42Number of eligibility points secured

42  Number of eligibility points secured

Initial eligibility points secured

 (1) An applicant’s eligibility points immediately before the start of the 3.7 GHz auction is the number of points secured by the applicant, as determined under this section.

Note: Section 104 sets out how a bidder’s eligibility points change during the allocation process. This section is relevant for item 1 of the table in that section.

 (2) If the applicant gives the ACMA a completed eligibility nomination form (or updated eligibility nomination form) and complies with subsection 41(2), the applicant secures the number of eligibility points specified in its completed eligibility nomination form (or updated eligibility nomination form).

Note 1: A bidder may be restricted in its use of eligibility points by the allocation limits.

Note 2: A bidder’s eligibility points may change during the allocation process: see section 104.

Incomplete payment or financial security

 (3) If an applicant makes an eligibility payment or gives a deed of financial security, or both, for an amount (the incomplete amount) less than the required amount (see subsection 41(3)), the ACMA must, in writing, notify the applicant that:

 (a) the applicant has made an eligibility payment or given a deed of financial security, or both, whichever is the case, for less than the required amount; and

 (b) the applicant must, before the eligibility deadline or extended eligibility deadline (if there is one), or no later than 3 working days after the date of the notice, whichever is the later, make a payment (eligibility payment) or give a deed of financial security, or both, for the remainder of the required amount.

Failure to remedy incomplete payment or financial security—reduced eligibility points

 (a) the applicant does not comply with the notice given under subsection (3); and

 (b) the number of points worked out under subsection (5) or (6) (whichever is applicable) is one or more;

then the applicant secures the number of eligibility points worked out under the applicable subsection.

Note: If the number of eligibility points is less than one, section 43 applies.

Applicant who did not apply for a leftover lot

 (5) If the applicant did not apply to be directly allocated a leftover lot, the number of points is worked out by:

 (a) working out the amount of the incomplete amount as a proportion of the amount required under subsection 41(3); and

 (b) multiplying that proportion by the number of eligibility points specified in the eligibility nomination form; and

 (c) rounding the result from paragraph (b) down to the nearest integer.