26 GHz band means the part of the spectrum from 25.1 GHz to 27.5 GHz.
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACMA staff has the meaning given by section 3 of the Australian Communications and Media Authority Act 2005.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Radiocommunications Act 1992.
affiliated: see section 14.
allocated, for a lot of a product, means allocated as a result of the primary stage or the secondary stage.
allocation limits: see sections 11 and 12.
applicant means a person who has applied for registration as a bidder.
applicant information package means a package containing the information, forms and other documents set out in subsection 26(1).
application deadline: see paragraph 25(1)(e).
application fee means the amount set under section 23.
application form means the form approved by the ACMA under paragraph 26(1)(f).
ARBN has the meaning given by section 9 of the Corporations Act 2001.
assignment bid: see subclauses 5(1), 5(5) and 5(6) of Schedule 3.
assignment price: see clause 2 of Schedule 3.
assignment round: see clause 2 of Schedule 3.
assignment stage means the assignment rounds of the auction:
commencing with the first assignment round; and
ending immediately after the auction manager provides the results for every assignment round in accordance with clauses 9 and 10 of Schedule 3.
associate: see subsections 13(1) and 13(2).
auction means an auction of lots held in accordance with this instrument.
auction manager means the person appointed under section 22.
auction period means the period:
commencing on the later of the eligibility deadline or extended eligibility deadline (if there is one); and
ending immediately after the auction manager provides the results for the auction in accordance with section 66.
auction system means the system the ACMA makes available to bidders to participate in the auction.
balance of the winning price: see subsection 65(2).
bank guarantee has the meaning given by subsection 6(5) of the spectrum access charges direction.
bid:
in a clock round for the primary stage: see subclause 2(1) of Schedule 1;
in a round for the secondary stage: see subclause 2(1) of Schedule 2;
Section 26 - Radiocommunications (Spectrum Licence Allocation — 26 GHz Band) Determination 2020 - GHz band means the part of the spectrum from 25.1 GHz to 27.5 GHz. | Zoe
in an assignment round for the assignment stage, means an assignment bid.
bidder means a person registered by the ACMA as a bidder under section 45.
clock round: for the primary stage, see subclause 2(1) of Schedule 1.
confidential information: see section 16.
deed of acknowledgement means a deed in the form approved under paragraph 26(1)(g) that has been completed and executed by an applicant in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.
Note: Strict compliance with the form is required.
deed of confidentiality means a deed in the form approved under paragraph 26(1)(h) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.
Note: Strict compliance with the form is required.
deed of financial security means a deed in the form approved under paragraph 26(1)(m) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.
eligibility deadline: see paragraph 25(1)(f).
eligibility nomination form means the form approved by the ACMA under paragraph 26(1)(l) or subsection 37(3), whichever is the case.
eligibility payment means a payment made by an applicant under section 36, and includes an additional eligibility payment made by an applicant under subsection 39(3) for the purposes of section 36.
eligibility points: see subclause 2(1) of Schedule 1.
Note: Eligibility points are required to bid in the primary stage, but are not required to bid in the secondary stage.
entry, in the pre-bidding phase, means an entry in the auction system made by a bidder under paragraph 3(2)(a) or 3(2)(b) of Schedule 1.
extended eligibility deadline: see paragraph 37(2)(b).
final clock round: see clause 16 of Schedule 1.
final round of the secondary stage: see subclause 14(2) of Schedule 2.
lot: see subsection 5(1).
lot rating means the value of a lot of a product in eligibility points set by the ACMA under paragraph 27(1)(b) or 37(1)(b), whichever is the case.
marketing plan means the Radiocommunications Spectrum Marketing Plan (26 GHz Band) 2020.
maximum eligibility points, for a bidder, means the maximum number of eligibility points secured by the bidder under section 36.
minimum spectrum requirement, for a bidder in relation to lots of a product, means the number of lots of the product entered by, or taken to be entered by, the bidder as its minimum requirement in the pre-bidding phase of the primary stage in accordance with paragraph 3(2)(b) or 3(3)(b) of Schedule 1.
new application deadline: see paragraph 37(2)(a).
posted demand: see subclause 2(1) of Schedule 1.
pre-bidding phase: see paragraph 50(1)(b).
primary price: see subclause 17(3) of Schedule 1.
primary stage means the pre-bidding phase and clock rounds of the auction:
commencing with the start of the pre-bidding phase; and
ending immediately after the auction manager provides the results for the final clock round in accordance with clauses 18 and 19 of Schedule 1.
primary winner: see subclause 17(1) of Schedule 1.
product: see subsection 5(1).
provisional minimum spectrum requirement, for an applicant in relation to lots of a product, means the number of lots of the product selected by the applicant as its minimum requirement in a completed eligibility nomination form in accordance with subparagraph 28(2)(a)(iii) or paragraph 34(6)(a) or 39(1)(c) or subparagraph 41(2)(a)(iii).
provisional start demand, for an applicant in relation to lots of a product, means the number of lots of the product specified by the applicant in a completed eligibility nomination form in accordance with subparagraph 28(2)(a)(i) or paragraph 34(6)(a) or 39(1)(a) or subparagraph 41(2)(a)(i).
pseudorandom means using computer-generated numbers that satisfy a statistical test for randomness, but are not generated by a truly random physical process.
re-allocation declaration means the Radiocommunications (Spectrum Re-allocation—26 GHz Band) Declaration 2019.
region has the same meaning as in the marketing plan.
register means the register of bidders maintained by the ACMA under section 44.
related body corporate has the same meaning as in the Corporations Act 2001.
related person, in relation to an applicant or bidder that is a body corporate, means any of the following:
(a) a director or secretary of the applicant or bidder;
(b) an employee of the applicant or bidder;
(c) an employee of a related body corporate that provides services to the applicant or bidder.
residual lot: see subclause 1(1) of Schedule 2.
round: for the secondary stage, see subclause 2(1) of Schedule 2.
secondary price: see subclause 17(3) of Schedule 2.
secondary stage means the rounds of the auction:
(a) commencing with the first round for a residual lot of a product; and
(b) ending immediately after the auction manager provides the results for the final round of the secondary stage in accordance with clauses 18 and 19 of Schedule 2.
secondary winner: see subclauses 14(4) and 15(2) of Schedule 2.
size: see subsection 5(2).
specified group of persons: see subsections 13(3) and 13(4).
spectrum access charges direction means the Radiocommunications (Spectrum Access Charges)—26 GHz Band) Direction 2020.
spectrum licence limits direction means the Radiocommunications (Spectrum Licence Limits—26 GHz Band) Direction 2020.
start demand: see subclause 2(1) of Schedule 1.
starting price, for a lot of a product, means the amount (in dollars) set by the ACMA for the lots of the product under paragraph 27(1)(a) or 37(1)(a), whichever is the case.
total assignment price: see subclause 8(8) of Schedule 3.
winning bidder means a primary winner or secondary winner who has frequency ranges assigned to lots of a product, allocated to the winner in the primary stage or secondary stage, at the end of the assignment stage.
winning price: see subsection 65(1).
working day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory, New South Wales or Victoria.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
ACCC
ACMA
frequency band
licence
radiocommunications device
spectrum
spectrum licence.
In this instrument, register has a different meaning to that given to Register by section 5 of the Act.
(2) In this instrument, a reference to a part of the spectrum, a frequency band or a frequency range includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.
Note: This means the lower number in the reference to a part of the spectrum, a frequency band or a frequency range is not included in the part of the spectrum, the frequency band or the frequency range.
(3) In this instrument, a reference to time is a reference to the legal time in the Australian Capital Territory.
5 Lots and products
combined products means any one of the following:
(a) Greater Perth combined products;
(b) Hobart combined products;
(c) Margaret River combined products.
designated area has the meaning given by subsection 4(1) of the spectrum licence limits direction.
Greater Perth combined products means the Greater Perth lower band product and Greater Perth upper band product.
Greater Perth lower band product means the part of the spectrum identified as a product in the marketing plan, characterised by the frequency range 25.1 GHz to 27.0 GHz with respect to the region in item 25 in Table 1 set out in Schedule 3 to the marketing plan.
Note: See also the table item dealing with 26 GHz Greater Perth Lower in Table 1 set out in Schedule 1 to the marketing plan and the table item dealing with GPER01 in Table 1 set out in Schedule 2 to the marketing plan.
Greater Perth upper band product means the part of the spectrum identified as a product in the marketing plan, characterised by the frequency range 27.0 GHz to 27.5 GHz with respect to the regions in item 26 in Table 1 set out in Schedule 3 to the marketing plan.
Note: See also the table item dealing with 26 GHz Greater Perth Upper in Table 1 set out in Schedule 1 to the marketing plan and the table item dealing with GPER02 in Table 1 set out in Schedule 2 to the marketing plan.
Hobart combined products means the Hobart lower band product and Hobart upper band product.
Hobart lower band product means the part of the spectrum identified as a product in the marketing plan, characterised by the frequency range 25.1 GHz to 27.0 GHz with respect to the region in item 27 in Table 1 set out in Schedule 3 to the marketing plan.
Note: See also the table item dealing with 26 GHz Hobart Lower in Table 1 set out in Schedule 1 to the marketing plan and the table item dealing with HOBA01 in Table 1 set out in Schedule 2 to the marketing plan.
Hobart upper band product means the part of the spectrum identified as a product in the marketing plan, characterised by the frequency range 27.0 GHz to 27.5 GHz with respect to the region in item 27 in Table 1 set out in Schedule 3 to the marketing plan.
Note: See also the table item dealing with 26 GHz Hobart Upper in Table 1 set out in Schedule 1 to the marketing plan and the table item dealing with HOBA02 in Table 1 set out in Schedule 2 to the marketing plan.
lot means a unit of a product that is available in the auction.
Note: In Schedule 2, for the meaning of lot, see subclause 2(1) of that Schedule.
lower band product means any one of the following:
(a) Greater Perth lower band product;
(b) Hobart lower band product;
(c) Margaret River lower band product.
Margaret River combined products means the Margaret River lower band product and Margaret River upper band product.
Margaret River lower band product means the part of the spectrum identified as a product in the marketing plan, characterised by the frequency range 25.1 GHz to 27.0 GHz with respect to the region in item 28 in Table 1 set out in Schedule 3 to the marketing plan.
Note: See also the table item dealing with 26 GHz Margaret River Lower in Table 1 set out in Schedule 1 to the marketing plan and the table item dealing with MARG01 in Table 1 set out in Schedule 2 to the marketing plan.
Margaret River upper band product means the part of the spectrum identified as a product in the marketing plan, characterised by the frequency range 27.0 GHz to 27.5 GHz with respect to the region in item 28 in Table 1 set out in Schedule 3 to the marketing plan.
Note: See also the table item dealing with 26 GHz Margaret River Upper in Table 1 set out in Schedule 1 to the marketing plan and the table item dealing with MARG02 in Table 1 set out in Schedule 2 to the marketing plan.
product means a part or parts of the 26 GHz band identified as a product in the marketing plan, characterised by a frequency range and a region.
Note: The marketing plan places each product into a category, with the category defining the frequency range. See Schedule 1 and Schedule 2 to the marketing plan.
related lower band product means:
(a) for the Greater Perth upper band product, the Greater Perth lower band product;
(b) for the Hobart upper band product, the Hobart lower band product;
(c) for the Margaret River upper band product, the Margaret River lower band product.
Note: The expression related lower band product is used for the purposes of the secondary stage in subparagraph 12(e)(iii) of Schedule 2 and for the purposes of the assignment stage in paragraph 4(4)(b) of Schedule 3.
related upper band product means:
(a) for the Greater Perth lower band product, the Greater Perth upper band product;
(b) for the Hobart lower band product, the Hobart upper band product;
(c) for the Margaret River lower band product, the Margaret River upper band product.
Note: The expression related upper band product is used for the purposes of the secondary stage in clause 1A and subparagraphs 12(e)(ii) and (iv) of Schedule 2.
relevant combined products means:
(a) for the Greater Perth lower band product and the Greater Perth upper band product, the Greater Perth combined products;
(b) for the Hobart lower band product and the Hobart upper band product, the Hobart combined products;
(c) for the Margaret River lower band product and the Margaret River upper band product, the Margaret River combined products.
Note: The expression relevant combined products is used for the purposes of the secondary stage in paragraph 1A(1)(b) of Schedule 2.
upper band product means any one of the following:
(a) Greater Perth upper band product;
(b) Hobart upper band product;
(c) Margaret River upper band product.
(2) The size of each lot of a product, when expressed in MHz, is the lot bandwidth set out for the product in the marketing plan, and the size or total size of lots of a product, when expressed in MHz, is the total bandwidth of those lots.
6 References to other legislative instruments, and to other instruments or writing
(1) In this instrument, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(2) In this instrument, unless the contrary intention appears, a reference to an instrument or other writing (other than a legislative instrument) is a reference to that instrument or writing as in force or existing from time to time.
Note: See section 314A of the Act.
7 Giving documents to the ACMA
(1) A document may be given to the ACMA under this instrument by:
delivering the document to the physical address specified in the applicant information package; or
emailing the document to the email address specified in the applicant information package in accordance with subsection (2).
Note: Subsections 28(6), 34(8), 39(5) and 41(6) have additional requirements for a deed of financial security given by email.
(2) If a document is emailed:
the document must be included as an attachment; and
the document must be:
if the document is a statutory declaration, statement under section 60, bank guarantee or deed – in a PDF format or another format approved by the auction manager; or
if the document is not a statutory declaration, statement under section 60, bank guarantee or deed – in a Word or PDF format or another format approved by the auction manager.
(3) A deed of financial security may be given to the ACMA under this instrument as one or more deeds of financial security.
8 Statutory declaration for body corporate
A statutory declaration required to be made in this instrument by a body corporate must be made by a director or secretary of the body corporate.
9 Payment of amounts
(1) An amount paid to the ACMA on behalf of the Commonwealth under this instrument must be paid in Australian currency.
(2) An amount must be paid by bank cheque or by electronic transfer.
(3) An electronic transfer of an amount must be made by any of the following:
direct transfer into the bank account with the following details:
Bank—ANZ Bank;
Branch—Belconnen;
BSB number—012-951;
Account number—8379 24272;
Account name—ACMA Official Administered Receipts;
BPay payment:
only if, under Schedule 4, a winning bidder has been notified by the ACMA of the bidder’s balance of the winning price; and
using the electronic payment scheme called BPAY operated in co-operation between Australian financial institutions, which enables a person to make a payment to the ACMA, on behalf of the Commonwealth, as a participant in BPAY, either via telephone or internet access;
credit card payment:
only if, under Schedule 4, a winning bidder has been notified by the ACMA of the bidder’s balance of the winning price; and
into the bank account with the details set out in paragraph (a).
(4) An amount is taken to have been paid by a deadline specified in this instrument if:
the ACMA receives a bank cheque for the full amount on or before the deadline; or
both:
the ACMA receives evidence that an electronic transfer of the full amount was made on or before the deadline (such as a transfer receipt); and
the amount is received in the ACMA’s bank account no later than 3 working days after the deadline; or
the ACMA receives other evidence which satisfies the ACMA that the person making the payment has taken all reasonable steps to pay the amount on or before the deadline.
(5) An amount due under this instrument is not paid in full if bank charges or government duties imposed on a payment reduce the net payment to less than the amount due.
Note: The effect of subsection (5) is that an applicant or bidder must add the value of any bank charge or government duty to the amount of a payment.
(6) If an amount payable under this instrument is not an amount of whole dollars, the amount is rounded up to the next dollar.
Note: This section relates to Division 2 of Part 6 to the extent that it applies to spectrum access charges payable under section 294 of the Act and, to that extent, is disallowable under section 42 of the Legislation Act 2003.