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Radiocommunications (Spectrum Licence Allocation — 1800 MHz Band) Determination 2015

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under sections 60 and 294 of the Radiocommunications Act 1992.

Dated 28 August 2015

Richard Bean
[signed]
Member

James Cameron
[signed]
Member / General Manager

Australian Communications and Media Authority

Part 1 Preliminary

Overview of Part 1

This Part deals with preliminary matters, such as the commencement of the Determination, and defines terms and concepts used in the Determination.

1.1 Name of Determination

  This Determination is the Radiocommunications (Spectrum Licence Allocation – 1800 MHz Band) Determination 2015.

1.2 Commencement

  This Determination commences on the day after it is registered.

Note   All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.frli.gov.au.

1.3 Purpose of Determination

  This Determination sets out the procedures to be applied:
         (a)        in allocating spectrum licences in the 1800 MHz band:
             (i) by an ascending bid simultaneous multiple round auction of spectrum lots that then become the subject of spectrum licences; or
  (ii) by allocation for a pre‑determined price; and
 (b) in fixing spectrum access charges payable by licensees for issuing spectrum licences.

Note   For subparagraph 1.3 (a) (ii), see Part 5.

1.4 Definitions

 (1) In this Determination, unless the contrary intention appears:
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.
active: see subclause 5 (2) in Schedule 1.
activity target: see subclause 5 (1) in Schedule 1.
affiliated: see section 2.3.
allocation limits: see section 2.1.
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 4.5 (1).
application deadline: see paragraph 4.4 (1) (f).
application form means the document approved by the ACMA under paragraph 4.5 (1) (h).
ARBN has the meaning given by section 9 of the Corporations Act 2001.
associate: see section 2.2.
auction means an auction of spectrum lots held in accordance with this Determination.
auction manager means the person appointed under section 4.1.
auction period means the period from the eligibility deadline to the close of an auction under clause 19 in Schedule 1.
auction system means the system provided by the ACMA for bidders to participate in an auction.
balance of the pre‑determined price means the amount worked out in accordance with subsection 5.3 (2).
balance of the winning price means the amount worked out in accordance with section 7.6.
bidder means a person registered by the