UPDATE - On 19 March 2013, the Minister for Broadband, Communications and the Digital Economy gave a direction, titled the Australian Communications and Media Authority (Spectrum Licence Allocation–Combinatorial Clock Auction–Eligibility Deadline and Payment Terms) Direction 2013 (the Direction), requiring that the ACMA:
- not notify a winning bidder under subsection 6.8(1) of the Radiocommunications (Spectrum Licence Allocation-Combinatorial Clock Auction Determination) 2012 of the balance of the bidder’s winning price before:
- if any of the spectrum licences to be issued for the parts of the spectrum allocated to the bidder has a commencement date of 1 October 2014—19 August 2014; or
- otherwise—1 October 2014.
- extend the date of the eligibility deadline for the auction from 21 March 2013 to 28 March 2013.
As a result of the Direction, the ACMA has revised the eligibility deadline from 11.59 pm on 21 March 2013 to 11.59 pm on 28 March 2013. It has also revised the auction commencement date from 16 April 2013 to 23 April 2013.
In accordance with subsection 4.5(4) of Part 4 of the Radiocommunications (Spectrum Licence Allocation—Combinatorial Clock Auction) Determination 2012, the ACMA has published a notice giving details of these changes on its website.
The post below has been updated on 20 March 2013 to incorporate the changes outlined in the notice. The changes made to this post (including the changes to the auction guide) are listed here for ease of reference.
In accordance with section 4.5 of the Radiocommunications (Spectrum Licence Allocation —Combinatorial Clock Auction) Determination 2012 (the determination), the ACMA is publishing the Applicant information package (AIP) for the digital dividend auction. The AIP includes the Auction guide, legislative instruments, forms, application fee, auction deadlines, information on how to lodge auction documents and how to stay informed.
The Auction guide provides a plain English explanation of the spectrum products on offer and how interested parties can participate in the auction. The ACMA has revised the Auction guide to reflect the Minister’s Direction which was issued to the ACMA on 19 March 2013.
The legislative instruments for the auction are:
- Radiocommunications (Spectrum Licence Allocation — Combinatorial Clock Auction) Determination 2012
- Radiocommunications Spectrum Marketing Plan (700 MHz Band) 2012
- Radiocommunications Spectrum Marketing Plan (2.5 GHz Band) 2012
Technical instruments for the 700 MHz band
- Radiocommunications (Unacceptable Levels of Interference — 700 MHz Band) Determination 2012
- Radiocommunications Advisory Guidelines (Managing Interference from Transmitters — 700 MHz Band) 2012
- Radiocommunications Advisory Guidelines (Managing Interference to Receivers — 700 MHz Band) 2012
- Maps depicting predicted coverage areas of digital television broadcasting and retransmission services, pursuant to Part 3.2(1) of Radiocommunications Advisory Guidelines (Managing Interference from Transmitters–700 MHz Band) 2012.
Technical instruments for the 2.5 GHz band
- Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Band) Determination 2012
- Radiocommunications Advisory Guidelines (Managing Interference from Transmitters – 2.5 GHz Band) 2012
- Radiocommunications Advisory Guidelines (Managing Interference to Receivers – 2.5 GHz Band) 2012
Spectrum licence limits directions
- Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012 (Amendment No. 1 of 2012)
- Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012 (Amendment No. 1 of 2012)
- Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011
- Radiocommunications (Spectrum Re-allocation) Declaration No. 2 of 2011
The ACMA prepared a booklet of auction forms and related information. The booklet includes:
- application form, with instructions for completing and lodging the form
- deed of financial security form
- information about providing a deed of financial security as an alternative to an eligibility payment
- deed of acknowledgement form
- deed of confidentiality form
- statutory declaration forms.
The booklet is available here:
- Auction forms – PDF version
Note that an editable PDF version of Form 1 (Application form) is available here.
Note that in response to feedback from applicants, a revised version of Form 6 (Deed of financial security) was provided to applicants on 12 March 2013. The changes made to the form did not alter the form’s legal effect. The revised form is available here.
The application fee for the auction is $25,000 and it is non-refundable.
The application deadline is 11.59 pm on 24 January 2013. By this date, applicants will need to:
- submit a completed application form
- submit a completed deed of acknowledgement form
- submit a completed deed of confidentiality form
- pay the application fee.
The eligibility deadline is 11.59 pm on 28 March 2013. By this date, applicants will need to:
- lodge a completed eligibility nomination form
- make an eligibility payment, provide a deed of financial security or do both.
The eligibility deadline is the last time for withdrawing from the auction. A person who has applied for registration as a bidder may only withdraw from the auction before the eligibility deadline by written notice given to the ACMA. An applicant who has withdrawn will not be readmitted to the auction.
Applicants who withdraw from the auction will remain subject to the confidentiality provisions in the allocation determination until after the end of the auction period. Withdrawn applicants will not be refunded their application fee, but will be refunded any eligibility payment they have made to the ACMA.
How to lodge documents with the ACMA
Auction documents may be lodged with the ACMA by:
Fax: (03) 9663 7693*
The Digital Dividend Auction Manager
Major Spectrum Allocations Section
Australian Communications and Media Authority
Level 44, 360 Elizabeth St
Melbourne VIC 3000.
*Subsections 1.6(2)–(4) of the allocation determination set out procedures for lodging documents by email or fax. Under these procedures:
- where a document is lodged by email, the document must be included as an attachment and:
- if it is a statutory declaration, a statement under section 6.3 of the allocation determination or a deed—be in PDF format or another format approved by the auction manager
- if it is any other type of document—be in Word, RTF or PDF format, or another format approved by the auction manager
- where a document is lodged by fax, the document must be accompanied by a cover sheet that states:
- the sender’s name, postal address, telephone number and fax number
- the number of pages transmitted, including the cover sheet
- the type of document—a completed application form, a completed eligibility form, a statutory declaration, a statement under section 6.3 of the allocation determination or a deed.
Subsections 4.7(3), 4.12(6), 4.13(4) and 4.14(6) of the allocation determination set out additional requirements for certain documents lodged by email or fax. Under these rules:
- Where a completed application form, deed of acknowledgement form, or deed of confidentiality form is given to the ACMA by email or fax before the applicable deadline, the original document must be received by the ACMA no later than three working days after the applicable deadline (or, if the ACMA agrees to a later time, by the agreed time) for the application to be valid.
- If an eligibility nomination form or a deed of financial security form is given to the ACMA by email or fax before the eligibility deadline, the original document must be received by the ACMA no later than three working days after the eligibility deadline (or, if the ACMA agrees to a later time, by the agreed time) for the nomination to be taken to have been made, or for the deed to be taken to have been given.
Keeping informed of updates
Updates about auction developments and events will be released through the ACMA’s engage website. The ACMA will notify stakeholders of any updates via the e-bulletin. Interested parties can sign up to this free e-bulletin on engage.
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