122Availability of lots to particular bidders

122  Availability of lots to particular bidders

 (1) Subject to subsections (2) to (6), a residual lot is available to a bidder for bidding in the secondary stage if:

 (a) the bidder could bid on the lot without exceeding the allocation limit for the area of any product; and

 (b) either:

 (i) the bidder did not elect to adopt the minimum spectrum requirement for lots of that product; or

 (ii) if the bidder elected to adopt the minimum spectrum requirement for the lots of that product—the bidder was allocated at least 2 lots of the product in the primary stage.

Bidders affected by allocation limit must nominate available lots

 (2) Subsections (3) to (6) apply to a bidder if:

 (a) residual lots of 2 or more products are available in the secondary stage of the auction; and

 (b) the area for 2 or more of those products overlaps to any extent with:

 (i) the area for any other of those products; or

 (ii) for the 3.4 GHz auction—the area for a product for which the bidder is a primary winner or a secondary winner in the 3.7 GHz auction; and

 (c) if the bidder were to bid on 2 or more of those overlapping products (the affected products), the bidder would exceed an allocation limit in an area.

 (3) Before the pre‑bidding round of the secondary stage, the auction manager must:

 (a) notify the bidder that the allocation limits affect the bidder in the secondary stage; and

 (b) advise the bidder of the affected products; and

 (c) specify a time and date, before the pre‑bidding round of the secondary stage, before which the bidder must make a nomination under subsection (4).

 (4) The bidder may nominate in writing the residual lots that are to be available for bidding by the bidder during the secondary stage. The nomination must be such that the bidder could bid on all of the nominated lots without exceeding an allocation limit in any area.

 (5) If the bidder makes a nomination under subsection (4) by the time specified, then the nominated lots are available to the bidder for bidding during the secondary stage and the residual lot of any affected product not nominated is not available to the bidder for bidding.

 (6) If the bidder fails to make a nomination under subsection (4) by the time specified, the residual lots of the affected products are not available to the bidder for bidding.