Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p34
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 34/36)
Character Range: 88434–91144

affiliation with existing relevant band licensee
 (1) If the ACMA notifies a winning bidder under section 61 that it is satisfied the winning bidder is affiliated with an existing relevant band licensee, the ACMA must not issue spectrum licences to the winning bidder that would exceed the winning bidder's allocation limits:
         (a) applicable to a product, other than the Perth lower band product and the Perth upper band product; or
         (b) applicable to the Perth combined products.
 (2) If the issue of a spectrum licence to the winning bidder for all the lots of a product the winning bidder was allocated at auction would exceed the winning bidder'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:
(a)      if the winning bidder did not receive a notice under section 59 – the winning bidder may give a direction in writing to the ACMA specifying how spectrum is to be removed from the winning bidder's allocation of lots of the relevant product;
(b)      if two or more winning bidders received a notice under section 59, and each is affiliated with the existing relevant band licensee – the winning bidders may give a direction in writing to the ACMA specifying how spectrum is to be allocated between the winning bidders up to the allocation limits:
            (i) applicable to the product, other than the Perth lower band product and the Perth upper band product; or
            (ii) applicable to the Perth combined products.
 (3) A direction under paragraph (2)(b) must be given jointly by the winning bidders.
 (4) A direction under paragraph (2)(a) or 2(b) must be given to the ACMA within 5 working days after the winning bidder or winning bidders received notification under section 61.
 (5) If the ACMA does not receive a direction within those 5 working days:
(a)      if the direction would have been given under paragraph (2)(a) – the ACMA may, for any part of the spectrum where the lots of a product allocated to the winning bidder exceeds the winning bidder'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, choose at its discretion how to allocate spectrum to the winning bidder up to the winning bidder'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;
(b)      if the direction would have been given under paragraph (2)(b) – the ACMA may, for any part of the spectrum where the lots of a product allocated to the winning