Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:48:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 48 (pt 1/2)
Character Range: 101293–104049

48  Making an application – new applicants to the auction
 (1) A person (new applicant) who:
 (a) is not already an applicant; or
 (b) was an applicant but withdrew, or was taken to have withdrawn, its application;
  may apply to become registered as a bidder in the auction by:
 (c) giving the ACMA a completed application form; and
 (d) giving the ACMA a deed of acknowledgement executed by the applicant; and
 (e) giving the ACMA a deed of confidentiality executed by the applicant; and
 (f) paying the application fee;
  before the new application deadline.
Note: For information on how an application fee must be paid, see section 10.
 (2) If one or more new applicants that are set-aside applicants give the ACMA a completed application form that, in each case, states that the set-aside applicant elects to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product:
 (a) subsection 62(1), if it did not already apply, applies in relation to the auction; and
 (b) each of those applicants is a set-aside participant.
 (3) As soon as practicable after the new application deadline, the ACMA must:
 (a) give each new applicant a copy of the updated eligibility nomination form;
 (b) if there is only one set-aside participant – tell each new applicant the identity of that set-aside participant.
 (4) After the new application deadline, and no later than the extended eligibility deadline, a new applicant must:
 (a) give the ACMA a completed updated eligibility nomination form, which:
 (i) specifies the number of lots of each product desired by the new applicant as valid provisional start demands of the new applicant before the pre-bidding phase of the primary stage, at the starting price for the lots of the product; and
 (ii) specifies the maximum eligibility points of the new applicant, based on those specified provisional start demands; and
 (iii) in relation to the lots of each product, other than:
                   (A) a 900 lower product; or
                   (B) for a set-aside participant – a 900 upper product;
  states that the applicant either:
                   (C) does not select a provisional minimum spectrum requirement; or
                   (D) selects 2 lots as the provisional minimum spectrum requirement;
  for the lots of the product; and
 (b) in accordance with section 42, do one of the following:
 (i) make an eligibility payment to the ACMA; or
 (ii) give the ACMA a deed of financial security; or
 (iii) make an eligibility payment and give a deed of financial security to the ACMA.
Note 1: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount less than the required amount, as defined in subsection 42(2),