Turn the raw legal text into a practical explanation grounded in Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017.
This Part deals with the procedures to be undertaken in conducting an auction.
The ACMA must register eligible applicants as bidders in the auction. The ACMA must also set the commencement of the auction, and give this information to bidders.
The auction is to be conducted in accordance with the rules in Schedule 1. Bidding is to occur by the auction system made available by the ACMA. However, the auction manager may permit bids to be made by other methods in particular circumstances, and may also allow bids to be made outside rounds in particular circumstances. The auction manager may also restart, cancel or take other specified action in relation to the auction in exceptional circumstances.
During the auction, bidders for a 1800 MHz lot must report any affiliations with each other, or with an existing 1800 MHz licensee, to the ACMA.
Division 2—Application of this Part
49 Lots to which this Part applies
This Part applies in relation to a lot unless:
(a) the ACMA is satisfied under subsection 37(1) that there is only one applicant that has nominated the lot as one of its preferred lots; or
(b) the lot is not a preferred lot for any bidder.
Division 3—Registration of bidders
50 Register of bidders
(1) The ACMA must maintain a register of bidders in the auction in electronic form.
(2) For each bidder, the register must contain the following:
(a) the bidder’s name;
(b) the bidder’s postal address;
(c) the bidder’s email address;
(d) the bidder’s telephone number;
(e) the name, position, postal address, email address and telephone number of a contact person for the bidder;
(f) the bidder’s preferred lots, reduced (if required) as a result of Division 4 of Part 4;
(g) the bidder’s ACN, ARBN or ABN;
(h) if the bidder has nominated one or more 1800 MHz lots as its preferred lots – the names of the bidder’s associates and the nature of their association with the bidder.
(3) The register may also contain any other information that the ACMA considers necessary or convenient for conducting the auction.
(4) The ACMA must make changes to the register as soon as practicable after:
(a) a bidder tells the ACMA of a change in the bidder’s name or contact information, including a change of information for the bidder’s contact person; or
(b) the ACMA becomes aware that any of the information on the register is not correct.
51 Registration process
(1) The ACMA must register a person as a bidder in the auction only if:
(a) the application deadline has passed; and
(b) the person has made a valid application under section 29; and
(c) if a deed of financial security is given – the ACMA is satisfied that the person who executed the deed is a person mentioned in subsection 33(6); and
(d) the person has not withdrawn, or is not taken to have withdrawn, its application; and
(e) in relation to at least one lot the person nominated as one of its preferred lots – the person is not the only applicant to have nominated the lot as one of its preferred lots.
(2) After the application deadline, the ACMA must, in writing, tell a bidder that the bidder has been registered and may participate in the auction, and give the bidder the following:
(a) a copy of the information recorded on the register for the bidder;
(b) the ACMA’s email address and telephone and fax numbers available for use by bidders;
(c) information about accessing and using the auction system;
(d) any items required for access;
(e) information about how to bid by alternative means if the bidder is unable to submit a bid using the auction system.
Note: Information provided to a bidder under this section for the purpose of participating in the auction is defined as confidential information in section 16.
52 Bidder to notify ACMA if register incorrect
If a bidder knows that any of the information about the bidder or the bidder’s associates on the register is incorrect, the bidder must immediately give the ACMA the correct information.
53 Preparation for bidding
The ACMA must give each bidder an opportunity to try the auction system before the auction commences.
54 Security of auction
(1) A bidder must ensure that any items provided to the bidder for the purpose of accessing the auction system are kept secure during the auction period.
(2) The bidder must notify the ACMA immediately if any item provided to the bidder for the purpose of accessing the auction system is lost or stolen during the auction period.
Division 4—Setting elements of the auction
55 Auction procedures
(1) The first round of the auction starts on the date and time for that round set by the auction manager under subsection 56(1).
(2) The rounds of the auction are to be scheduled, and the auction is to be conducted, in accordance with the rules in Schedule 1.
56 First and second rounds
(1) After the application deadline, the auction manager must set the start date and time of the first and second rounds of the auction.
(2) The auction manager must notify bidders of the start date and time of the first and second rounds at least 10 working days before the start date of the first round.
Division 5—Procedures for bids not using the auction system and for exceptional circumstances
57 Auction manager’s discretion to accept bids
(1) The auction manager may permit a bidder to make a bid during a round by a method other than the auction system if the auction manager is satisfied that the bidder is not able to make a bid for the round using the auction system.
Note: The auction manager may permit a bidder to make a bid by a method that requires the verification that the bidder is making the bid.
(2) The auction manager may permit a bidder to make a bid for a round after the end time of the round if the auction manager is satisfied that the bidder could not make the bid during the round because of technical or communication problems.
(3) A bid permitted to be made by the auction manager under subsection (2) is taken to have been made during the round.
(4) The auction manager must not permit a bidder to make a bid under subsection (2) after information about the outcome of the round has been given to bidders.
Note: See clause 2 of Schedule 1 for details of the information about the outcome of the round that will be given to bidders.
58 Action that auction manager may take in exceptional circumstances
(1) If the auction manager is satisfied that the auction is affected by exceptional circumstances, the auction manager may:
(a) make corrections to:
(i) the results of the round of the auction that last ended; and
(ii) information received by a bidder after that round; or
(b) stop the current round of the auction and restart the round; or
(c) cancel the results of one or more auction rounds and restart the auction from the point before those rounds; or
(d) cancel the results of all the auction rounds and restart the auction from the first round; or
(e) stop the auction.
(2) For this section, exceptional circumstances include:
(a) a significant technical difficulty with the auction system; or
(b) a breach of the confidentiality obligations in section 17.
(3) Subsection (2) does not limit what might constitute exceptional circumstances.
Division 6—Affiliations during the auction
59 Requirement to report affiliation – 1800 MHz band
(1) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of an existing 1800 MHz licensee, the bidder must immediately tell the ACMA in writing the identity of the existing 1800 MHz licensee and give details of the affiliation.
(2) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of another bidder that has nominated one or more 1800 MHz lots, the bidder must immediately tell the ACMA in writing the identity of the other bidder and give details of the affiliation.
60 Auction continues despite possible affiliation
(1) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with an existing 1800 MHz licensee, the auction is to continue and each of:
(a) the bidder; and
(b) if the existing 1800 MHz licensee is also a bidder – the licensee;
may continue to participate in the auction.
(2) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with another bidder that has nominated one or more 1800 MHz lots, the auction is to continue and each of the bidders may continue to participate in the auction.
61 ACMA consideration of affiliation
(1) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with an existing 1800 MHz licensee during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the existing 1800 MHz licensee.
(2) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with another bidder that has nominated one or more 1800 MHz lots during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the other bidder.
(3) If a bidder gave the ACMA information under subsection 59(1) about an affiliation with an existing 1800 MHz licensee, and the ACMA does not consider that the bidder is affiliated with the licensee, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the licensee.
(4) If a bidder gave the ACMA information under subsection 59(2) about an affiliation with another bidder, and the ACMA does not consider that the bidder is affiliated with the other bidder, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the other bidder.