Commonwealth of Australia

Australian Communications and Media Authority Act 2005

Australian Communications and Media Authority (Allocation Procedures ‒ Reserve Prices) Direction No. 2 of 2012

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy make the following Direction under section 14 of the Australian Communications and Media Authority Act 2005.

Dated 14 December 2012

STEPHEN MICHAEL CONROY

Minister for Broadband, Communications and the Digital Economy

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1               Name of Direction

This Direction is the Australian Communications and Media Authority (Allocation Procedures ‒ Reserve Prices) Direction No.2 of 2012.   

2               Commencement

This Direction commences on the day it is made.

3               Cessation

This Direction ceases to have effect as if repealed by another instrument 12 months after it commences.

4               Application

This Direction applies only to the relevant spectrum.

5               Interpretation

In this Direction:

2.5 GHz band means the following spectrum:

(a)   from 2500 MHz up to and including 2570 MHz; and

(b)  from 2620 MHz up to and including to 2690 MHz. 

700 MHz band means the following spectrum:

(a)   from 703 MHz up to and including 748 MHz; and

(b)   from 758 MHz up to and including 803 MHz.

$/MHz/Pop means the unit amount where:

(a)    $ = Australian dollars;

(b)       MHz = the bandwidth of spectrum authorised for use in the Geographic Area; and

(c)        Pop = the projected population of a Geographic Area, having regard to the population data made available by the Australian Bureau of Statistics, for the approximate time of the auction of the relevant spectrum in accordance with the Allocation Procedures.

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

Allocation Procedures means the procedures to be determined by the ACMA for allocating the relevant spectrum in accordance with section 60 of the Act.

Geographic Area means the area or aggregate of areas within which operation of radiocommunications devices is authorised by a spectrum licence in relation to the relevant spectrum.

relevant spectrum means the parts of the spectrum referred to in the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011 and the Radiocommunications (Spectrum Re-allocation) Declaration No. 2 of 2011. 

6               Direction

(1)    I direct the ACMA that the auction for the allocation of the relevant spectrum is to commence by no later than 30 April 2013.

NOTE: The ACMA was directed by the Minister on 19 November 2012 to offer the relevant spectrum for allocation by way of auction.

(2)   I direct the ACMA that:

(a)     it must set as the reserve price an amount of $1.36/MHz/Pop for lots in the 700 MHz band; and

(b)      it must set the reserve price for lots in the 2.5 GHz band.

NOTE: The ACMA was directed by the Minister on 19 November 2012 to provide in the Allocation Procedures for the ACMA to set the reserve prices.