Document ID: chunk:federal_register_of_legislation:F2017L01255:clause:4_8
Version: federal_register_of_legislation:F2017L01255
Segment Type: clause
Provision Reference: sch 4 cl 8
Character Range: 132861–133844

8  Earlier allocation of spectrum licence
 (1) This clause applies in relation to a post-auction application for a spectrum licence (the relevant application) if:
 (a) the application is for a licence for one or more lots to which this Schedule applies (the relevant lots); and
 (b) the ACMA has already allocated a spectrum licence for one or more of the relevant lots (the allocated lots) to another person.
 (2) The ACMA must not allocate a spectrum licence for the allocated lots to the post-auction applicant that made the relevant application.
 (3) Unless each relevant lot is also an allocated lot, the ACMA must exercise its powers and perform its functions under clauses 7, 9, 10 and 11 as if the relevant application was for the relevant lots other than the allocated lots.
 (4) If each relevant lot is also an allocated lot, the ACMA must notify the post-auction applicant for the relevant application that the ACMA cannot allocate the spectrum licence to the applicant.