Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p23
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 23/36)
Character Range: 61076–63882

the sum of the lot ratings for the number of lots of each product, up to the applicant's allocation limits (when expressed in eligibility points):
         (a) applicable to the product, other than the Perth lower band product and the Perth upper band product; or
         (b) applicable to the Perth combined products;
         to be auctioned.
           Note 1: A person's ability to use eligibility points in the auction is restricted by the allocation limits in sections 11 and 12.

           Note 2: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product.  For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products. See subsection 11(2).
 (2) The minimum spectrum requirements for the lots of each product to be auctioned that an applicant may select in its completed eligibility nomination form must be from the options set by the ACMA under paragraph 28(1)(c). If a selection is not made for a product, the applicant is taken to have no minimum spectrum requirement for the lots of that product.

          Note: An applicant may select a minimum spectrum requirement for any product, even if the applicant has not specified a start demand for the lots of a product for the first clock round of the primary stage in its eligibility nomination form.
 (3) If:
         (a)      an applicant's start demand for lots of one or more products is reduced in accordance with subsection 36(2); and
         (b)      the applicant specified, in its completed eligibility nomination form, initial eligibility points that are greater than the sum of the lot ratings for the number of lots of each product for which the applicant has a start demand, after the process in subsection 36(2) is completed;
            then:
         (c)      the applicant's initial eligibility points are reduced to the sum of the lot ratings for the number of lots of each product for which the applicant has a start demand, after the process in subsection 36(2) is completed; and
         (d)      this reduction does not affect the amount calculated in accordance with subsection 38(2).

38 Eligibility payment or deed of financial security required for initial eligibility points
 (1) An applicant must, before the eligibility deadline, secure initial eligibility points by:
(a)      making an eligibility payment of an amount to the ACMA on behalf of the Commonwealth; or
(b)      giving the ACMA on behalf of the Commonwealth a deed of financial security, which