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3 Entries in the auction system before first clock round

(1) Before the pre-bidding phase, the auction manager must enter in the auction system each bidder’s:

1.       provisional start demands for the lots of each product recorded in the register for the bidder under paragraph 44(2)(f); and

2.       provisional minimum spectrum requirements (if any) for the lots of each product recorded in the register for the bidder under paragraph 44(2)(h); and

3.       allocation limits for the lots of the following:

4.         each product, other than the lower band products and the upper band products, as recorded in the register for the bidder under subparagraph 44(2)(i)(i);

5.       each of the combined products, as recorded in the register for the bidder under subparagraph 44(2)(i)(ii).

(2) After the auction manager has made the entries in subclause (1) and during the pre-bidding phase, a bidder may, using the auction system:

1.      enter the bidder’s actual start demands, by changing or confirming the bidder’s provisional start demands, for the lots of each product for the first clock round; and

2.    enter the bidder’s actual minimum spectrum requirements (if any), by changing or confirming the bidder’s provisional minimum spectrum requirements (if any), for the lots of each product for the primary stage.

Note: A bidder may also be taken to make an entry in the circumstances specified in section 54.

(3) If a bidder does not make an entry in the auction system under paragraph (2)(a) or (2)(b):

1.      the bidder’s actual start demands are taken to be the bidder’s provisional start demands, as recorded in the register for the bidder under subparagraph 44(2)(f), for the lots of each product for the first clock round; and
2.      the bidder’s actual minimum spectrum requirements (if any) are taken to be the bidder’s provisional minimum spectrum requirements (if any), as recorded in the register for the bidder under subparagraph 44(2)(h), for the lots of each product.

  Start demand validity rules

(4) For the purposes of paragraph (2)(a), a start demand of a bidder for lots of a product is valid if both of the following apply in relation to the start demand:

1.    the total size of the lots of the product for the start demand does not exceed the bidder’s allocation limits (when expressed in MHz):

2.             applicable to the product, other than a lower band product and an upper band product; or

3.          applicable to any one of the combined products; and

4.    the number of lots for the bidder’s start demand of the product is not greater than the number of lots for the supply of the product.

Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in designated areas. However, in the marketing plan, the lots in the Greater Perth, Hobart and Margaret River areas are each divided into two different products, such that each area has a lower band product and an upper band product. For the purposes of the allocation limits, the two products of each area are treated as just one product. For all other purposes, they are to be treated as two products.

(5) In subclause (4), supply has the meaning given by subclause 2(1).

(6) For the purposes of paragraph (2)(a), a bidder may only change a provisional start demand for lots of a product if, for all start demands of the bidder for lots of any products wanted by the bidder entered under paragraph (2)(a) or taken to be entered under paragraph (3)(a), the initial eligibility points of the bidder do not exceed the maximum eligibility points of the bidder.

(7) After the end time of the pre-bidding phase, the auction manager must provide the following information to each bidder, using the auction system:

1.        the bidder’s actual start demands for the lots of each product  for the first clock round;
2.        the bidder’s minimum spectrum requirements (if any) for the lots of each product for the primary stage;
3.        the bidder’s initial eligibility points.

(8) In this clause, initial eligibility points has the meaning given by subparagraph 12(1)(a).