Document ID: chunk:federal_register_of_legislation:F2016L01929:reg:10:p1
Version: federal_register_of_legislation:F2016L01929
Segment Type: reg
Provision Reference: reg 10 (pt 1/3)
Character Range: 11999–14733

10  Direction—secondary allocation process
 (1) This direction is given to the ACMA under subsection 14(1) of the ACMA Act.

Direction
 (2) I direct the ACMA to take such action as it considers necessary or convenient to allocate and issue spectrum licences, authorising the operation of radiocommunications devices in any part of residual 700 MHz spectrum in the designated area for which a spectrum licence has not been allocated as at the commencement of sections 9 and 10 of this instrument, in a manner that is consistent with the requirements of this instrument.

Allocation instruments
 (3) In giving effect to this direction, the ACMA must, as it considers necessary or convenient, make or amend a marketing plan and determine allocation procedures that are consistent with the requirements of this instrument. Nothing in this instrument otherwise limits the ACMA's power to make or amend a marketing plan, or determine allocation procedures, where the exercise of the power is consistent with the relevant parts of the instrument.
Examples: The ACMA may assess the validity of an expression of interest against determined criteria, charge an application fee or require financial security be given prior to the allocation of a licence.

Lot configuration
 (4) Spectrum licences which may be allocated in accordance with this section must, to the extent not allocated as at the commencement of sections 9 and 10, be offered as the following two products:
 (a) first product—2x10 MHz lot;
 (b) second product—2x5 MHz lot.

Method of allocation
 (5) Spectrum licences allocated in accordance with this section must be allocated for a pre-determined price or by way of tender.
 (6) The ACMA must publish an offer seeking expressions of interest in the conduct of a tender for the allocation of spectrum licences in accordance with this section. That offer must be published not later than 30 days after the date this section commences and must remain open, in respect of a spectrum licence covered by the offer, until the first to occur of:
 (a) the date on which the first valid expression of interest is received by the ACMA in respect of that spectrum licence; and
 (b) 6 months.
 (7) An expression of interest from a person responding to an offer for the allocation of a spectrum licence referred to in subsection 10(6) will only be valid if:
 (a) it identifies the spectrum licence which the person wishes to be allocated, which is a spectrum licence which may be allocated in accordance with this section;
 (b) it states the licence period which the spectrum licence is sought, which must be consistent with subsection 10(11);
 (c) it states that the person is willing to pay, for the issue of the spectrum licence, at least