Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:2:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 2 (pt 1/4)
Character Range: 206649–209396

2  Bidders to choose between products
 (1) If:
 (a) there is a residual lot of each of 2 or each of 3 major population products (the affected lots); and
 (b) there is at least one bidder (the affected bidder) for which:
 (i) the sum (when expressed in MHz) of:
                   (A) the size of 2 of the affected lots (whether there are 2 or 3 affected lots); and
                   (B) the size of the lots of the major population products allocated to the bidder in the primary stage; and
                   (C) if the bidder is a set-aside participant – the size of 1 set-aside lot of the 900 upper major population product;
  would exceed the bidder's allocation limits (when expressed in MHz) applicable to the major population products; and
 (ii) the sum (when expressed in MHz) of:
                   (A) the size of one of the affected lots; and
                   (B) the size of the lots of the major population products allocated to the bidder in the primary stage; and
                   (C) if the bidder is a set-aside participant – the size of 1 set-aside lot of the 900 upper major population product;
  would not exceed the bidder's allocation limits (when expressed in MHz) applicable to the major population products;
  then, before the first round of the secondary stage:
 (c) the auction manager must, in writing, notify each affected bidder that each of the affected lots is available for bidding in the secondary stage; and
 (d) the auction manager must nominate a time and date, which is before the first round of the secondary stage, before which an affected bidder may make a nomination under subclause (5) (the nomination deadline).
 (2) If:
 (a) there is a residual lot of each of the 3 major population products (the affected lots); and
 (b) there is at least one bidder (the affected bidder) for which:
 (i) the sum (when expressed in MHz) of:
                   (A) the size of all of the affected lots; and
                   (B) the size of the lots of the major population products allocated to the bidder in the primary stage; and
                   (C) if the bidder is a set-aside participant – the size of 1 set-aside lot of the 900 upper major population product;
  would exceed the bidder's allocation limits (when expressed in MHz) applicable to the major population products; and
 (ii) the sum (when expressed in MHz) of:
                   (A) the size of 2 of the affected lots; and
                   (B) the size of the lots of the major population products allocated to the bidder in the primary stage; and
                   (C) if the bidder is a set-aside participant – the size of 1 set-aside lot of the 900 upper major population product;
  would not exceed the bidder's allocation limits (when