9Simplified outline of this Part

9 Simplified outline of this Part

This Part deals with the definition and application of the allocation limits that apply to the allocation of spectrum licences under this instrument.

The Minister has given the ACMA the allocation direction under subsection 60(10) of the Act, which requires the ACMA to determine procedures that impose limits on the aggregate parts of the spectrum that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may in total be used by the members of a specified group of persons, namely, any person and that person’s associates.

This Part also sets out when two participants in the allocation process are affiliated. Generally, if two participants are affiliated, they cannot both participate in the allocation process.

This Part also sets out when a participant in the allocation process is affiliated with a previous successful bidder under the previous allocation determination. In determining and applying procedures imposing the allocation limits, the ACMA must take into account spectrum licences to be allocated under this instrument, and spectrum licences allocated under the previous allocation determination. Generally, if a participant is affiliated with a previous successful bidder, there may be a limit on which lots the participant may be able to nominate as its preferred lots in the allocation process.