Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023
78Recalculation of unused allocation limit
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78 Recalculation of unused allocation limit
(1) This section applies in relation to a bidder who is:
(a) the primary winner or secondary winner for a lot of a product in the 3.7 GHz auction; or
(b) affiliated with a primary winner or secondary winner for a lot of a product in the 3.7 GHz auction.
(2) After the end of the 3.7 GHz auction, the ACMA must determine the unused allocation limit (see sections 15 and 73) for the bidder for the 3.4 GHz auction for each metropolitan product or regional product that will be available in that auction.
Note 1: The unused allocation limit must take into account the outcome of the 3.7 GHz auction: see subparagraph 12(4)(b)(ii) and subsection 15(2).
Note 2: The unused allocation limit is affected by affiliations between auctions: see section 73.
(3) At least 3 working days before the start of the pre‑bidding round of the primary stage of the 3.4 GHz auction, the ACMA must notify the bidder of its unused allocation limit for each such product for the 3.4 GHz auction.