Turn the raw legal text into a practical explanation grounded in Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023.
Note 1: A number of expressions used in this instrument are defined in the Act, including the following:
(a) ACCC;
(b) ACMA;
(c) frequency band;
(d) licence;
(e) radiocommunications device;
(f) spectrum;
(g) spectrum licence.
Note 2: In this instrument, register has a different meaning to that given to Register by section 5 of the Act.
(1) In this instrument:
3.4/3.7 GHz bands means the following parts of the spectrum:
(a) the 3.4 GHz band;
(b) the 3.7 GHz band.
3.4 GHz auction: see paragraph 11(1)(c).
3.4 GHz band means the part of the spectrum from 3400 MHz to 3575 MHz.
3.4 GHz product has the same meaning as in the marketing plan.
3.7 GHz auction: see paragraph 11(1)(b).
3.7 GHz band means the part of the spectrum from 3700 MHz to 3800 MHz.
3.7 GHz product has the same meaning as in the marketing plan.
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACMA Act means the Australian Communications and Media Authority Act 2005.
ACMA staff has the meaning given by section 3 of the ACMA Act.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Radiocommunications Act 1992.
affiliated: see section 17.
aggregate existing MHz: see subsection 14(5).
allocation limits: see section 12.
allocation period: see subsection 11(3).
allocation process: see subsection 11(2).
applicant means a person who has applied to become registered as a bidder.
Note: A person may apply under section 34, 45 or 50.
applicant information package: see subsection 27(1).
application deadline: see subsection 21(1).
application fee: see section 20.
application form: see paragraph 23(1)(a).
ARBN has the meaning given by section 9 of the Corporations Act 2001.
area, in relation to a product, means the geographic area of the region for the product.
Note: The regions for the products are set out in the marketing plan.
assignment bid: see subsection 140(2).
assignment bidder: see subsection 139(2).
assignment price: see section 144.
assignment round means a round in the assignment stage for determining the assignment of frequency ranges to the lots of each product that were allocated to a bidder in the primary stage or secondary stage.
(a) commencing at the start of the first assignment round of the auction; and
(b) ending immediately after the auction manager provides the results for every assignment round in accordance with section 148.
assignment winner: see subsection 143(4).
associate: see subsection 16(1).
associates form: see paragraph 23(1)(b).
auction means the 3.7 GHz auction or the 3.4 GHz auction.
auction manager: see section 19.
auction system means the system the ACMA makes available to bidders to participate in an auction.
authorised area: see subsection 14(6).
balance of the total winning price: see section 87.
bidder means a person registered by the ACMA as a bidder under section 54.
bid increment percentage:
(a) in relation to the primary stage of an auction—see section 94; or
(b) in relation to the secondary stage of an auction—see section 116.
clock price, for a lot of a product for a clock round, means the sum of the following, rounded up to the nearest hundred:
(a) the opening price for the lots of the product;
(b) the bid increment percentage for the lots of the product multiplied by that opening price.
clock round means a round for bids in the primary stage of an auction.
confidential information: see section 28.
continue bid: see subsection 126(2).
decrease bid has the meaning given by subsection 103(7).
Note: If a bidder with a start demand for the lots of a product for a clock round does not make a valid bid for the clock round, the bidder will be taken to have requested a decrease bid: see paragraph 103(8)(b).
deed of acknowledgement means a deed of acknowledgement form that has been completed and executed by an applicant as a deed 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 or with the requirements for executing a deed.
deed of acknowledgement form: see paragraph 23(1)(c).
deed of confidentiality means a deed of confidentiality form that has been completed and executed as a deed 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 or with the requirements for executing a deed.
deed of confidentiality form: see paragraph 23(1)(e).
deed of financial security means a deed of financial security form that has been completed and executed as a deed 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 or with the requirements for executing a deed.
deed of financial security form: see paragraph 23(1)(d).
demand change has the meaning given by subsection 107(5).
eligibility deadline: see subsection 21(2).
eligibility nomination form: see paragraph 23(1)(f).
eligibility payment: see subsection 41(2).
eligibility points for a bidder at a time: see section 104.
eligibility requirement percentage: see subsection 95(1).
entry, during a pre‑bidding round, means an entry in the auction system made by a bidder under subsection 101(1) or 124(1).
exceed, in relation to an allocation limit, has the meaning given by subsection 12(2).
excess demand: see subsection 107(7).
exit bid: see subsection 126(3).
extended eligibility deadline: see paragraph 25(2)(b).
final clock round: see section 110.
final high bid: see subsection 128(3).
final round, for a lot: see subsection 128(1).
increase bid has the meaning given by subsection 103(5).
last round of the secondary stage: see subsection 129(2).
leftover lot has the same meaning as in the marketing plan.
list of frequency range options includes a set of frequency range options.
lot has the same meaning as in the marketing plan.
lot bandwidth has the same meaning as in the marketing plan.
lot rating for a lot of a product means the lot rating set by the ACMA under paragraph 22(a), as varied (if applicable) under paragraph 25(1)(b).
maintain bid has the meaning given by subsection 103(3).
marketing plan means the Radiocommunications Spectrum Marketing Plan (3.4/3.7 GHz Bands) 2023.
metropolitan product has the same meaning as in the marketing plan.
new application deadline: see paragraph 25(2)(a).
opening price, for a lot of a product for a clock round, means:
(a) for the first clock round—the starting price for a lot of the product; or
(b) for any clock round other than the first clock round—the posted price for a lot of the product for the previous clock round.
Note: For starting prices, see paragraph 22(d) or 25(1)(a).
overlap area: see subsection 14(7).
posted demand, for a bidder for lots of a product for a clock round, has the meaning given by subsection 107(6).
posted price, for a lot of a product for a clock round, has the meaning given by subsection 107(8).
pre‑bidding round, for the primary stage or the secondary stage of an auction, means a round described in paragraph 58(2)(a) (for the primary stage) or 58(3)(a) (for the secondary stage).
Note: See also section 76 for the scheduling of the pre‑bidding round of the primary stage and section 117 for the scheduling of the pre‑bidding round of the secondary stage.
primary price: see section 112.
primary stage means the part of an auction:
(a) commencing at the start of the pre‑bidding round set for the primary stage of the auction under paragraph 76(1)(b) or 82(1)(b); and
(b) ending immediately after the auction manager provides the results for the final clock round in accordance with sections 113 and 114.
primary winner: see subsection 110(3).
processing algorithm: see section 107.
product has the same meaning as in the marketing plan.
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—3.4 GHz and 3.7 GHz Bands) Declaration 2022.
regional product has the same meaning as in the marketing plan.
register means the register of bidders maintained by the ACMA under section 55.
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.
relevant group of persons: see subsections 16(3) and (4).
relevant spectrum means the part of the spectrum from 3400 MHz to 3800 MHz.
residual lot: see subsection 115(2).
residual price: see subsection 131(2).
round, for the secondary stage of an auction, means a round for bids in the secondary stage of the auction.
secondary price: see subsection 131(1).
secondary stage means the part of an auction:
(a) commencing with the start of the pre‑bidding round set for the secondary stage of the auction under section 117; and
(b) ending immediately after the auction manager provides the results for the final round of the secondary stage in accordance with sections 132 and 133.
secondary winner: see subsection 128(2).
set price, for a leftover lot, means the price set by the ACMA under paragraph 22(c), as varied (if applicable) under paragraph 25(1)(c).
specified price: see subsection 126(4).
start demand, for a bidder for lots of a product for a clock round:
(a) for the first clock round—has the meaning given by subsection 101(3); and
(b) for a clock round other than the first clock round—means the posted demand of the bidder for the lots of the product for the previous clock round.
starting price for a lot of a product means the price set by the ACMA under paragraph 22(d), as varied (if applicable) under paragraph 25(1)(a).
supply, for lots of a product before the first clock round or for a clock round of the primary stage of an auction, means the number of lots of the product that are available in the primary stage of the auction.
total assignment price: see section 147.
unused allocation limit has the meaning given by section 15.
updated eligibility nomination form: see paragraph 25(2)(c).
winning bidder: see subsection 65(1).
winning price: see subsection 65(2).
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.
(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 Victoria.