Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023
15Unused allocation limit
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15 Unused allocation limit
(1) The unused allocation limit for a person for a metropolitan product or regional product for an auction is the allocation limit for the area of the product, reduced (but not below zero) by the highest amount of spectrum (expressed in MHz) calculated under subsection (2) for the person for the area of the product, or any part of that area, for the auction.
Note: The unused allocation limit is entered on the register of bidders (see section 55) and in the auction system (see section 98). A bid is invalid if it exceeds the unused allocation limit (see paragraph 103(4)(c)).
(2) The amount of spectrum (expressed in MHz) for a person for an area (which may be all or part of the area of the product) for an auction is the aggregate existing MHz for the person for the area, calculated:
(a) immediately before the start of the pre‑bidding round of the primary stage of the auction; and
(b) disregarding any authorisations that are disregarded by section 14 and any authorisations not taken into account under subsection 12(5).
3.4 GHz auction—apportionment of unused allocation limit where bidders are affiliated
(3) If section 73 (about affiliations that affect the unused allocation limit for the 3.4 GHz auction) applies to 2 or more persons, the unused allocation limit for a metropolitan product or regional product for each of those bidders for the 3.4 GHz auction is calculated by:
(a) starting with the limit calculated for those bidders under subsection (1) of this section for the product and the auction; and
(b) apportioning that limit between the affiliated bidders in the manner determined under section 73.