73Consequence of affiliation for 3.4 GHz auction—apportionment of unused allocation limit

73  Consequence of affiliation for 3.4 GHz auction—apportionment of unused allocation limit

 (a) ACMA has notified bidders under section 71 (affiliated persons); and

 (b) the affiliation time (see paragraph 71(b)) was before the start of the pre‑bidding round of the primary stage of the 3.4 GHz auction.

 (2) To avoid doubt, this section applies in addition to section 72 if the affiliation time was the time set out in subparagraph 72(1)(c)(i) for the 3.7 GHz auction.

 (3) The affiliated persons may give a direction in writing to the ACMA specifying how to apportion between those persons the unused allocation limit for the 3.4 GHz auction for each metropolitan product or regional product that is available in that auction.

 (4) The direction must be given:

 (a) jointly by the affiliated persons; and

 (b) to the ACMA within 5 working days after those persons received notification under section 71.

 (5) If the ACMA receives a direction that complies with subsections (3) and (4), then for the purposes of subsection 15(3), the manner of apportioning the relevant limit between the affiliated bidders is the manner specified in the direction.

 (6) If the ACMA does not receive a direction that complies with subsections (3) and (4), then for the purposes of subsection 15(3), the manner of apportioning the relevant limit between the affiliated bidders is the manner determined by the ACMA at its discretion.

Note: Section 78 requires the ACMA to give the bidders notice of their recalculated unused allocation limit.

 (7) For the purposes of section 29, the affiliated persons are authorised to disclose information to each other for the purpose of deciding how to direct the ACMA to apportion the unused allocation limit.

Division 4—Procedures relating to the 3.7 GHz auction