Turn the raw legal text into a practical explanation grounded in Radiocommunications (Spectrum Licence Allocation – 850/900 MHz Band) Determination 2021.
(1) In this instrument, unless the contrary intention appears:
850/900 MHz band means the following parts of the spectrum:
(a) 814 MHz to 825 MHz;
(b) 859 MHz to 870 MHz;
(c) 890 MHz to 915 MHz;
(d) 935 MHz to 960 MHz.
Note: For the parts of the 850/900 MHz band consisting of 824 MHz to 825 MHz and 869 MHz to 870 MHz, see clauses 10 and 11 of Schedule 4.
850 major population product has the same meaning as in subsection 5(1) of the marketing plan.
850 regional product has the same meaning as in subsection 5(1) of the marketing plan.
900 lower major population product has the same meaning as in subsection 5(1) of the marketing plan.
900 lower product: see subsection 5(6).
900 lower regional product has the same meaning as in subsection 5(1) of the marketing plan.
900 upper major population product has the same meaning as in subsection 5(1) of the marketing plan.
900 upper product: see subsection 5(7).
900 upper regional product has the same meaning as in subsection 5(1) of 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 16.
allocated means:
(a) for a lot of a product, other than a set-aside lot – allocated as a result of the primary stage or secondary stage; or
(b) for a set-aside lot – allocated as a result of the procedures in Schedule 1; or
(c) for the downshift metropolitan lot and the downshift regional lot – allocated as a result of clause 10 of Schedule 4.
allocation limits: see sections 13 and 14.
applicant means a person who has applied to become registered as a bidder.
Note: A person may apply under section 31, section 38 or section 48.
applicant information package: see subsection 30(1).
application deadline: see subsection 27(1).
application fee: see section 25.
application form: see paragraph 28(3)(a).
ARBN has the meaning given by section 9 of the Corporations Act 2001.
assignment bid: see subclauses 5(1), 5(5) and 5(6) of Schedule 4.
assignment price: see subclauses 8(2) and 8(3), and paragraph 9(c), of Schedule 4.
assignment round: see clause 2 of Schedule 4.
assignment stage means the part of the auction:
(a) commencing at the start of the first assignment round; and
(b) ending immediately after the auction manager provides the results for every assignment round in accordance with clauses 12 and 13 of Schedule 4.
Note: The assignment stage also deals with the allocation of the downshift metropolitan lot and the downshift regional lot.
assignment winner: see subclause 8(8) and paragraph 9(b) of Schedule 4.
associate: see subsection 15(1).
auction means the auction of lots held in accordance with this instrument, and includes the allocation (if any) of set-aside lots, the downshift metropolitan lot and the downshift regional lot.
auction manager: see section 24.
auction period means the period:
(a) commencing on the eligibility deadline; and
(b) ending immediately after the auction manager provides the results for the auction in accordance with section 76.
auction system means the system the ACMA makes available to bidders to participate in the auction.
balance of the winning price: see subsection 75(2).
bid:
(a) in a clock round for the primary stage – see subclause 2(1) of Schedule 2; or
(b) in a round for the secondary stage – see subclause 3(1) of Schedule 3; or
(c) in an assignment round for the assignment stage – means an assignment bid.
bidder means a person registered by the ACMA as a bidder under section 54.
clock round: see subsection 2(1) of Schedule 2.
confidential information: see section 18.
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.
Note: Strict compliance with the form is required.
deed of acknowledgement form: see paragraph 28(3)(b).
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.
Note: Strict compliance with the form is required.
deed of confidentiality form: see paragraph 28(3)(d).
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 28(3)(c).
downshift metropolitan lot has the meaning given by subsection 5(1) of the marketing plan.
downshift regional lot has the meaning given by subsection 5(1) of the marketing plan.
eligibility deadline: see subsection 27(2) and paragraph 40(9)(a).
eligibility nomination form: see paragraphs 31(5)(a) and 41(9)(b).
eligibility payment: see section 42 and subsection 46(4).
eligibility points: see subclause 12(1) of Schedule 2.
entry, during the pre-bidding phase, means an entry in the auction system made by a bidder under subclause 3(3) of Schedule 2.
extended eligibility deadline: see paragraphs 43(3)(b) and 51(11)(a).
final clock round: see clause 16 of Schedule 2.
lot: see subsection 5(1).
lot rating: see paragraphs 28(1)(b) and 43(1)(b).
major population product: see subsection 5(4).
marketing plan means the Radiocommunications Spectrum Marketing Plan (850/900 MHz Band) 2021.
maximum eligibility points:
(a) for an applicant – means the number of eligibility points specified in an eligibility nomination form or updated eligibility nomination form, in accordance with subsection 41(1); or
(b) for a bidder – means the maximum number of eligibility points secured by the bidder under section 42.
minimum spectrum requirement: see subsection (3).
new applicant:
(a) for sections 38 and 39 – see subsection 38(1); or
(b) for sections 48, 49 and 50 – see subsection 48(1).
new application deadline: see paragraph 43(3)(a).
posted demand: see subclause 2(1) of Schedule 2.
pre-bidding phase: see paragraph 59(1)(b).
primary price: see subclause 17(3) of Schedule 2.
primary stage means the part of the auction:
(a) commencing at the start of the pre-bidding phase; and
(b) ending immediately after the auction manager provides the results for the final clock round in accordance with clauses 18 and 19 of Schedule 2.
primary winner: see subclause 17(1) of Schedule 2.
product: see subsection 5(2).
provisional minimum spectrum requirement: see subsection (4).
provisional start demand, of an applicant for lots of a product, means the number of lots of the product specified by the applicant in a completed eligibility nomination form or completed updated eligibility nomination form in accordance with any of the following:
(a) subparagraph 31(7)(a)(i);
(b) paragraph 38(7)(a);
(c) paragraph 46(2)(a);
(d) subparagraph 48(4)(a)(i).
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─850/900 MHz Band) Declaration 2020.
regional product: see subsection 5(5).
register means the register of bidders maintained by the ACMA under section 53.
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 associate has the same meaning as in subsection 4(1) of the spectrum licence limits direction.
relevant group of persons: see subsections 15(4) and 15(5).
residual lot: see subclause 1(1) of Schedule 3.
round: for the secondary stage, see subclause 3(1) of Schedule 3.
secondary price: see subclause 18(3) of Schedule 3.
secondary stage means the rounds of the auction:
(a) commencing with the first round for a residual lot of a product; and
(b) ending immediately after the auction manager provides the results for the final round of the secondary stage in accordance with clauses 19 and 20 of Schedule 3.
secondary winner: see subclauses 15(4) and 16(2) of Schedule 3.
set-aside applicant means any of the following:
(a) one of:
(i) Optus Mobile Pty Limited (ACN 054 365 696) (Optus); or
(ii) a relevant associate of Optus;
(b) one of:
(i) TPG Telecom Limited (ACN 096 304 620) (TPG); or
(ii) a relevant associate of TPG.
set-aside lot: see clause 2 of Schedule 1.
set-aside participant: see subsection (2).
set-aside price: see paragraph 28(1)(c) and paragraph 43(1)(c).
size: see subsection 5(3).
spectrum licence limits direction means the Radiocommunications (Spectrum Licence Limits – 850/900 MHz Band) Direction 2021.
start demand: see subclause 2(1) of Schedule 2.
starting price: see paragraph 28(1)(a) and paragraph 43(1)(a).
supply: see subclause 2(1) of Schedule 2.
total assignment price: see subclause 8(9) of Schedule 4.
total size: see paragraph 5(3)(b).
updated eligibility nomination form: see subsection 43(6) and paragraph 51(11)(b).
varied eligibility deadline: see subsection 40(3).
varied eligibility nomination form: see paragraph 40(7)(a).
varied extended eligibility deadline: see subsection 51(6).
varied updated eligibility nomination form: see paragraph 51(9)(a).
winning bidder means any of the following:
(a) a primary winner;
(b) a secondary winner;
(c) a set-aside participant;
who has frequency ranges assigned to lots of a product at the end of the assignment stage.
winning price: see subsection 75(1).
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.
Note: A number of other 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.
In this instrument, register has a different meaning to that given to Register by section 5 of the Act.
(2) In this instrument, the following provisions determine whether a person is, or whether no person is, a set-aside participant:
(a) paragraph 31(3)(b);
(b) paragraph 31(4)(b);
(c) paragraph 38(5)(d);
(d) subsection 40(5);
(e) paragraph 40(6)(c);
(f) subsection 45(2);
(g) subsection 45(3);
(h) paragraph 48(2)(b);
(i) paragraph 51(8)(f);
(j) paragraph 52(7)(a);
(k) subparagraph 52(7)(b)(iii).
(3) In this instrument:
(a) for a set-aside participant, the minimum spectrum requirement, in relation to lots of a product other than:
(i) a 900 upper product; or
(ii) a 900 lower product;
means the number of lots of the product entered by, or taken to be entered by, the participant as its minimum requirement in the pre-bidding phase of the primary stage in accordance with paragraph 3(3)(b) of Schedule 2; or
(b) for any other bidder, the minimum spectrum requirement, in relation to lots of a product other than a 900 lower product, means the number of lots of the product entered by, or taken to be entered by, the bidder as its minimum requirement in the pre-bidding phase of the primary stage in accordance with paragraph 3(3)(b) of Schedule 2.
Note 1: No bidder may select a minimum spectrum requirement for a 900 lower product.
Note 2: No set-aside participant may select a minimum spectrum requirement for a 900 upper product.
Note 3: The only number of lots that may be selected as a minimum spectrum requirement for a product is 2 lots.
(4) In this instrument:
(a) for a set-aside participant, the provisional minimum spectrum requirement in relation to lots of a product other than:
(i) a 900 upper product; or
(ii) a 900 lower product;
means the number of lots of the product selected by the participant as its minimum requirement in a completed eligibility nomination form in accordance with any of the following:
(iii) subparagraph 31(7)(a)(iii);
(iv) paragraph 38(7)(a);
(v) paragraph 46(2)(c);
(vi) subparagraph 48(4)(a)(iii); or
(b) for any other applicant, the provisional minimum spectrum requirement in relation to lots of a product other than a 900 lower product, means the number of lots of the product selected by the applicant as its minimum requirement in a completed eligibility nomination form in accordance with any of the following:
(i) subparagraph 31(7)(a)(iii);
(ii) paragraph 38(7)(a);
(iii) paragraph 46(2)(c);
(iv) subparagraph 48(4)(a)(iii).
Note 1: No applicant may select a provisional minimum spectrum requirement for a 900 lower product.
Note 2: No set-aside participant may select a provisional minimum spectrum requirement for a 900 upper product.
Note 3: The only number of lots that may be selected as a provisional minimum spectrum requirement for a product is 2 lots.
(5) 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.
(6) In this instrument, a reference to time is a reference to the legal time in the Australian Capital Territory.