60Procedures for allocating spectrum licences

#### 60 Procedures for allocating spectrum licences (1) The ACMA must determine, in writing, the procedures to be applied in allocating spectrum licences under this Subdivision: (a) by auction; or (b) by tender; or (c) by allocation for a pre‑determined price or a negotiated price; or (d) by direct allocation; or (e) by a combination of any or all of the following: (i) auction; (ii) tender; (iii) allocation for a pre‑determined price or a negotiated price; (iv) direct allocation. (2) The procedures, so far as they deal with allocation by auction may, for example, deal with any of the following matters: (a) the types of auction; (b) advertising of auctions; (c) entry fees for prospective bidders; (ca) eligibility requirements (if any) for participation in auctions; (cb) credits (if any) for prospective bidders; (d) reserve prices (if any); (e) deposits (if any) payable by successful bidders; (f) methods of payment for licences. (3) The procedures, so far as they deal with allocation by tender may, for example, deal with any of the following matters: (a) the types of tender; (b) advertising of tenders; (c) entry fees for prospective tenderers; (ca) eligibility requirements (if any) for submission of a tender; (cb) credits (if any) for prospective tenderers; (d) reserve prices (if any); (e) the method for resolving which of 2 or more equal tenders is to be successful; (f) deposits (if any) payable by successful tenderers; (g) methods of payment for licences. (4) The procedures, so far as they deal with allocation for a pre‑determined or negotiated price may, for example, deal with any of the following matters: (a) the way in which prices are to be determined or negotiated; (b) advertising of proposed allocations; (ba) eligibility requirements (if any) for prospective licensees; (bb) credits (if any) for prospective licensees; (c) methods of payment for licences. (5) Procedures determined under subsection (1) may: (a) impose limits on the aggregate of the parts of the spectrum that: (i) under transmitter licences; and (ii) under existing spectrum licences; and (iii) as a result of the allocation of spectrum licences under this Subdivision; may be used by: (iv) any one person; or (v) a specified person; or (b) impose limits on the aggregate of the parts of the spectrum that: (i) under transmitter licences; and (ii) under existing spectrum licences; and (iii) as a result of the allocation of spectrum licences under this Subdivision; may, in total, be used by the members of a specified group of persons. > Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way. (6) A limit imposed as mentioned in subsection (5) may be expressed to apply in relation to any or all of the following: (a) a specified part of the spectrum; (b) a specified area; (c) a specified population reach. For example, procedures might specify an aggregate limit of 15 MHz per person in the band between 1200 MHz and 1300 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (5). (6A) Procedures that impose limits as mentioned in subsection (5) may impose limits of nil in relation to specified persons or to the members of specified groups of persons. (7) Procedures determined under subsection (1) may require the ACMA to give specified information to the ACCC. (7A) Procedures determined under subsection (1), so far as they relate to direct allocation of spectrum licences, may provide for the ACMA to have regard to a frequency assignment certificate issued by a person who holds an accreditation of a kind specified in the legislative rules, stating that the operation of a device under such a licence: (a) on a specified frequency or frequencies, or on a specified frequency channel; and (b) at a specified constancy; and (c) at a specified location; and (d) subject to specified technical conditions; will satisfy any conditions that are required to be satisfied, in relation to the issue of such a certificate, under a determination made under section 266A. (8) Subsections (5), (6), (6A), (7) and (7A) do not, by implication, limit subsection (1). (10) The Minister may give written directions to the ACMA in relation to the exercise of the power to determine procedures imposing a limit as mentioned in subsection (5). (11) A direction under subsection (10) must be published in the Gazette. (12) The ACMA must exercise its powers under subsection (1) in a manner consistent with any directions given by the Minister under subsection (10). (13) Subsection (10) does not, by implication, limit the Minister’s power to give directions otherwise than under that subsection. (13A) Before determining procedures under subsection (1), the ACMA must consult the ACCC about whether the procedures should impose limits as mentioned in subsection (5) and, if so, the nature of those limits. (14) Before determining procedures under subsection (1), the ACMA must consult the ACCC about whether the procedures should include a requirement mentioned in subsection (7) and, if so, the nature of the requirement. (14A) Procedures determined under subsection (1) may confer a power to make a decision of an administrative character on a person or the ACMA. (15) This section has effect subject to section 577J of the Telecommunications Act 1997. (16) A determination under subsection (1) is a legislative instrument.