Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:72:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 72 (pt 1/2)
Character Range: 134761–137440

72  Consequence of affiliation
 (1) If the ACMA notifies 2 or more persons under section 71 (affiliated persons), the ACMA must not allocate spectrum licences to the affiliated persons that would exceed the allocation limits.
 (2) If the allocation of spectrum licences to the affiliated persons for either, or both:
 (a) the sum of:
 (i) all the lots of each major population product (when expressed in MHz) those persons were allocated in the primary stage or secondary stage; and
 (ii) for each affiliated person that is a set-aside participant – 1 set-aside lot of the 900 upper major population product (when expressed in MHz); or
 (b) the sum of:
 (i) all the lots of each regional product (when expressed in MHz) those persons were allocated in the primary stage or secondary stage; and
 (ii) for each affiliated person that is a set-aside participant – 1 set-aside lot of the 900 upper regional product (when expressed in MHz);
  would exceed the allocation limits, the affiliated persons may give a direction in writing to the ACMA specifying how lots are to be allocated between those persons up to the allocation limits.
 (3) 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.
 (4) If an affiliated person is a set-aside participant, the direction must not affect the allocation of any set-aside lots to the participant.
 (5) If the ACMA receives a direction that complies with subsections (2) to (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 (2) to (4), the ACMA may, for any part of the spectrum where the lots of one or more products allocated to the affiliated persons exceed the allocation limits, at its discretion allocate lots of one or more of those products to each person up to those allocation limits, subject to subsection (7).
 (7) If an affiliated person is a set-aside participant, the ACMA's decision under subsection (6) must not affect the allocation of any set-aside lots to the participant.
 (8) Spectrum in excess of the allocation limits that is not allocated under subsection (5) or (6) is taken to be unallocated.
 (9) A winning bidder must pay the full balance of the winning price:
 (a) calculated in relation to all lots for which the winning bidder was the primary winner or secondary winner, despite not being allocated all those lots as a result of this section; and
 (b) if the winning bidder is a set-aside participant – calculated in relation to each set-aside lot allocated to the participant; and