Document ID: chunk:federal_register_of_legislation:F2016L01970:reg:44:p1
Version: federal_register_of_legislation:F2016L01970
Segment Type: reg
Provision Reference: reg 44 (pt 1/2)
Character Range: 52509–55144

44  Offer of spectrum licence and decision on pre-determined price
 (1) If the ACMA considers under subsection 41(1) that it may allocate a spectrum licence for lots to an applicant without having to conduct an auction, the ACMA may offer the applicant a spectrum licence for the lots to be included in that licence.
 (2) The ACMA will send the applicant, by registered mail:
 (a) a draft of the spectrum licence; and
 (b) a notice stating:
 (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and
 (ii) the amount of the upfront pre-determined price for the licence offered to the applicant; and
 (iii) the amount of the delayed pre-determined price for the licence offered to the applicant; and
 (iv) the amount of any deposit paid by the applicant and held by the ACMA or the Commonwealth; and
 (v) the balance of the upfront pre-determined price.
 (3) An applicant who wishes to accept the ACMA's offer must do so by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, either:
 (a) to pay the balance of the upfront pre-determined price for the spectrum licence in accordance with section 45; or
 (b) to pay the delayed pre-determined price for the spectrum licence in accordance with section 46.
Note: The delayed pre-determined price for a spectrum licence is the sum of the deposit paid (if any) in addition to the first instalment, the second instalment and the third instalment.  If a deposit has been paid, the amount of the deposit reduces the amount of the first instalment.
 (4) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the upfront pre-determined price for the spectrum licence in accordance with section 45, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the upfront pre-determined price in accordance with section 45.
 (5) Subject to subsection (6), if an applicant accepts the offer of the spectrum licence and agrees to pay the delayed pre-determined price for the spectrum licence in accordance with section 46, the applicant is entitled to be issued the spectrum licence offered to it on payment of the first instalment in accordance with section 46.
Note 1: If an applicant does not accept the offer of a spectrum licence, section 47 applies.
Note 2: For the issue of spectrum licences, see section 62 of the Act.
 (6) If an applicant accepts the offer of the spectrum licence and agrees to pay the delayed pre-determined price for the spectrum licence in accordance with section 46, the applicant is not entitled