Document ID: chunk:federal_register_of_legislation:F2023L00865:reg:72:p1
Version: federal_register_of_legislation:F2023L00865
Segment Type: reg
Provision Reference: reg 72 (pt 1/2)
Character Range: 109421–112040

72  Consequence of affiliation before assignment stage
 (1) This section applies in relation to an auction (the affected auction) if:
 (a) the ACMA notified 2 or more persons under section 71 (affiliated persons); and
 (b) either:
 (i) 2 or more of those affiliated persons are primary winners or secondary winners in the affected auction; or
 (ii) for the 3.4 GHz auction—of the affiliated persons, at least one is a primary winner or secondary winner in the 3.7 GHz auction and at least one is a primary winner or secondary winner in the 3.4 GHz auction; and
 (c) the affiliation time (see paragraph 71(b)) was:
 (i) for the 3.7 GHz auction—after the start of the allocation period but before the end of the primary stage (if there is no secondary stage) or the secondary stage of the auction; or
 (ii) for the 3.4 GHz auction—after the start of the pre‑bidding round of the primary stage and before the end of the primary stage (if there is no secondary stage) or the secondary stage of the auction; and
 (d) the allocation of spectrum licences to the affiliated persons who are primary winners or secondary winners in the affected auction for lots of each metropolitan product and regional product allocated to those persons in the primary stage or secondary stage of the auction would result in a person exceeding the allocation limit for the area of any product.
 (2) The ACMA must not allocate spectrum licences to the affiliated persons who are primary winners or secondary winners in the affected auction if doing so would result in a person exceeding the allocation limit for the area of any product.
 (3) If it is possible for one or more lots of a product to be allocated to one or more affiliated persons who are primary winners or secondary winners in the affected auction without a person exceeding an allocation limit, then the affiliated persons who are primary winners or secondary winners in the auction may give a direction in writing to the ACMA specifying how lots are to be allocated between those persons up to the allocation limits.
 (4) The direction must be given:
 (a) jointly by the affiliated persons; and
 (b) to the ACMA within 5 working days after those persons received notification under section 71.
 (5) If the ACMA receives a direction that complies with subsections (3) and (4), lots are allocated to the affiliated persons in accordance with the direction.
 (6) If the ACMA does not receive a direction that complies with subsections (3) and (4), the ACMA may, for any part of the spectrum where the lots of one or more products allocated to the affiliated persons who are primary