Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:2:p3
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 2 (pt 3/4)
Character Range: 211617–214211

(i) the sum (when expressed in MHz) of:
                   (A) the size of all of the affected lots; and
                   (B) the size of the lots of the regional products allocated to the bidder in the primary stage; and
                   (C) if the bidder is a set-aside participant – the size of 1 set-aside lot of the 900 upper regional product;
  would exceed the bidder's allocation limits (when expressed in MHz) applicable to the regional products; and
 (ii) the sum (when expressed in MHz) of:
                   (A) the size of 2 of the affected lots; and
                   (B) the size of the lots of the regional products allocated to the bidder in the primary stage; and
                   (C) if the bidder is a set-aside participant – the size of 1 set-aside lot of the 900 upper regional product;
  would not exceed the bidder's allocation limits (when expressed in MHz) applicable to the regional products;
  then, before the first round of the secondary stage:
 (c) the auction manager must, in writing, notify each affected bidder that each of the affected lots is available for bidding in the secondary stage; and
 (d) the auction manager must nominate a time and date, which is before the first round of the secondary stage, before which an affected bidder may make a nomination under subclause (5) (the nomination deadline).
 (5) Before the nomination deadline, an affected bidder mentioned in subclause (1), (2), (3) or (4) may nominate in writing, as follows:
 (a) if subclause (1) applies to the affected bidder – to bid on the lot for one major population product specified by the bidder, and not to bid on a lot for any other major population product;
 (b) if subclause (2) applies to the affected bidder – to bid on the lot for each of two major population products specified by the bidder, and not to bid on the lot for the other major population product;
 (c) if subclause (3) applies to the affected bidder – to bid on the lot for one regional product specified by the bidder, and not to bid on a lot for any other regional product;
 (d) if subclause (4) applies to the affected bidder – to bid on the lot for each of two regional products specified by the bidder, and not to bid on the lot for the other regional product.
Note: A bidder may be an affected bidder under two of subclauses (1), (2), (3) or (4). However, a bidder will not be an affected bidder under both subclauses (1) and (2), or under both subclauses (3) and (4).
 (6) If an affected bidder nominates in accordance with subclause (5) to bid on the lot of a specified product or products, the