65Meaning of winning bidder and winning price

65  Meaning of winning bidder and winning price

 (1) A winning bidder, in the 3.7 GHz auction or the 3.4 GHz auction, is:

 (a) a primary winner in the auction; or

 (b) a secondary winner in the auction; or

 (c) for the 3.4 GHz auction—a person who was allocated a leftover lot under Division 1 of this Part.

 (2) The winning price for a winning bidder in relation to the 3.7 GHz auction or the 3.4 GHz auction is the total of:

 (a) the primary price for all lots allocated to the bidder in the primary stage of the auction; and

 (b) the secondary price for all lots allocated to the bidder in the secondary stage (if there is one) of the auction; and

 (c) the total assignment price (if any) for all frequency ranges assigned to those lots in the assignment stage of the auction; and

 (d) for the 3.4 GHz auction—the set price for any leftover lot allocated to the bidder under Division 1 of this Part.

Note 1: The winning price is the total spectrum access charge fixed under section 294 of the Act, payable by a licensee for the issuing of spectrum licences to the licensee.

Note 2: This section relates to Division 7 of Part 5 of this instrument and is disallowable under section 42 of the Legislation Act 2003.

Division 3—Dealing with affiliations during the allocation period