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 after conducting the auction.
After the winning bidder for each lot has been identified, the ACMA must notify the unsuccessful bidders and applicants who were not registered as bidders that their confidentiality obligations have ended. The ACMA must give each winning bidder for a 1800 MHz lot information about the other winning bidders for 1800 MHz lots. Each winning bidder for a 1800 MHz lot must make a statement about whether it is affiliated with any other winning bidder for a 1800 MHz lot or an existing 1800 MHz licensee.
If there is such an affiliation, and if issuing spectrum licences to the winning bidders would breach the allocation limits, the ACMA must not issue spectrum licences to the winning bidders for all the lots won. Instead, the ACMA must only issue spectrum licences that would not result in a breach of the allocation limits.
A winning bidder must pay the balance of the winning price for a licence; this is the winning price for the licence less any deposit paid. If a winning bidder fails to pay the balance of the winning price for a licence, the winning bidder is not entitled to be issued the licence.
Division 2—Application of this Part
63 This Part applies if an auction is conducted
This Part applies if an auction is conducted under Part 6.
Division 3—Confirmation of auction results
64 Notice and refunds to unsuccessful bidders and withdrawn applicants
(1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder that:
(a) the bidder was unsuccessful in the auction; and
(b) the bidder’s confidentiality obligations under section 17 have ended.
(2) If the unsuccessful bidder paid a deposit, the ACMA must refund the payment no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the deposit under section 81.
Note: Section 81 enables the ACMA to retain a deposit if it is satisfied certain breaches of this instrument have occurred.
(3) As soon as practicable after the end of the auction period, the ACMA must notify each applicant that withdrew, or was taken to have withdrawn, its application that the applicant’s confidentiality obligations under section 17 have ended.
(4) If an applicant that withdrew, or was taken to have withdrawn, its application paid a deposit, the ACMA must refund the payment no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the deposit under section 81.
Section Part 7 - Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017 - Procedures after auction | Zoe
Note: Section 81 enables the ACMA to retain a deposit if it is satisfied certain breaches of this instrument have occurred.
65 Winning bidder to make statement about affiliations – 1800 MHz lots
(1) As soon as practicable after the end of the auction period, the ACMA must:
(a) give each winning bidder for a 1800 MHz lot details of each other winning bidder for a 1800 MHz lot, and details of those bidders’ associates; and
(b) ask each such bidder to make a statement whether the bidder is an affiliate of:
(i) an existing 1800 MHz licensee and, if so, identifying the existing 1800 MHz licensee and giving details of the affiliation; or
(ii) another winning bidder for a 1800 MHz lot and, if so, identifying the other winning bidder and giving details of the affiliation.
Note: An existing 1800 MHz licensee may also be a bidder in the auction.
(2) The ACMA must state a deadline, at least 10 working days after the date of the request, before which the statement must be received by the ACMA.
(3) A winning bidder must give the ACMA the statement by the deadline.
Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.
Note 2: Section 136.1 of the Criminal Code also makes it an offence to make a false or misleading statement in connection with an application for a spectrum licence.
66 Notification that winning bidder is affiliated with existing licensee or another winning bidder – 1800 MHz lots
(1) If the ACMA is satisfied that one or more winning bidders for a 1800 MHz lot is affiliated with an existing 1800 MHz licensee that is not also a winning bidder for an 1800 MHz lot, the ACMA must notify the winning bidders in writing and tell each bidder the basis on which the ACMA is satisfied that the bidder and the existing 1800 MHz licensee are affiliated.
(2) If the ACMA is satisfied that a winning bidder for a 1800 MHz lot is affiliated with another winning bidder for a 1800 MHz lot, the ACMA must notify each of those winning bidders in writing and tell the bidder the basis on which the ACMA is satisfied that the bidders are affiliated.
67 Consequences of affiliation between winning bidders, or between winning bidders and existing licensees – 1800 MHz lots
(1) If:
(a) the ACMA notifies one or more winning bidders under subsection 66(1) that it is satisfied the winning bidders are affiliated with an existing 1800 MHz licensee; and
(b) the existing 1800 MHz licensee is not also a winning bidder for a 1800 MHz lot; and
(c) the number of lots won by the winning bidders, when the lot size of those lots is aggregated with the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the existing 1800 MHz licensee, may use in the 1800 MHz band, exceeds the 1800 MHz allocation limits;
the ACMA:
(d) must not issue spectrum licences to the winning bidders that would exceed the 1800 MHz allocation limits; and
(e) must not issue spectrum licences to the winning bidders except in accordance with this section.
(2) If:
(a) the ACMA notifies two or more winning bidders under subsection 66(2) that it is satisfied the winning bidders are affiliated; and
(b) the number of lots won by the winning bidders, when the lot size of those lots is aggregated with a part or parts of the spectrum that the winning bidders, or the specified group of persons that includes the winning bidders, may use in the 1800 MHz band, exceeds the 1800 MHz allocation limits;
the ACMA:
(c) must not issue spectrum licences to the winning bidders that would exceed the 1800 MHz allocation limits; and
(d) must not issue spectrum licences to the winning bidders except in accordance with this section.
Note: One of the winning bidders may also be an existing 1800 MHz licensee.
(3) For each winning bidder, the ACMA must identify, in relation to the 1800 MHz lots for which the bidder is a winning bidder (the total lots), each lot where the aggregate of:
(a) the lot size of the lot; and
(b) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;
does not exceed the 1800 MHz allocation limits.
(4) If, for a winning bidder, the ACMA identifies one or more of total lots under subsection (3):
(a) subject to this instrument, the winning bidder is entitled to be issued a spectrum licence for those lots; and
(b) the ACMA must not issue a spectrum licence for the remaining total lots to the winning bidder.
Note: The winning bidder must still pay the balance of the winning price before being issued the spectrum licence, in accordance with Division 4. The balance of the winning price is calculated on the basis of the lots for which the bidder is the winning bidder, regardless of the effect of this section.
(5) If no lot can be identified under subsection (3), the ACMA must not issue a spectrum licence for any 1800 MHz lot to that bidder.
(6) If, as a result of the operation of this section, a spectrum licence is not issued for a lot for which there is a winning bidder, section 76 applies to that lot.
Division 4—Payment and issue of spectrum licences
68 The winning bid price for a lot
The winning bid price for a lot won by a winning bidder at auction is:
(a) if there is only one bid on the lot – the starting price for the lot; or
(b) if there is more than one bid on the lot – the highest bid made for the lot by any bidder, during any round, other than the final high bid.
69 The winning price and the balance of the winning price
(1) The winning price for a winning bidder is the sum of the winning bid prices for the lots won by the bidder.
(2) The balance of the winning price for a winning bidder is the winning price for the bidder less the amount of any deposit paid by the bidder.
70 Sufficient deposit – issue of spectrum licence without further payment
(1) If, for a winning bidder, the balance of the winning price is less than zero:
(a) the ACMA must refund the deposit in excess of the total of the winning price for the winning bidder; and
(b) the bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder without further payment.
Note: For the issue of spectrum licences, see section 62 of the Act.
(2) If, for a winning bidder, the balance of the winning price is zero, the bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder without further payment.
Note: For the issue of spectrum licences, see section 62 of the Act.
71 Payment of balance of winning price
(1) If, for a winning bidder, the balance of the winning price is greater than zero, the ACMA must notify the bidder by registered mail of the lots won by the bidder and the balance of the winning price.
(2) The balance of the winning price must be paid to the ACMA on behalf of the Commonwealth no later than 20 working days after the date of the notice.
Note: For information on how the balance of the winning price must be paid, see section 7.
(3) If the ACMA becomes aware that a notice under subsection (1) contains a material error, the ACMA must give the winning bidder a revised notice by registered mail.
(4) If a revised notice is given under subsection (3), the balance of the winning price must be paid to the ACMA on behalf of the Commonwealth no later than:
(a) if the revised notice is given within 20 working days after the date of the original notice – 30 working days after the date of the original notice;
(b) in any other case – 10 working days after the date of the revised notice.
72 Issue of spectrum licence
If a winning bidder pays the balance of the winning price in accordance with section 71, the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder.
Note 1: For the issue of spectrum licences, see section 62 of the Act.
Note 2: Section 67 may affect the ability of the ACMA to issue a spectrum licence to a winning bidder.
73 Default
If a winning bidder does not pay the balance of the winning price in accordance with section 71:
(a) the spectrum licence is not allocated to the winning bidder; and
(b) the allocation of spectrum licences under this instrument to other applicants is not affected; and
(c) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the winning bidder.
Note: See section 86 in relation to the rights of the ACMA and the Commonwealth.
74 Publication of auction results
The ACMA must announce or publish the following information about the auction after the end of the auction period:
(a) the names of winning bidders;
(b) the spectrum allocated to each winning bidder;
(c) the winning price for each lot won by each winning bidder.