevant group of persons and affiliations 15 Meaning of associate and relevant group of persons 16 Affiliation between applicants or bidders 17 Information relevant to considering whether applicants or bidders are affiliated Part 3—Confidentiality 18 Meaning of confidential information 19 Obligation not to disclose confidential information 20 Duration of confidentiality obligation 21 Reporting breach of confidentiality 22 Notice of breach of confidentiality 23 Deed of confidentiality required from related persons and contractors Part 4—Procedures before auction Division 1 Preliminary 24 Auction manager 25 Application fee 26 Application fee not refundable except in certain circumstances 27 Application deadline and eligibility deadline 28 Starting prices, lot ratings and forms Division 2 Advertising the auction 29 Notice advertising auction 30 Applicant information package Division 3 Application to participate in the auction 31 Making an application 32 Initial auction information provided to applicants 33 Provisional start demand validity rules for application 34 Applicants to notify the ACMA if application information incorrect 35 Applicant to make statutory declaration 36 Failure to give statutory declaration 37 Procedure if ACMA satisfied applicants are affiliated 38 Requirements for new application 39 Initial auction information provided to new applicants 40 Compliance or non-compliance with allocation limits procedures – effect on supply of 900 upper products Division 4 Maximum eligibility points, provisional minimum spectrum requirements and securing eligibility points 41 Maximum eligibility points and provisional minimum spectrum requirements 42 Eligibility payment or deed of financial security required for maximum eligibility points Division 5 Changes to starting prices, and related matters 43 Varying starting prices, lot ratings and set-aside prices, and setting new deadlines 44 Notice of updated documents 45 Giving replacement application form 46 Updating eligibility nomination form and financial security 47 Notice inviting new applicants to the auction 48 Making an application – new applicants to the auction 49 Initial auction information provided to new applicants when starting prices changed 50 Statutory declarations and affiliations – where there are new applicants to the auction 51 Changes to applicants as a result of this Division – effect on supply of 900 upper products Division 6 Withdrawal of applications 52 Withdrawal of application Division 7 Registration of bidders 53 Register of bidders 54 Registration process 55 Bidders to notify the ACMA if register incorrect Division 8 Preparation for bidding and scheduling rounds of the auction 56 Preparation for bidding 57 Security of the auction 58 Auction rounds 59 Pre-bidding phase and first clock round Part 5—Auction procedures, and allocation of set-aside lots Division 1 Procedures to be applied for auction and allocation of set-aside lots 60 Auction stages 61 Procedures if only one bidder 62 Procedures in relation to set-aside lots 63 Rounds of the auction 64 Auction manager's discretion to accept entries and bids 65 Action that auction manager may take in exceptional circumstances Division 2 Affiliations during the auction 66 Affiliation between bidders during auction period not permitted 67 Requirement to report affiliation 68 Auction continues despite possible affiliation 69 Consideration of affiliation Division 3 Statement by primary winners, secondary winners and set-aside participants about affiliations 70 Primary winners, secondary winners and set-aside participants to make statement about affiliations 71 Notification of affiliation 72 Consequence of affiliation Part 6—Procedures after auction Division 1 Notices and refunds to withdrawn applicants and unsuccessful bidders 73 Notice and refunds to withdrawn applicants 74 Notice and refunds to unsuccessful bidders Division 2 Winning prices, payment and issue of spectrum licences 75 Winning price and balance of winning price 76 Results of the auction 77 Sufficient eligibility payment – issue of spectrum licence without further payment 78 Payment of balance of winning price 79 Publication of auction results Part 7—Miscellaneous 80 Unallocated spectrum 81 Applicants and bidders must not misuse auction system 82 The ACMA may obtain information from applicants and bidders 83 Use of information and documents by the ACMA 84 The ACMA to provide information to ACCC on request 85 Retention of eligibility payment or enforcement of deed of financial security for breach of auction procedures 86 Effect of retention on winning bidders 87 Application to Federal Court for return of retained amount 88 No liability of the ACMA, etc 89 Other rights not affected 90 Auction manager may delegate functions and powers Schedule 1─Allocation of set-aside lots for set-aside prices 1 Application of Schedule 2 Allocation of set-aside lots Schedule 2─Rules for the primary stage of the auction Part 1 Application and interpretation 1 Application of Schedule 2 Interpretation Part 2 Processing of bids 2A Processing algorithm 2B Applying an increase bid 2C Applying a decrease bid 2D Applying a maintain bid Part 3 Arrangements for primary stage 3 Entries in the auction system before the first clock round – pre-bidding phase 4 Setting bid increment percentage and eligibility requirement percentage 5 Schedule for clock rounds 6 Recess days 7 Clock rounds 8 Information available for clock rounds of the primary stage 9 Changing bid increment percentage 10 Changing eligibility requirement percentage Part 4 Bidding in the primary stage 11 Definitions 12 Eligibility points 13 Reduction in eligibility points 14 Clock round bids 15 Validity of bids Part 5 Determining the primary winners and primary prices 16 End of clock rounds 17 Determination of primary winners and primary prices Part 6 Bringing the primary stage to an end 18 Results of the primary stage 19 End of the primary stage Schedule 3─Rules for the secondary stage of the auction Part 1 Application and interpretation 1 Application of Schedule 2 Bidders to choose between products 3 Interpretation Part 2 Arrangements for secondary stage 4 Schedule for rounds of the secondary stage and setting bid increment percentage 5 Rounds of the secondary stage 6 Information available during the secondary stage 7 Recess days Part 3 Bidding in the secondary stage 8 When a bidder cannot make a bid on a lot 9 Starting price and specified price 10 Changing bid increment percentage 11 General rules about bidding 12 Continue bid made at or greater than specified price 13 Validity of bids 14 Exit bids – exclusion from further participation Part 4 Determining the secondary winners and secondary prices 15 Final round for bids on a lot, final round of the secondary stage, secondary winners and final high bid 16 Tiebreaker for a lot Part 5 Bringing the secondary stage to an end 17 End of rounds of the secondary stage 18 Determination of secondary prices 19 Results of the secondary stage 20 End of the secondary stage Schedule 4─Rules for the assignment stage of the auction Part 1 Application and interpretation 1 Application of Schedule 2 Interpretation Part 2 Arrangements for assignment stage 3 Schedule for assignment rounds Part 3 Bidding in the assignment stage 4 Frequency range options in assignment rounds 5 Assignment bids 6 Validity of assignment bids Part 4 Determining winning assignment bids and assignment prices 7 Determination of winning assignment bids 8 Assignment of frequencies and determination of assignment prices 9 Assignment of frequencies for 900 lower products Part 5 Allocation of downshift spectrum 10 Allocation of downshift spectrum 11 Downshift spectrum not allocated Part 6 Bringing the assignment stage to an end 12 Results of the assignment stage 13 End of the assignment stage Schedule 5─Payment of balance of the winning price greater than zero, and issue of spectrum licences Part 1 Application and interpretation 1 Application of Schedule 2 Interpretation Part 2 Payment of winning price 3 Payment of balance of winning price Part 3 Issue of spectrum licences 4 Issue of spectrum licences 5 Default