(1) This section applies if a spectrum re - allocation declaration states that a part or parts of the spectrum should be re - allocated:
(a) by issuing apparatus licences; or
(b) by a combination of:
(i) issuing spectrum licences; and
(ii) issuing apparatus licences.
(2) The apparatus licences must be issued under Division 2 of Part 3.3 in accordance with a price - based allocation system determined under section 106.