Document ID: chunk:federal_register_of_legislation:F2018L01064:reg:11:p1
Version: federal_register_of_legislation:F2018L01064
Segment Type: reg
Provision Reference: reg 11 (pt 1/2)
Character Range: 13257–15817

11  The auction
 (1) There are three categories for the 3.6 GHz band. The categories are characterised by:
 (a) the frequencies set out in columns 3 and 4 of Schedule 1; and
 (b) the bandwidth described in column 5 of Schedule 1.
 (2) The ACMA has divided up the 3.6 GHz band into products described in Schedule 2. Each product is characterised by:
 (a) the region for the product, specified in an item of column 3 of Schedule 2; and
 (b) the category to which the product belongs, set out in an item of column 2 of Schedule 2.
 (3) The number of units of each product that will be available at the auction is set out in column 4 of Schedule 2. A unit of a product is referred to in this instrument as a lot.
 (4) The size of each lot is 5 MHz unpaired.
  (5) The ACMA will set a lot rating for each lot under paragraph 28(1)(b) of the allocation determination. All lots in the same region within the same category will have the same lot rating.
 (6) The lot rating will be used as the basis for calculating the amount of an applicant's eligibility payment or deed of financial security. Details of this are in section 38 of the allocation determination.
 (7) The auction will be held in accordance with the procedures set out in the allocation determination.  All lots of each product will be available for allocation in accordance with the allocation determination.
 (8) The auction will be carried out in three stages:
 (a) the primary stage, at which all lots are offered and which determines the number and type of lots allocated to, and the primary price to be paid by, each winning bidder in accordance with the allocation determination;
 (b) the secondary stage, at which residual lots are offered and which determines the number and type of those lots allocated to, and the secondary price to be paid by, each winning bidder in accordance with the allocation determination; and
 (c) the assignment stage, which determines the frequencies that will apply to each lot of each product allocated to each winning bidder and the assignment price to be paid in accordance with the allocation determination.
Note: The allocation determination sets out the detailed rules and procedures for each stage of the auction. There will only be a secondary stage if there is at least one product for which there is exactly one lot remaining unallocated after the end of the primary stage.
 (9) Subject to the requirements of the Act, any other relevant laws and the allocation determination, the ACMA will issue a spectrum licence to each person allocated a lot in the