Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p33
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 33/36)
Character Range: 85980–88682

any part of the spectrum where the lots of a product allocated to the affiliated bidders exceed the 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 each bidder up to the 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.
 (5) A frequency range can be assigned to a bidder under this section from any of the frequency ranges assigned to the lots of a product (or group of products) allocated at auction to any of the affiliated bidders.
 (6) Spectrum in excess of the 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;
         that is not allocated under subsection (2) or (4) is taken to be unallocated.
 (7) A winning bidder must pay the full balance of the winning price for all lots allocated (and frequency ranges assigned to the lots) to the bidder in the auction, despite receiving a smaller allocation as a result of this section.

          Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product.  For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products. See subsection 11(2).

61 Notification that winning bidder is affiliated with existing relevant band licensee
 (1) If the ACMA is satisfied that a winning bidder is affiliated with an existing relevant band licensee, the ACMA must, in writing, notify the winning bidder and tell it the basis on which the ACMA is satisfied the winning bidder is affiliated with the existing relevant band licensee.
 (2) If the ACMA makes a decision under subsection (1) in relation to a winning bidder that was notified under section 59, the ACMA must not notify the winning bidder under subsection (1) until the procedures in section 60 have been completed in relation to the winning bidder.

62 Consequences of 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