Document ID: chunk:federal_register_of_legislation:F2023L00854:clause:7_10:p2
Version: federal_register_of_legislation:F2023L00854
Segment Type: clause
Provision Reference: sch 7 cl 10 (pt 2/5)
Character Range: 15957–18540

1 of the table in Schedule 3; and
 (c) is adjacent to the product (adjacent product) specified in column 4 of the table in Schedule 3.
Note 1: The leftover lots are not lots of a product.
Note 2: The adjacent product for a leftover lot shares a frequency boundary with, and has the same region as, the leftover lot.
 (9) In this instrument, each of the leftover lots is also a lot.
 (10) The lot bandwidth for a lot is:
 (a) for a lot other than a leftover lot – 5 MHz: or
 (b) for a leftover lot – 2.5 MHz.
 (11) The ACMA will set a lot rating for the lots of each product under the allocation determination.
 (12) There is no lot rating for a leftover lot.
 (13) The allocation process will be held in accordance with the procedures set out in the allocation determination. Subject to this instrument and the allocation determination, all lots of each product, and all leftover lots, will be available for allocation in accordance with the allocation determination.
The leftover lots
 (14) The person named in column 5 of the table in Schedule 3 for a leftover lot is the adjacent licensee for that lot.
 (15) In accordance with the allocation determination, if:
 (a) the adjacent licensee for a leftover lot (the relevant leftover lot); or
 (b) a related body corporate of the adjacent licensee for a leftover lot;
  is an applicant, that applicant may, in the eligibility nomination form, apply for direct allocation of the relevant leftover lot, at the set price for that lot.
 (16) Subject to the allocation determination, immediately after the eligibility deadline or the extended eligibility deadline (if any), each person who applies for a leftover lot in accordance with subsection (15) will be directly allocated that leftover lot.
Note: See Division 1 of Part 5 of the allocation determination.
 (17) If a person is directly allocated a leftover lot in accordance with subsection (16), the set price for the leftover lot will form part or all of the winning price to be paid by the person.
 (18) If:
 (a) a leftover lot is not allocated in accordance with subsection (16); and
 (b) in the primary stage or secondary stage (if any) of the 3.4 GHz auction, one or more bidders is allocated a lot of the adjacent product for the leftover lot;
  then:
 (c) subject to the allocation determination, the frequency range options provided to each bidder participating in the assignment round for the adjacent product will include an option that covers the frequencies of the leftover lot; and
 (d) the leftover lot may be allocated to one of those bidders.
Note 1: See Division 3