Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p35
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 35/36)
Character Range: 90916–93648

band product) or applicable to the Perth combined products;
(b)      if the direction would have been given under paragraph (2)(b) – the ACMA may, for any part of the spectrum where the lots of a product allocated to the winning 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 winning 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.
 (6) If paragraph (2)(b) applies in relation to two or more winning bidders, a frequency range can be assigned to one of those winning bidders 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 winning bidders.
 (7) Spectrum in excess of the winning bidder's 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 (5) is taken to be unallocated.
 (8) 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 winning 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).
Division 2 Winning prices, payment and issue of spectrum licences
          Note: This Division is made under section 294 of the Act and is disallowable under section 42 of the Legislation Act 2003.

63 Winning price and balance of winning price
 (1) For a winning bidder, the winning price is the total of:
         (a)      the primary price; and
         (b)      the secondary price (if any); and
         (c)      the total assignment price (if any);

  for the lots allocated (and frequency ranges assigned to the lots) to the bidder in the auction.

          Note: The winning price is the total spectrum access charge fixed under section 294 of the Act payable by