10How licences will be allocated

10 How licences will be allocated

(1) Spectrum licences for spectrum in the 2.3 GHz (unallocated lots) band will be allocated by simple clock auction in accordance with the procedures set out in the allocation determination.

Note: Neither the ACMA nor the Commonwealth accepts any liability for any loss or damage suffered by any person participating in the auction. Any person intending to participate in the auction should obtain independent legal, technical and financial advice before applying.

(2) If, before the auction manager sets the start date and time for the first and second rounds of the auction, the ACMA is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, the ACMA may offer to allocate spectrum licences for the lots for a pre-determined price, as set out in Part 5 of the allocation determination. (3) Parts of the 2.3 GHz (unallocated lots) band that are offered at auction or for a pre-determined price but not allocated may be later offered for allocation in accordance with Schedule 4 of the allocation determination.