Document ID: chunk:federal_register_of_legislation:F2016L01970:reg:37:p2
Version: federal_register_of_legislation:F2016L01970
Segment Type: reg
Provision Reference: reg 37 (pt 2/2)
Character Range: 43124–44428

in the auction is restricted by the allocation limits.  In particular, the applicant's ability to nominate preferred lots in the auction may be restricted as a result of the application of the allocation limits to the lots to be auctioned under this instrument and the spectrum licences allocated under the previous allocation determination.
Note 2: As a result of the allocation limits, if this subsection prevents an applicant from nominating the 5 MHz lot as one of its preferred lots, subsection (3) will prevent the applicant from nominating the 10 MHz lot and, as a result, both subsections have the effect of preventing the applicant from being allocated a spectrum licence under this instrument, and subsection (6) provides that the applicant is taken to have withdrawn its application.
 (5) An applicant may change the preferred lots nominated by giving the ACMA a new completed preference nomination form at any time until the preference deadline, but not after the deadline.
 (6) If:
 (a) an applicant does not nominate its preferred lots by the preference deadline; or
 (b) subsection (4) applies to an applicant;
  the applicant is taken to have withdrawn its application.
 (7) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (6).