Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p9
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 20435–23225

of confidentiality form must be provided by the ACMA as part of the applicant information package on the ACMA's website at http://www.acma.gov.au — see sections 4.4 and 4.5.

               Part 4 Procedures before auction or allocation for a pre-determined price

Overview of Part 4

This Part requires persons wishing to obtain a spectrum licence in the allocation process to apply for registration as a bidder in the auction before the application deadline advertised by the ACMA and to pay the application fee.

Applying for registration as a bidder in the auction is also required for a person to be allocated a spectrum licence or licences at a pre-determined price without an auction.

Applicants will then be required to provide a statutory declaration about their affiliation with any other applicant.
This Part then requires applicants to lodge an eligibility nomination form, which will establish the number of eligibility points the applicant will have for the first round of the auction, and either make an eligibility payment or give a deed of financial security to the ACMA on behalf of the Commonwealth, or a combination of both. The value of the eligibility payment or financial security amount is based on the number of eligibility points nominated.

Division 1 Preliminary

4.1 Auction manager

  The ACMA must, in writing, appoint a person to manage the auction.

4.2 Setting application fee

  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.

4.3 Application fee not refundable

  An application fee paid under this Determination is not refundable in any circumstances, including if an applicant withdraws from the auction before the eligibility deadline or is excluded from the auction.

Division 2 Advertising auction

4.4 Advertising of auction by ACMA

 (1) The ACMA must publish on its website a notice that:
 (a) describes the parts of the spectrum to be auctioned; and
 (b) gives a brief description of the way the auction will be conducted; and
 (c) states that the auction will be conducted in accordance with this Determination; and
 (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and
 (e) invites persons to apply to the ACMA to take part in the auction; and
 (f) states the date and time (the application deadline) before which:
 (i) applications must be received by the ACMA; and
 (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and
 (g) states the date and time (the eligibility deadline) before which:
 (i) completed eligibility nomination forms must be received by the ACMA; and
 (ii) eligibility payments must