Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p21
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 50392–53169

period that 2 or more bidders may be affiliated, the auction is to continue and the bidders may continue to participate in the auction.

6.13 ACMA consideration of affiliation

 (1) If the ACMA has reason to believe that 2 or more bidders are affiliated during the auction period, the ACMA must notify the bidders in writing and tell them the basis on which the ACMA believes that the bidders are affiliated.

 (2) If a bidder gave the ACMA information under section 6.11 and the ACMA does not consider that the bidder is affiliated with another bidder, the ACMA must tell both bidders in writing that the ACMA does not consider them to be affiliated.

Part 7 Procedures after auction

Overview of Part 7

After the auction procedures in Part 6 and Schedule 1 are completed, this Part requires the ACMA to notify unsuccessful bidders and withdrawn applicants that their confidentiality obligations have ended, and provide refunds of eligibility payments, less any bid withdrawal penalties.

This Part also requires winning bidders to make a statement about any affiliation with another winning bidder. If 2 or more winning bidders are affiliated, the spectrum allocated to those bidders must be reduced to comply with the allocation limits.
An eligibility payment made by a winning bidder is deducted from the price to be paid for the spectrum lots (including any bid withdrawal penalties) won by the bidder in the auction. A spectrum licence is issued once the balance of the winning price has been paid.

Division 1 Confirmation of auction results

7.1 Notice and refunds to unsuccessful bidders

 (1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder that:
 (a) the bidder was unsuccessful in the auction; and
 (b) the bidder's confidentiality obligations under section 3.2 have ended.

 (2) If the unsuccessful bidder made an eligibility payment, the ACMA must refund the payment, less the amount of any bid withdrawal penalties imposed on the bidder under clause 18 in Schedule 1, no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the eligibility payment under section 8.6.

Note   Section 8.6 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this Determination have occurred.

7.2 Notice to withdrawn applicants

  As soon as practicable after the end of the auction period, the ACMA must notify each withdrawn applicant that the applicant's confidentiality obligations under section 3.2 have ended.

Note   Eligibility payments made by withdrawn applicants are refundable under section 4.17.

7.3 Winning bidder to make statement about affiliations

 (1) As soon as practicable after the