Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p23
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 55320–57917

A frequency range can be assigned to a bidder under this section from any of the frequency ranges of the lots won at auction by any of the affiliated bidders.

 (6) Spectrum in excess of the allocation limits that is not allocated under subsection (2) or (4) is taken to be unallocated spectrum under section 8.1.

 (7) A winning bidder must pay the full balance of the winning price for all lots won by the bidder at auction, despite receiving a smaller allocation as a result of this section.

Division 2 Payment and issue of spectrum licences

7.6 Balance of winning price

 (1) For a winning bidder, the balance of the winning price is worked out as follows:
         (a)        the ACMA will add up the highest final bids made by the winning bidder for the lots won by the bidder at auction;
         (b)        the ACMA will add up the amount of the bid withdrawal penalties imposed on the bidder under clause 18 in Schedule 1;
         (c)        the ACMA will add the total of the highest final bids and the total of the bid withdrawal penalties;
         (d)        the ACMA will deduct the applicant's eligibility payment from this total.
      (2) The amount remaining is the balance of the winning price.

7.7 Sufficient eligibility payment—issue of spectrum licence without further payment

 (1) If the balance of the winning price for a winning bidder is an amount less than zero:
 (a) the ACMA must refund the eligibility payment in excess of:
             (i) the total of the highest final bids for the lots won by the bidder at auction; and
              (ii) the total of the bid withdrawal penalties imposed on the bidder under clause 18 in Schedule 1; and
 (b) the bidder is entitled to be issued a spectrum licence for each part of the spectrum allocated to the bidder without further payment.

 (2) If the balance of the winning price for a winning bidder is zero, the bidder is entitled to be issued a spectrum licence for each part of the spectrum allocated to the bidder without further payment.

7.8 Payment of balance of winning price

 (1) If the balance of the winning price for a winning bidder is an amount greater than zero, the ACMA must notify the bidder by registered mail of the balance.

 (2) The balance of the winning price must be paid by the winning bidder to the ACMA on behalf of the Commonwealth no later than 20 working days after the date of the notice.

Note   For information on how the balance of the winning price must be paid, see section 1.7.

 (3) If the ACMA becomes aware that a notice under subsection (1) contains a material error, the