77CRenewal of spectrum licences

#### 77C Renewal of spectrum licences (1) When an application is made for the renewal of a spectrum licence, the ACMA may, without following the procedures determined under section 60, renew the licence by issuing to the applicant a new spectrum licence. (2) Subsection (1) does not imply that the ACMA must renew the licence without the applicant: (a) paying to the ACMA the spectrum access charge for issuing the new spectrum licence; or (b) reaching an agreement with the ACMA for payment of that spectrum access charge. (3) The ACMA must not renew the licence if the licence included a renewal statement to the effect that the licence cannot be renewed. (4) If the licence included a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA must not renew the licence unless the ACMA is satisfied that the specified circumstances exist. (5) The ACMA must not renew the licence by issuing a new spectrum licence that specifies a period for the purposes of subsection 65(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so. (6) If the licence included a public interest statement, the ACMA must not renew the licence unless the ACMA is satisfied that it is in the public interest to do so. (7) In deciding whether to renew the licence, the ACMA must have regard to: (a) all matters that it considers relevant; and (b) without limiting paragraph (a), the effect on radiocommunications of the proposed operation of the radiocommunications devices that would be authorised under the new spectrum licence. (8) In deciding whether to renew the licence, the ACMA may have regard to the following matters: (a) whether the applicant has an outstanding liability to pay an amount of: (i) apparatus licence tax; or (ii) spectrum licence tax; or (iii) spectrum access charge; or (iv) interim tax; (b) whether the applicant has contravened a condition of the licence; (c) whether the following conditions are satisfied: (i) a person authorised by the applicant under section 68 in relation to the licence has contravened a condition of the licence; (ii) the applicant was aware, or ought reasonably to have been aware, of the contravention; (iii) the applicant failed to take reasonable steps to prevent the contravention; (d) whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307). (9) The new spectrum licence comes into force, or is taken to have come into force, immediately after the expiration of the licence that it replaces. (10) The conditions of the new spectrum licence need not be the same as those of the licence that it replaces.