Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p16
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 37978–40694

a spectrum licence will be conditional on payment of the pre‑determined price.

5.2 ACMA must have regard to applicants' requirements

  In identifying lots for subsection 5.1 (1) and in deciding for subsection 5.4 (1) whether it may be able to allocate spectrum licences without an auction, the ACMA must only have regard to:
 (a) the applicants' indications, in their eligibility nomination forms, of the lots they require; and
 (b) such other information about the lots they require that applicants may provide to the ACMA.

5.3 The pre‑determined price

 (1) The pre‑determined price for a spectrum licence is worked out as follows:
 (a) the ACMA will identify each lot to be included in the spectrum licence;
 (b) the ACMA will add up the starting prices for each lot.

Note   The starting price is set by the ACMA under section 4.6.

 (2) The balance of the pre‑determined price for a spectrum licence is the pre‑determined price less the amount of any eligibility payment made by the applicant.

5.4 Offer of spectrum licence

 (1) The ACMA will offer each applicant a spectrum licence or licences for the lots identified under paragraph 5.3 (1) (a).

 (2) The ACMA will send each applicant, by registered mail:
 (a) a draft of the spectrum licence or licences; and
 (b) a notice stating:
 (i) that the applicant is offered a spectrum licence or licences for the lots identified under paragraph 5.3 (1) (a); and
 (ii) the amount of the pre‑determined price payable for each spectrum licence and the total of the pre‑determined prices; and
 (iii) the amount of any eligibility payment made by the applicant and held by the ACMA; and
 (iv) the full balance of the pre‑determined price payable for all spectrum licences; and
 (v) that the offer is conditional on each other applicant accepting the spectrum licence or licences offered to it.

 (3) An applicant who wishes to accept the ACMA's offer must do so by notifying the ACMA in writing within 7 working days of receiving the offer and agreeing, in writing, to pay the full balance of the pre‑determined price for all spectrum licences.

 (4) If every applicant accepts the spectrum licence or licences offered to it, each applicant is entitled to be issued the spectrum licence or licences offered to it on payment of the full balance of the pre‑determined price for all spectrum licences in accordance with section 1.7.

Note   If an applicant does not accept a spectrum licence offered to it, 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