Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p15
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 35553–38223

of the power of attorney with the deed.

 (6) If a deed of financial security is given to the ACMA by email or fax before the eligibility deadline, the original deed must be received by the ACMA no later than 3 working days after the eligibility deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.

 (7) An applicant is taken to have withdrawn the application if:
 (a) the applicant fails to make an eligibility payment or give a deed of financial security before the eligibility deadline; or
 (b) the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (4).
Division 6 Withdrawal

4.17 Withdrawal of applicant

 (1) An applicant may withdraw from the auction before the eligibility deadline, by giving the ACMA notice in writing.

 (2) If an applicant who withdraws under subsection (1) or who is taken to have withdrawn under another section of this Determination has made an eligibility payment under section 4.16, the ACMA must refund the payment.

 (3) An applicant may not withdraw after the eligibility deadline.

 (4) An applicant must not be re-admitted to the auction after withdrawing.

Part 5 Allocation for a pre‑determined price

Overview of Part 5

This Part outlines the pre-determined price procedures for allocation of spectrum licences without an auction.

This Part also sets out what happens if an offer for a spectrum licence at a pre-determined price is not accepted, the allocation process is terminated or full payment is not made for a spectrum licence.
An eligibility payment made by an applicant is deducted from the total of the pre-determined prices to be paid for the spectrum licences accepted by the applicant.
A spectrum licence is issued once the full balance of the pre-determined price for all spectrum licences has been paid.

5.1 Allocation for a pre‑determined price without an auction

 (1) If, before the auction manager sets the start date and time for the first and second rounds of the auction under section 6.7, the ACMA considers that it may be able to allocate spectrum licences for lots without having to conduct an auction to identify the highest value user for the spectrum represented by those lots, the ACMA may offer to allocate spectrum licences for the lots for a pre‑determined price, as set out in this Part.

 (2) The offer of 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