Document ID: chunk:federal_register_of_legislation:F2023L00865:front:0:p1
Version: federal_register_of_legislation:F2023L00865
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Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023
The Australian Communications and Media Authority makes the following determination under sections 60 and 294 of the Radiocommunications Act 1992.

Dated 22 June 2023

James Cameron
[signed]
Member

Linda Caruso
[signed]
Member/General Manager

Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Interpretation
5 References to other instruments
6 Giving documents to the ACMA
7 Statutory declaration for body corporate
8 Signing or executing documents other than deeds and statutory declarations
9 Payments of amounts
10 Giving documents to bidders
Part 2—Allocation of spectrum licences
Division 1—How spectrum licences will be allocated
11 The allocation process
Division 2—General allocation limits
12 Allocation limits
13 Applying allocation limits during bidding—assume all bids successful
14 Disregarding existing authorisations with less than 30% population reach
15 Unused allocation limit
16 Meaning of associate and relevant group of persons
17 Affiliation between applicants or bidders
18 Information relevant to considering whether applicants or bidders are affiliated
Part 3—Arrangements to be made by the ACMA
Division 1—Key settings and deadlines
19 The ACMA must appoint auction manager
20 The ACMA must set application fee
21 The ACMA must set application deadline and eligibility deadline
22 The ACMA must set lot ratings, eligibility point value and certain prices
23 The ACMA must approve forms
24 The ACMA must provide initial auction information to applicants
25 The ACMA may vary prices and lot ratings
Division 2—Advertising the allocation process
26 Notice advertising allocation process
27 Applicant information package
Part 4—Applying to participate
Division 1—Confidentiality
28 Meaning of confidential information
29 Obligation not to disclose confidential information
30 Duration of confidentiality obligation
31 Reporting breach of confidentiality
32 Notice of breach of confidentiality
33 Deeds of confidentiality—related persons and contractors
Division 2—Applying to be registered
34 Applying to be registered as a bidder
35 Application fee not refundable except in certain circumstances
36 Applicants to notify the ACMA if application information incorrect
37 Applicant to make statutory declaration about affiliation
38 Failure to give statutory declaration about affiliation
Division 3—Eligibility points and leftover lots
39 Applying for eligibility points and to be allocated leftover lots
40 Who is eligible to apply for a leftover lot
41 Requirement to secure eligibility points
42 Number of eligibility points secured
43 Consequence of failing to secure eligibility points
Division 4—Dealing with affiliations
44 Procedure if ACMA satisfied applicants are affiliated
45 Dealing with affiliation—new applicant
46 Initial auction information provided to new applicants
Division 5—Dealing with changes to prices or lot ratings
47 Notice about updating application documents
48 Updating eligibility nomination form and financial security
49 Notice inviting additional applicants to the auction
50 Applying to be registered—additional applicants
51 Initial