Competition limits for ACMA multiband spectrum auction

On 2 August 2017, the Australian Communications and Media Authority (ACMA) issued a discussion paper on its proposals to auction a number of lots in the 1800MHz, 2GHz, 2.3GHz and 3.4GHz spectrum bands, which it referred to as "multiband residual lots". ACMA sought views, by 25 August 2017, on both the way in which ACMA proposes to configure the spectrum for the auction and the auction rules and methodology. It is proposed that these lots will be auctioned before the end of 2017.

As noted in our article on that consultation process (see here), an outstanding issue for the proposed auction of the multiband residual lots was whether ACMA, as directed by the Minister for Communications under section 60(10) of the Radiocommunications Act 1992 (Cth), would impose competition limits on the spectrum licences that could be acquired by one entity or group. The Minister sought the advice of the Australian Competition and Consumer Commission (ACCC) on this issue. The ACCC