Commonwealth of Australia

Australian Communications and Media Authority Act 2005

Australian Communications and Media Authority (Allocation Procedures – Reserve Prices) Direction No. 1 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 19 November 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. 1 of 2012.   

2               Commencement

This Direction commences on the day it is made.

3               Application

This Direction applies only to the relevant spectrum.

4               Cessation

This Direction ceases to have effect as if repealed by another instrument 12 months after it commences.

5               Interpretation

In this Direction:

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.

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 it must offer the relevant spectrum for allocation by way of auction.

(2)   I direct the ACMA that the Allocation Procedures must:

(a)                deal with reserve prices for the auction; and

(b)               provide for the ACMA to set the reserve prices.

(3)   I direct the ACMA that it must not set the reserve prices in accordance with its Allocation Procedures until the earlier of:

(a)               the day after the Minister gives a further direction to the ACMA in relation to reserve prices for the relevant spectrum; or

(b)              sixty days after the ACMA publishes a notice that:

(i)                 specifies the relevant spectrum is to be auctioned;

(ii)               invites persons to apply to the ACMA to take part in the auction; and

(iii)            states the date and time before which applications must be received by the ACMA and the application fee must be paid to the ACMA on behalf of the Commonwealth.

(4)   For the avoidance of doubt, nothing in this Direction prevents the ACMA from considering other relevant matters in making its Allocation Procedures.