Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995
Part 4CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS A LONE APPLICANT
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PART 4—CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS A LONE APPLICANT
Notification of lone applicant
(1) If the SMA registers only 1 person as an applicant for licences in an area, the SMA must, as soon as practicable after the closing day, give the applicant a Licence Contract for each licence in the relevant area.
(2) If a person becomes a lone applicant in accordance with subclause 21 (8), or is to be treated as a lone applicant in accordance with subclause 24 (7), the SMA must, as soon as practicable after the person becomes a lone applicant, give the person a Licence Contract for each licence in the relevant area.
Nomination of licences by lone applicant
(1) A lone applicant who has been given a Licence Contract:
(a) may give the SMA a completed Licence Contract for each licence with which the lone applicant wishes to be issued; and
(b) must give the SMA a bank cheque, in Australian currency, for the total amount of the reserve prices for the licences with which the lone applicant wishes to be issued.
(2) Subject to clauses 15 and 16, the lone applicant must give the completed Licence Contract, and the cheque, to the SMA no later than:
(a) 4 p.m. Australian Eastern Standard Time 14 days after the day on which the applicant was given the Licence Contract; or
(b) if the SMA nominates a time and day under subclause (3)—that time.
(a) may, at any time before the time referred to in paragraph (2) (a), set a time, on a day later than the day referred to in paragraph (2) (a), as the time by which a lone applicant must:
(i) give to the SMA a completed Licence Contract for each licence with which the lone applicant wishes to be issued; or
(ii) give to the SMA the cheque referred to in paragraph (1) (b); and
(b) must, as soon as practicable after setting a time, tell the lone applicant, in writing, of the time that the SMA has set.
Note: [NOTE: Clause 16 sets out the immediate consequences for the lone applicant’s application if the applicant does not meet the time limits referred to in clause 14. Clause 27 sets out other possible consequences if the applicant does not meet the time limits.]
Arrangements if lone applicant’s cheque is insufficient
(1) Subclauses (2) and (3) apply if:
(a) a lone applicant gives the SMA one or more Licence Contracts; and
(b) the lone applicant gives the SMA a cheque under paragraph 14 (1) (b) in relation to the Contract or Contracts; and
(c) the amount of the cheque is less than the total amount of the reserve prices determined for the licence or licences identified by the lone applicant in the Licence Contracts.
Part Part 4 - Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995 - CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS A LONE APPLICANT | Zoe
(2) The SMA must, no later than 14 days after the day on which the lone applicant gives the SMA the cheque, give the applicant a Notice of Unpaid Reserve Price.
(3) If the lone applicant wishes to pay the difference between the amount of the cheque and the total amount of the reserve prices, the lone applicant must pay the difference to the SMA, by bank cheque in Australian currency, no later than 7 days after the later of:
(a) the day on which the SMA gives the Notice of Unpaid Reserve Price to the lone applicant; and
(b) the day, referred to in subclause 14 (2), by which the lone applicant was required to give the first-mentioned cheque to the SMA .
Note: [NOTE: Clause 16 sets out the immediate consequences for the lone applicant’s application if the applicant does not pay the difference between the amount of the cheque and the total amount of the reserve prices. Clause 27 sets out other possible consequences if the applicant does not pay the difference.]
When does a lone applicant’s application cease to have effect?
(1) Without affecting the operation of clause 27, if:
(a) a lone applicant in relation to an area does not give the SMA a completed Licence Contract for any of the licences in the relevant area by the time referred to in paragraph 14 (2) (a); and
(b) the SMA does not set a time under paragraph 14 (3) (a) in relation to Licence Contracts for those licences;
the lone applicant’s application for licences in the area ceases to have effect from the time referred to in paragraph 14 (2) (a).
(2) Without affecting the operation of clause 27, if:
(a) the SMA sets a time under paragraph 14 (3) (a) in relation to Licence Contracts for licences in an area; and
(b) the lone applicant in relation to the area does not give the SMA a completed Licence Contract for any of the licences in the area by the time set by the SMA;
the lone applicant’s application for licences in the area ceases to have effect from that time.
(3) Without affecting the operation of clause 27, if:
(a) a lone applicant in relation to an area gives the SMA one or more Licence Contracts for licences in that area; and
(b) the lone applicant does not pay any of the amount referred to in paragraph 14 (1) (b) by the time referred to in paragraph 14 (2) (a); and
(c) the SMA does not set a time under paragraph 14 (3) (a) in relation to the payment of the amount;
the lone applicant’s applications for the licences to which the payment relates cease to have effect from the time referred to in paragraph 14 (2) (a).
(4) Without affecting the operation of clause 27, if:
(a) a lone applicant in relation to an area gives the SMA one or more Licence Contracts for licences in that area; and
(b) the SMA sets a time under paragraph 14 (3) (a) in relation to the payment by the lone applicant of the amount referred to in paragraph 14 (1) (b); and
(c) the lone applicant does not pay any of the amount by the time set by the SMA;
the lone applicant’s application for the licences to which the payment relates cease to have effect from that time.
(5) Without affecting the operation of clause 27, if:
(a) the SMA gives a lone applicant a Notice of Unpaid Reserve Price; and
(b) the lone applicant does not pay the total amount requested in the Notice of Unpaid Reserve Price by the time referred to in subclause 15 (3);
the lone applicant’s application ceases to have effect from that time.
(6) Without affecting the operation of clause 27, if:
(a) a lone applicant’s application for licences in an area ceases to have effect because the lone applicant does not comply with a requirement set out in clause 14 or 15; and
(b) the SMA is not satisfied that the person has a reasonable excuse for not complying with the requirement; and
(c) the person who was the lone applicant is, at the time that the application ceases to have effect, a lone applicant for licences in another area; and
(d) the time referred to in paragraph 14 (2) (a) or 14 (3) (a) (if applicable) in relation to the other area has not expired;
the person’s application for licences in the other area ceases to have effect.
(7) Without affecting the operation of clause 27, if:
(a) a lone applicant’s application for licences in an area ceases to have effect because the lone applicant does not comply with a requirement set out in clause 14 or 15; and
(b) the SMA is not satisfied that the person has a reasonable excuse for not complying with the requirement; and
(c) the person who was the lone applicant is, at the time that the application ceases to have effect, an applicant (other than a lone applicant) for licences in another area; and
(d) at the time that the application ceases to have effect, bids have not been invited for any of the licences in the other area;
the person’s application for licences in the other area ceases to have effect.
(8) If the SMA is not satisfied that a person who was a lone applicant has a reasonable excuse for not complying with a requirement set out in clause 14 or 15, the SMA must, as soon as practicable, tell the person:
(a) that the SMA is not satisfied that the person has a reasonable excuse; and
(b) the reason why the SMA is not satisfied.
(9) Without affecting the operation of clause 27, if a person’s application for licences in an area ceases to have effect because the SMA is not satisfied that the person has a reasonable excuse for not complying with a requirement set out in clause 14 or 15:
(a) the person is not permitted to apply for a licence for which applications are invited after the application ceased to have effect; and
(i) a licence in the area in relation to which the application ceased to have effect; or
(ii) a licence referred to in the Schedule for which applications are invited after the application ceased to have effect.
(10) If an application ceases to have effect under this clause:
(a) the SMA must, as soon as practicable after the application ceases to have effect, tell the person who made the application, in writing, that the person’s application ceases to have effect; and
(b) this Determination, other than clauses 27 and 35, ceases to apply to each licence to which the application relates from the time that the application ceases to have effect.
Note: [NOTE: Clause 27 sets out possible consequences if a lone applicant’s application ceases to have effect.]
When does a lone applicant become a nominated applicant?
If a lone applicant:
(a) returns to the SMA a completed Licence Contract by the time:
(i) referred to in paragraph 14 (2) (a); or
(ii) set by the SMA under subclause 14 (3); and
(b) pays the total amount of the reserve prices for the licence or licences:
(i) by the time referred to in paragraph 14 (2) (a); or
(ii) by the time set by the SMA under paragraph 14 (3) (a); or
(iii) in accordance with subclause 15 (3);
the lone applicant becomes the nominated applicant for each licence that the applicant identified in a completed Licence Contract from the time that the applicant complies with those requirements.