Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p22
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 22/36)
Character Range: 58570–61316

tell it the basis on which the ACMA is satisfied the applicant is affiliated with the existing relevant band licensee.
 (2) If the ACMA is satisfied that an applicant is affiliated with an existing relevant band licensee:
(a)      for each product where, if the applicant were issued spectrum licences for the number of lots of the applicant's start demand of the product, the applicant's allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product), or applicable to the Perth combined products,  would be exceeded – the applicant's start demand for the lots of the product is reduced by the number of lots necessary to ensure that the start demand does not exceed the applicant's allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product) or applicable to the Perth combined products; and
(b)      if, in accordance with paragraph (a), the number of lots of the applicant's start demands are reduced to zero for all products – the applicant is taken to have withdrawn its application.

          Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product.  For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products. See subsection 11(2).
 (3) The ACMA must tell an applicant in writing if the number of lots of its start demand of a product is reduced under paragraph (2)(a), unless subsection (4) applies.
 (4) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under paragraph (2)(b).
 (5) If section 34 applies to two or more applicants, the ACMA must not make a decision under subsection (1) in relation to any of those applicants until the procedures in section 34 and, if applicable, section 35 have been completed in relation to those applicants.
Division 4 Initial eligibility points, minimum spectrum requirements and financial security

37 Initial eligibility points and selecting minimum spectrum requirements
 (1) Subject to subsection (3), the maximum number of initial eligibility points that an applicant may specify in its completed eligibility nomination form is the sum of the lot ratings for the number of lots of each product, up to the applicant's allocation limits (when expressed in eligibility points):
         (a) applicable to the product, other than the Perth lower band product and the Perth