Document ID: chunk:federal_register_of_legislation:F2016L01929:reg:10:p2
Version: federal_register_of_legislation:F2016L01929
Segment Type: reg
Provision Reference: reg 10 (pt 2/3)
Character Range: 14501–17216

this section;
 (b) it states the licence period which the spectrum licence is sought, which must be consistent with subsection 10(11);
 (c) it states that the person is willing to pay, for the issue of the spectrum licence, at least the reserve price determined in accordance with subsection 10(12); and
 (d) it otherwise complies with any requirements specified by the ACMA in the offer published in accordance with subsection 10(6).
 (8) If the ACMA receives a valid expression of interest for a spectrum licence in response to the standing offer, then the ACMA must, as soon as is practicable after receiving the first valid expression of interest, conduct a tender for the allocation of the licence which is open for a period of 30 days.
 (9) A tender conducted in accordance with subsection 10(8) must offer the relevant spectrum licence that, when issued, would have the longest licence period included in any valid expression of interest received by the ACMA for that spectrum licence. The spectrum licence is to be allocated to the person who submits a valid tender for the highest present value for the relevant spectrum licence, subject to any method determined by the ACMA for allocating that licence where two equal tenders are received.
 (10) If the ACMA does not receive a valid expression of interest for a spectrum licence in response to the offer, then the ACMA may allocate the licence for a licence period that is consistent with subsection 10(11) and a pre-determined price that is calculated as specified in subsection 10(12).

Duration of licence
 (11) A spectrum licence allocated in accordance with this section must be issued to:
 (a) come into force no later than the date which is 18 months after:
 (i) if allocated by way of tender—the first valid expression of interest for the licence is received by the ACMA; or
 (ii) if allocated for a pre-determined price—the request for the allocation of the licence is received by the ACMA; and
 (b) expire no later than 31 December 2029.

Pre-determined price or reserve price
 (12) The reserve price or pre-determined price (depending on the method of allocation) for a spectrum licence allocated in accordance with this section must be:
 (a) if the licence is to be issued to commence on 1 April 2018—$1.25/MHz/pop (rounded to the nearest $1,000); or
 (b) if the licence is to be issued to commence on a later date—$1.25/MHz/pop  reduced to reflect the shorter period (and rounded to the nearest $1,000) as determined by the ACMA.

Payment of spectrum access charges by instalments – amounts secured by guarantee
 (13)  If the ACMA requires a person paying spectrum access charges by instalments for a spectrum licence allocated in accordance