Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p17
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 40437–43213

section 5.6 applies.

 (5) The ACMA must, in writing, notify each applicant about each applicant's entitlement under subsection (4).

Note   For the issue of spectrum licences, see section 62 of the Act.

5.5 Payment of full balance of pre‑determined price

 (1) The ACMA must notify each applicant by registered mail of the full balance of the pre-determined price payable by the applicant for all spectrum licences that the applicant is entitled to.

 (2) The full balance of the pre‑determined price for all spectrum licences is payable:
 (a) within 10 working days of the date of the notice sent by the ACMA to the applicant; and
 (b) in accordance with section 1.7.

5.6 Allocation if some offers refused

  If an applicant does not accept, in accordance with subsection 5.4 (3), a spectrum licence that has been offered to it, the ACMA may:
 (a) withdraw offers for spectrum licences for all lots covered by the licences offered and terminate the allocation process under this Part; or
 (b) allocate all those lots by auction or otherwise under this Determination; or
 (c) allocate spectrum licences under subsection 5.4 (4) to the applicants who have accepted the offered licences and, for lots covered by licences that were not accepted:
 (i) allocate those lots by auction or otherwise, in accordance with this Determination; or
 (ii) withdraw those lots from allocation and allocate the spectrum covered by those lots at a later date.

5.7 Refunds if allocation process terminated

  If the ACMA terminates the allocation process under paragraph 5.6 (a), the eligibility payments of all applicants are refundable.

5.8 Default

  If an applicant does not pay the full balance of the pre‑determined price for all spectrum licences in accordance with subsection 5.5 (2):
 (a) the applicant ceases to be entitled to be allocated the spectrum licence or licences; and
 (b) the allocation of spectrum licences under this Part to other applicants is not affected; and
 (c) the lots included in the spectrum licence or licences are taken to be unallocated spectrum under section 8.1.

Note   The ACMA, on behalf of the Commonwealth, may retain an eligibility payment made by an applicant, or enforce a deed of financial security given by an applicant, in accordance with section 8.6.

5.9 Publication of results

  The ACMA must announce or publish the following information about the allocation process after the ACMA has notified applicants about their entitlements under subsection 5.4 (5):
 (a) the names of the persons to whom spectrum licences are to be issued;
 (b) the spectrum allocated to each person;
 (c) the pre-determined price for each spectrum licence to be issued to each person;
 (d) the total sum paid, or to be paid, by each person (being the total