39Applying for eligibility points and to be allocated leftover lots

39  Applying for eligibility points and to be allocated leftover lots

 (1) After the application deadline, and no later than the eligibility deadline, an applicant must give the ACMA a completed eligibility nomination form, which:

 (a) specifies the number of eligibility points the applicant wishes to have immediately before the start of the 3.7 GHz auction; and

 (b) if the applicant is eligible to apply to be directly allocated a leftover lot (see section 40), and wishes to so apply—applies to be directly allocated the leftover lot.

Note: The applicant must secure the eligibility points with an eligibility payment or deed of financial security (or both): see section 41.

Updating eligibility nomination form

 (2) Subject to subsection 48(2), an applicant who has given the ACMA a completed eligibility nomination form before the eligibility deadline may give the ACMA an updated, additional or replacement version of the document at any time until the eligibility deadline, but not after the eligibility deadline.

Note: A consequence of this is that an applicant who applies to be directly allocated a leftover lot cannot withdraw this application after the eligibility deadline (but subject to section 48).

Failure to comply

 (3) An applicant is taken to have withdrawn its application if the applicant fails to comply with subsection (1).

 (4) The ACMA must tell the applicant in writing if it is taken to have withdrawn its application under subsection (3).