Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:33
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 33
Character Range: 65113–66700

33  Provisional start demand validity rules for application
  For the purposes of the following:
 (a) subparagraph 31(7)(a)(i);
 (b) paragraph 38(7)(a);
 (c) paragraph 46(2)(a);
 (d) subparagraph 48(4)(a)(i);
  a provisional start demand of an applicant, for lots of a product, is valid if both the following apply in relation to the provisional start demand:
 (e) the total size of the sum of:
 (i)  the provisional start demand of the applicant for the lots of the product (the relevant product); and
 (ii) if the relevant product is a major population product – the sum of the provisional start demands of the applicant for lots of each other major population product; and
 (iii) if the relevant product is a regional product – the sum of the provisional start demands of the applicant for lots of each other regional lot; and
 (iv) if the relevant product is a major population product and the applicant is a set-aside participant – 1 set-aside lot of the 900 upper major population product; and
 (v) if the relevant product is a regional product and the applicant is a set-aside participant – 1 set-aside lot of the 900 upper regional product;
  does not exceed the applicant's allocation limits (when expressed in MHz); and
 (f) the number of lots for the applicant's provisional start demand for the product is not greater than the number of lots for the supply of the product.
Note 1: See section 7 of the spectrum licence limits direction.
Note 2: For the 900 upper products, supply depends upon whether one or more set-aside applicants have elected to take up set-aside lots.