Div 4Maximum eligibility points, provisional minimum spectrum requirements and financial security

Division 4 Maximum eligibility points, provisional minimum spectrum requirements and financial security

35 Maximum eligibility points and selecting provisional minimum spectrum requirements

 (1) The maximum eligibility points that an applicant may specify in its completed eligibility nomination form (or updated eligibility nomination form) is the sum of the lot ratings for the number of lots of each product to be auctioned, up to the applicant’s allocation limits (when expressed in eligibility points):

1.       applicable to the product, other than a lower band product and an upper band product; or
2.       applicable to any one of the combined products.

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 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.

 (2)  The provisional 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 27(1)(c). If a selection is not made for a product, the applicant is taken to have no provisional minimum spectrum requirement for the lots of that product.

Note: An applicant may select a provisional minimum spectrum requirement for the lots of any product, even if the applicant has not specified a provisional start demand for the lots of a product in its eligibility nomination form.

36 Eligibility payment or deed of financial security required for maximum eligibility points

 (1) An applicant must, before the eligibility deadline or extended eligibility deadline (if there is one), secure the applicant’s maximum eligibility points by:

1.       making an eligibility payment of an amount to the ACMA on behalf of the Commonwealth; or
2.       giving the ACMA on behalf of the Commonwealth a deed of financial security, which has been completed in the approved form and executed, for an amount; or
3.       making an eligibility payment of part of an amount and giving a deed of financial security for the remainder.

Note: For information on how an eligibility payment is made, see section 9. For information on how a deed of financial security is given, see section 7 and subsections (7) and (8).