Document ID: chunk:federal_register_of_legislation:F2016L01970:reg:70:p2
Version: federal_register_of_legislation:F2016L01970
Segment Type: reg
Provision Reference: reg 70 (pt 2/2)
Character Range: 78600–80657

only the 10 MHz lot to either of the affiliated winning bidders would exceed the allocation limits – which of the bidders is to be issued a spectrum licence for the 5 MHz lot;
 (b) in any other case – which of the bidders is to be issued a spectrum licence for the 10 MHz lot.
 (4) The direction must be given jointly by the affiliated winning bidders and must be given to the ACMA within 5 working days after the bidders received notification under subsection 69(1).
 (5) Subject to the Act and this instrument, the ACMA must issue a spectrum licence in accordance with that direction, and must not issue a spectrum licence for the other lot to either of the affiliated winning bidders.
 (6) Subject to subsection (9), if the ACMA does not receive a direction within 5 working days, the ACMA may choose at its discretion:
 (a) if issuing a spectrum licence for only the 10 MHz lot to either of the affiliated winning bidders would exceed the allocation limits – which of those bidders is to be issued a spectrum licence for the 5 MHz lot;
 (b) in any other case – which of those bidders is to be issued a spectrum licence for the 10 MHz lot.
 (7) The ACMA must give written notice to the affiliated winning bidders of its decision under subsection (6).
 (8) Subject to the Act and this instrument, the ACMA must issue a spectrum licence in accordance with its decision under subsection (6), and must not issue a spectrum licence for the other lot to either of the affiliated winning bidders.
 (9) If issuing a spectrum licence for the 5 MHz lot to either of the affiliated winning bidders would exceed the allocation limits, the ACMA must not issue any spectrum licences to those bidders.
Note: If issuing a spectrum licence for the 5 MHz lot to either of the bidders would exceed the allocation limits, then issuing a spectrum licence for the 10 MHz lot, or for both the 5 MHz and 10 MHz lots, would exceed the allocation limits.
 (10) If the ACMA must not issue a spectrum licence for a lot to a bidder under this section, section 80 applies to that lot.