Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 (No. 2) (Cth)
Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 (No.2)
The AUSTRALIAN COMMUNICATIONS AUTHORITY, under section 463 of the Telecommunications Act 1997, determines the following allocation system to be applied in allocating freephone and local rate numbers by a public auction.
Dated 14 July 2004
R HORTON
Chair
A HORSLEY
Deputy Chair
Australian Communications Authority
Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 (No.2) made under the Telecommunications Act 1997.
Contents
Page
Part 1Introduction........................................................................... 4
1.1Name of determination............................................. 4
1.2Commencement....................................................... 4
1.3Purpose and application of determination.................. 4
1.4 Definitions................................................................ 4
1.5Approval of forms.................................................... 6
1.6Auction manager...................................................... 7
1.7Ways in which the ACA gives information................ 7
1.8Method of payment of moneys to ACA.................... 7
Part 2Preparing for the Auction........................................................ 9
2.1Unique identifiers and fees........................................ 9
2.2Registration.............................................................. 9
2.3Allocation Applications.......................................... 10
2.4Valid applications................................................... 11
2.5Changes during the application period..................... 12
2.6Withdrawing application......................................... 12
2.7CSP ceases to be registered................................... 12
2.8Participation notice................................................. 13
2.9Effect of participation notice................................... 14
2.10Reserve prices and increments................................ 15
2.11Auction days.......................................................... 15
2.12Auction limits......................................................... 15
Part 3Auctions.............................................................................. 17
3.1Auction.................................................................. 17
3.2Period of auction.................................................... 17
3.3How to take part in the auction............................... 18
3.4Bidding.................................................................. 18
3.5Automatic re-bidding............................................. 19
3.6No withdrawal of bids............................................ 19
3.7Revocation or suspension of registration or participation in auction 20
3.8Suspension or cancellation of auction...................... 20
3.9Closing of auction.................................................. 22
3.10Successful bidder................................................... 22
Part 4After the Auction.................................................................. 23
4.1Eligible amount and successful applicant.................. 23
4.2Payment of eligible amount..................................... 23
4.3Entitlements after payment of eligible amount........... 23
4.4Default by successful bidder................................... 24
4.5Allocation of defaulted FLRN................................ 24
Part 5Miscellaneous...................................................................... 25
5.1Review of decisions............................................... 25
5.2Terms and conditions of use................................... 25
5.3Liability of ACA.................................................... 26
5.4Recovery of damages by ACA............................... 26
5.5ACA may obtain information from applicants.......... 26
5.6ACA may publish or release information................. 27
5.7Revocation............................................................ 27
5.8Savings.................................................................. 28
Part 1 Introduction
1.1Name of determination
This determination is the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 (No.2).
1.2Commencement
This determination commences on gazettal.
1.3Purpose and application of determination
(1) This determination sets out the procedures for allocating freephone and local rate numbers by an ascending bid auction.
(2) This determination does not apply to:
(a)the allocation of a number for emergency purposes, as set out in section 3.75T of the Numbering Plan; or
(b)the allocation of a number to a charity within the meaning of the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2004 (No.2).
NOTE: Allocation of numbers to charities is dealt with in the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2004 (No.2).
1.4 Definitions
(1) In this determination, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
ACA means the Australian Communications Authority continued in existence under section 14 of the Australian Communications Authority Act 1997.
Act means the Telecommunications Act 1997.
allocation application form means the document approved by the ACA under paragraph 1.5(1)(b).
auction means an auction held by the ACA in accordance with this determination to allocate a freephone or local rate number.
auction day means a day fixed by the ACA under section 2.11 as a day when an auction will take place.
auction manager means the person appointed under section 1.6.
auction system means the information technology system used by the ACA to facilitate the operation of the auction website.
auction website means the website containing Internet accessible information and services made available by the ACA to facilitate the auction process.
bank transfer, for a payment, means making the payment by electronic transfer.
CSP means a carriage service provider.
declared FLRN means a FLRN included in a declaration referred to in subsection 3.75D(1) of the Numbering Plan.
electronically means using guided and/or unguided electromagnetic energy, other than facsimile.
FLRN means a freephone or local rate number within the meaning of the Numbering Plan.
Numbering Plan means the Telecommunications Numbering Plan 1997.
participation notice means the document approved by the ACA under paragraph 1.5 (1) (c).
registration application form means the document approved by the ACA under paragraph 1.5(1)(a).
registered CSP means a CSP registered under section 3.44 of the Numbering Plan.
registered person means a person registered under section 2.2 or an eligible charity registered under section 2.2 of the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2004 (No.2).
rights of use means the rights set out in section 3.75E of the Numbering Plan
starting bid has the meaning given by subsection 3.4 (2).
successful bidder has the meaning given by section 3.10.
valid application has the meaning given by subsection 2.4 (1).
unique identifier has the meaning given by section 2.1.
working day means a day that is not a Saturday, a Sunday or a public holiday in Victoria.
(2) In this determination:
(a)a reference to time is a reference to that time in Victoria; and
(b)a reference to the time an act is done:
(i)for an act done using the auction system, is the time that the auction system records the act as being done; and
(ii)in any other case, is the time the ACA records the act as being done.
(c)a reference to an amount of money is a reference to that amount in Australian currency.
(3) If an amount worked out in accordance with this determination is not a whole number:
(a)the number is to be rounded to the nearest whole number; and
(b)a number with 5 in the first decimal place is to be rounded up to the nearest whole number.
1.5Approval of forms
(1) The ACA must, in writing, approve the following documents:
(a)a registration application form; and
(b)an allocation application form; and
(c)a participation notice.
(2) The ACA may approve more than 1 form of a document.
1.6Auction manager
The ACA may, in writing, appoint a person (the auction manager) to manage an auction.
1.7Ways in which the ACA gives information
The ACA may give any information to a person under this determination:
(a)by placing the information on the auction website; or
(b)by facsimile; or
(c)electronically.
1.8Method of payment of moneys to ACA
(1)All payments to the ACA must be made in Australian currency.
(2)Unless otherwise provided in this determination, moneys due to the ACA under this determination:
(a)must be paid by the date required by this determination; and
(b)may be paid only by the means notified on the auction website.
(3) If a payment is required to be made by a specific date, and the relevant payment method has been notified on the auction website, it is sufficient if, by that date:
(a)the applicant gives the ACA a bank cheque for the amount of the payment; or
(b)if paying by bank transfer or electronic funds transfer, the applicant:
(i)does everything necessary to make the payment; and
(ii)gives the ACA evidence that the payment has been made.
(4) If bank transfers or electronic funds transfers are notified on the auction website, such payments must be paid into the ACA’s bank account, details of which must be notified by the ACA on the auction website.
(5) If bank transfers or electronic funds transfers are notified on the auction website, such payments must be received in the ACA’s bank account within 5 working days after the required date.
(6)For this determination, a payment is not made to the ACA unless the full amount of the payment, net of any bank fees or charges, and net of any Government duties or other imposts, is received by the ACA.
Part 2 Preparing for the Auction
2.1Unique identifiers and fees
(1) A unique identifier is:
(a)a username and password issued by the ACA; or
(b)an electronic certificate or signature issued by the ACA; or
(c)any other means of secure identification issued by the ACA for use by the recipient as a unique identifier.
(2) The ACA may at any time revoke a unique identifier and re-issue or replace it.
(3) If the ACA has not already done so under this determination or the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2004 (No.2), the ACA must:
(a)allot each registered CSP a unique identifier; and
(b)give the CSP details of its unique identifier.
(4) The ACA may set:
(a)the amount of the registration fee; and
(b)the amount of the application fee.
(5) The ACA must publish these amounts on the auction website.
2.2Registration
(1)A person interested in obtaining the rights of use in relation to a declared FLRN may apply to the ACA to be registered.
NOTE: The ACA may declare that specified FLRNs are only to be allocated by auction; see sections 3.39 and 3.75D of the Numbering Plan.
(2)The application must be made electronically, using the approved form and the auction website.
(3)After the registration fee (if any) has been paid and, if the ACA has not already given the registered person a unique identifier under this determination or the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2004 (No.2), the ACA must give the registered person a unique identifier.
(4)A registered person may change their contact details and their password (if any).
(5)A registered person is entitled to access the ACA’s auction website using their unique identifier.
(6)A CSP may apply and be registered under this section.
2.3Allocation Applications
(1) A registered person who wants to obtain the rights of use in relation to a declared FLRN under this determination must apply jointly to the ACA with a registered CSP for the FLRN to be allocated to the CSP.
NOTE: This determination does not apply to the allocation of declared FLRNs in emergency situations; see section 3.75T of the Numbering Plan.
(2) The application may be for a specific declared FLRN or for several declared FLRNs.
(3) The application must:
(a)be lodged by the CSP; and
(b)be made:
(i)electronically, using the approved form and the auction website; and
(ii)using the CSP’s unique identifier and the person’s unique identifier.
NOTE: Under the Numbering Plan, a FLRN must be applied for by a registered CSP and can only be allocated to a registered CSP.
(4) A CSP may apply for the rights of use in relation to a declared FLRN under this section. This is an application by a CSP as user.
(5) An application by a registered CSP as user does not need to be a joint application, but a CSP that is not a registered CSP must apply jointly with a registered CSP.
(6) The ACA may refuse an application if the registered person or the relevant CSP has not complied with or agreed to any terms and conditions notified under section 5.2.
2.4Valid applications
(1)An application becomes a valid application:
(a)if it was made in accordance with section 2.3; and
(b)after payment of the application fee (if required) is received by the ACA.
(2)The ACA will issue the registered person with a receipt that shows the date of the valid application and each number in the person’s valid application.
(3)A valid application:
(a)remains valid for 12 months from the date of the receipt (the application period); and
(b)entitles the registered person to start the auction process by giving the ACA a participation notice, as set out in section 2.8, at any time during the application period; and
(c)entitles a person to bid in an auction.
(4)A valid application ceases to be a valid application if:
(a)the application period has ended and the applicant has not given a valid participation notice for the FLRN in question; or
(b)the CSP withdraws the application under section 2.6.
2.5Changes during the application period
If during the application period a registered person wants to change the name in which they have made an application or the number for which they have made an application, the registered person must make a new application.
2.6Withdrawing application
(1) A CSP who was a joint applicant may withdraw the application at any time before a participation notice is given for a FLRN in the application.
NOTE: Any registered person with a valid application may give a participation notice in accordance with section 2.8.
(2)A registered person may, at any time before giving a participation notice for a particular FLRN, ask the CSP who was the joint applicant with the registered person to withdraw their joint application for that FLRN.
(3)The CSP must withdraw the application within 10 working days of being asked to do so.
(4)If a CSP withdraws an application:
(a)the application ceases to be a valid application; and
(b)if the registered person who was the joint applicant still wants to take part in the auction, the person must apply again under section 2.3 with a registered CSP.
2.7CSP ceases to be registered
(1)If a registered CSP who is a joint applicant ceases to be registered:
(a)before the registered person gives a first participation notice; or
(b)if the person did not give a participation notice – before making a bid for a FLRN in the application;
then
(c)the application is no longer a valid application; and
(d)the registered person must apply again under section 2.3 with a registered CSP.
(2)If a registered CSP who is a joint applicant ceases to be registered:
(a)after the registered person has given a first participation notice; or
(b)if the person did not give a participation notice – after the person makes a bid for a FLRN in the application;
then:
(c)the application will continue to be a valid application; and
(d)the registered person may make a bid or continue to bid.
(3) However, if a registered person is the successful bidder in the auction after bidding in accordance with subsection (2), the person must obtain another registered CSP within 14 days of the close of the auction.
(4) A failure to obtain another registered CSP within 14 days will constitute a default by the bidder in accordance with section 4.4.
2.8Participation notice
(1) A registered person with a valid application may give the ACA a participation notice for a FLRN listed in the application.
(2)A participation notice may be given at any time before the auction of the FLRN starts.
(3)The participation notice must:
(a)state the FLRN the person wants to obtain the rights of use for; and
(b)be lodged using the person’s unique identifier; and
(c)if the person wants their starting bid to be higher than the reserve price, state the amount of the starting bid; and
(d)be given electronically, using the approved form and the auction website.
(4)The person must give a separate participation notice for each FLRN applied for.
(5)A participation notice will be rejected if:
(a)the person’s application is no longer a valid application; or
(b)a participation notice has been given for the FLRN under the Telecommunications (Freephone and Local Rate Numbers - Charities) Allocation Determination 2004 (No.2); or
(c)the ACA has directed registered CSPs that the FLRN is only available for application for administrative allocation.
2.9Effect of participation notice
(1)If it is the first participation notice given for a FLRN, the notice:
(a)allows the person to bid in the auction for the FLRN listed in the notice; and
(b)subject to section 3.1, will start the auction for that number at the beginning of the next auction period; and
(c)once the auction starts, will constitute a first bid for the number at the reserve price or, if the person has stated in the participation notice the amount of their higher starting bid, at that higher amount.
(2)If a first participation notice has already been given for the FLRN, any subsequent participation notice is of no effect.
NOTE: A person who lodges a subsequent participation notice may still bid in the auction via section 3.4.
2.10Reserve prices and increments
(1)The ACA must from time to time set the reserve price and minimum bid increment that is to apply to each declared FLRN.
(2)The reserve price and minimum bid increment for a particular FLRN for an auction are the reserve price and minimum bid increment that were in place at the date when the first participation notice was given for the FLRN.
(3)The reserve prices and minimum bid increments must be notified on the auction website at least 10 working days before the start of the period in which they apply.
2.11Auction days
(1)The ACA must, from time to time:
(a)fix a day as the auction day; and
(b)notify this on the auction website at least 10 working days before the auction day.
NOTE: For example, the ACA may fix a particular day in each month.
2.12Auction limits
(1)The ACA may, from time to time:
(a)specify the maximum quantity of numbers that may be auctioned on a particular auction day; and
(b)notify this on the auction website at least 10 working days before the auction day from which the maximum quantity will apply.
Part 3 Auctions
3.1Auction
(1)If a first participation notice is given for a FLRN, the auction of the FLRN is to be held on the next auction day that is at least 10 working days after the date the participation notice was given.
NOTE: For giving a participation notice, see sections 2.8 and 2.9.
(2)If the maximum quantity of numbers for auction on a particular auction day set under section 2.12 has already been reached, the ACA may:
(a)auction the FLRN on the next auction day; or
(b)fix another auction day for auctioning the remaining FLRNs; and
(c)notify this on the auction website 3 working days before the first auction day.
3.2Period of auction
(1) An auction starts at 11 am on the auction day set under section 3.1.
(2) The auction closes at 4 pm on the auction day unless a bid is made after 3 pm on the auction day.
(3) If a bid is made after 3 pm on the auction day, the auction will end for the day at 4 pm and continue at 11 am on the next working day (Day 2).
If a bid is placed after 3 pm on Day 2, the auction will end for the day at 4 pm and continue at 11am on the next working day.
This process is to continue until the auction closes under subsection (6).
(6) If an auction continues as set out in subsections (3), (4) and (5), the auction will close at 4 pm or on the next hour that is at least one full hour since the last bid, whichever is the earlier.
(7) The period from 11 am on the auction day until the closure of the auction is the auction period.
(8) Bidding can take place between the hours of 11 am and 4 pm during the auction period.
EXAMPLE: An auction starts at 11 am on auction day. The auction will run until 4 pm on that day, unless a bid is made after 3 pm on that day. If a bid is placed after 3 pm, the auction will continue at 11 am on the next working day (Day 2), and, unless a bid is placed before 12 noon, the auction will close at 12 noon on Day 2. If a bid is placed between 11 am and 12 noon on Day 2, the auction continues to run until the next full chronological hour (eg 1.00 pm, 2.00 pm, 3.00 pm) that is at least 60 minutes after the last valid bid. If a bid is made after 3 pm, the auction ends for the day at 4 pm and continues at 11 am on the next working day. This cycle will continue until a winning bid is determined.
3.3How to take part in the auction
All bidding at an auction is to be done electronically using the auction website.
3.4Bidding
(1) A registered person with a valid application may make a bid for a FLRN listed in the application, whether or not they have given a participation notice.
(2) A starting bid must be:
(a)an amount equal to the reserve price; or
(b)if the bidder stated a higher amount in their participation notice, that higher amount.
(3) A bid for a FLRN must:
(a)be made using the person’s unique identifier; and
(b)for a bid after the starting bid, be at least 1 minimum bid increment above the existing highest bid.
(4)A bid that does not comply with these requirements is of no effect.
3.5Automatic re-bidding
(1) The ACA may make provision on the auction website for a person who is entitled to bid in an auction to make automatic re-bids in that auction, via the auction website.
(2) If this is done, a bidder may make automatic re-bids using the auction website.
(3)The bidder must tell the ACA:
(a)that the bidder wants to make automatic re-bids; and
(b)the maximum amount the bidder is prepared to bid to (the maximum bid amount).
(4)Each automatic re-bid will be 1 minimum bid increment above the existing highest bid.
(5)A bidder’s automatic re-bids cease if the amount of the next automatic bid would exceed the bidder’s maximum bid amount.
3.6No withdrawal of bids
A bidder may not withdraw a bid.
3.7Revocation or suspension of registration or participation in auction
(1) The ACA may suspend a registered person’s registration or exclude a bidder from participating in an auction if the registered person has been the successful bidder at another auction but is in default of the payment of the eligible amount.
(2) The ACA may revoke a registered person’s registration or exclude a bidder from participating in an auction if the registered person has made a false statement to the ACA within the meaning of subsection 136(1) of the Criminal Code Act 1995 in:
(a)the registered person’s application for registration; or
(b)the registered person’s joint application for allocation; or
(c)the registered person’s participation notice.
(3)Where the ACA is reasonably satisfied in all the circumstances that a person is likely to engage in conduct that is prejudicial to the efficient and fair operation of the auction process, the ACA may exclude that person from participation in any or all future auctions.
(4)The ACA must tell the person the reason for the suspension, revocation or exclusion.
3.8Suspension or cancellation of auction
(1) The ACA may suspend or cancel an auction:
(a)if it has excluded or suspended a person from participating in an auction; or
(b)because of a technical failure in the auction website or auction system; or
(c)because of an event beyond the control of the ACA; or
(d)to give the ACA time to investigate an irregularity in the auction; or
(e)if the ACA is satisfied that in the circumstances it is appropriate to do so.
(2)If the auction is suspended due to the exclusion or suspension of a person, the auction may resume at the point immediately prior to the excluded or suspended person’s first bid.
(3)If the auction is suspended because of a technical failure in the auction website:
(a)the auction may resume when the technical failure is fixed; and
(b)the auction is to continue from the last valid bid recorded in the auction system.
(4)If the auction is suspended, the ACA may:
(a)resume the auction from the last valid bid; or
(b)cancel the auction.
(5)The auction must not resume until at least one full working day has elapsed since the ACA has told all participants of the date and time when the auction is to resume.
(6)If the ACA resumes the auction from the last valid bid, and no further bids are made, the registered person who made the last valid bid recorded in the auction system prior to the suspension (the provisional high-bidder) will have the option to either:
(a)confirm their bid; or
(b)apply to the ACA for a cancellation of the auction.
(7)An application for cancellation of an auction under subsection 3.8(6) must be accompanied by written reasons for the request.
(8)If the provisional high bidder applies for a cancellation of the auction and provides written reasons, the ACA may, after consideration of all the circumstances, cancel the auction.
(9)If the auction is cancelled, the ACA may make the FLRN again available for allocation by auction.
3.9Closing of auction
(1)The ACA may, on giving 2 working days notification on the auction website, close an auction of a FLRN at a particular time.
(2)If an auction is not closed under (1), the auction of a FLRN closes at the time specified in subsections 3.2(3) or (6).
(3)The ACA must notify the closure on the auction website.
(4)No bids will be accepted after the auction has closed.
3.10Successful bidder
The bidder who is the highest bidder for the FLRN at the close of the auction is the successful bidder for the FLRN.
Part 4 After the Auction
4.1Eligible amount and successful applicant
For the purposes of subsection 463(6) of the Act:
(a)the CSP who was the joint applicant with the successful bidder at an auction of a FLRN is the successful applicant for the allocation of the FLRN; and
(b)the amount of the highest bid in an auction for a FLRN is taken to be the eligible amount in relation to the allocation of the FLRN.
NOTE: Section 463 requires the successful applicant for the allocation of a FLRN, and the eligible amount in relation to that FLRN, to be determined by reference to the results of the auction.
4.2Payment of eligible amount
(1) The successful bidder must pay the eligible amount to the ACA on behalf of the CSP within 14 days of the close of the auction.
(2) The amount must be paid in accordance with section 1.8.
4.3Entitlements after payment of eligible amount
After the eligible amount has been paid to the ACA:
(a)the registered CSP who was the joint applicant with the successful bidder or who has been obtained by the successful bidder pursuant to subsection 2.7(3) must be allocated the FLRN in accordance with section 3.75E of the Numbering Plan; and
(b)the successful bidder has the right to be issued the FLRN in accordance with section 3.75G of the Numbering Plan; and
(c)the CSP has the right to have the FLRN surrendered if the CSP indicated in the application that the CSP wanted the FLRN to be surrendered; and
(d)the successful bidder acquires the rights of use in accordance with section 3.75E of the Numbering Plan.
NOTES: 1. Sections 3.75A – 3.75T of the Numbering Plan deal with the allocation, issue and surrender of FLRNs.
2. As well as the rights of use attached to all FLRNs, the additional rights of use attached to auctioned FLRNs are set out in section 3.75E of the Numbering Plan.
4.4Default by successful bidder
(1)If the successful bidder for a FLRN does not pay the eligible amount as required by section 4.2 or find another registered CSP as required by subsection 2.7(3):
(a)the bidder will not be entitled to the rights of use in relation to the FLRN; and
(b)the bidder’s CSP will not be entitled to the allocation of the FLRN; and
(c)the FLRN will be regarded as a defaulted FLRN and the bidder will be taken to be in default of its financial obligations to the ACA under this determination.
(2) The eligible amount is a debt due to the Commonwealth and is recoverable by the ACA from the bidder in any court of competent jurisdiction.
4.5Allocation of defaulted FLRN
The ACA will treat a defaulted FLRN as unallocated and may:
(a)make it available for auction again; or
(b)allocate it in another way.
NOTE: The Act provides for allocation in accordance with a determination under section 463 or in another way – see section 457.
Part 5 Miscellaneous
5.1Review of decisions
(1)Application may be made to the Administrative Appeals Tribunal for review of a decision of the ACA made under section 3.7 or 3.8.
(2)If the ACA makes a decision mentioned in subsection (1), the ACA must give electronic notice of the decision to a person whose interests it affects.
(3)The notice must include a statement to the effect that:
(a)subject to the Administrative Appeals Tribunal Act 1975, a person dissatisfied with the decision may apply to the Tribunal for a review of the decision; and
(b)the person may request a statement under section 28 of that Act in relation to the decision.
5.2 Terms and conditions of use
(1)Subject to subsection (3), the ACA may notify on the auction website terms and conditions related to:
(a)use of the auction website; and
(b)registration; and
(c)application; and
(d)participation in the auction process; and
(e)the payment of monies; and
(f)the publication of the information set out in section 5.6; and
(g)the use of numbers allocated as the result of the auction process; and
(h)any other matter that the ACA considers appropriate for the operation of the auction system.
(2)The ACA may require persons to agree to any such terms and conditions prior to use of the auction website or the registration or application processes.
(3)The terms and conditions notified under subsection (1) must not be inconsistent with any provision in this determination, the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2004 (No.2), or the Numbering Plan.
5.3Liability of ACA
The ACA is not liable to pay damages or costs arising from an act or omission of any person in relation to the auction process set out in this determination.
5.4Recovery of damages by ACA
This determination is without prejudice to any right of action or remedy which the ACA has or may have against any person which arose or arises under statute, common law, equity or otherwise.
5.5ACA may obtain information from applicants
(1) This clause applies to an applicant if the ACA has reason to believe that the applicant has information or documents that are relevant to the performance of any of the ACA’s functions under this determination.
(2) The ACA may, by written notice to an applicant, require the applicant to give the ACA that information and those documents, within the period and in the manner and form specified in the notice.
(3) An applicant must comply with a requirement under
subsection (2).
5.6ACA may publish or release information
(1) The ACA may publish or release information which pertains to the auction process on the auction website or elsewhere.
(2) The information which may be published ore released includes, but is not limited to, the following:
(a)the personal details of any person participating in the auction process, including registered persons, applicants and bidders;
(b)the amount of any bid;
(c)the time any bid is placed; and
(d)the time and manner of payment of the eligible amount.
5.7Revocation
The Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2003 and the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 are revoked.
5.8Savings
In this section:
old determination means the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2003 or the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004.
In spite of the repeal of the old determinations:
(a)a form approved by the ACA under section 1.5 of an old determination is taken to have been approved under section 1.5 of this determination; and
(b)a unique identifier:
(i) issued, revoked, reissued or replaced; or
(ii) allotted to a CSP or a registered person;
under section 2.1 or 2.2 of an old determination is taken to have been issued, revoked, reissued, replaced or allotted under section 2.1 or 2.2 of this determination; and
(c)a fee published on the auction website under section 2.1 of an old determination is taken to have been published under section 2.1 of this determination; and
(d)an application for registration, or a registration, under section 2.2 of an old determination is taken to be an application, or a registration, under section 2.2 of this determination; and
(e)a reserve price, or a minimum bid increment, set and notified under section 2.10 of an old determination is taken to have been set under section 2.10 of this determination, and notified under that section 10 days before the period in which it applies; and
(f)the notification of terms and conditions of use on the auction website under section 5.2 of an old determination is taken to have been done under section 5.2 of this determination.
______________________
0
0
0