Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023
44Procedure if ACMA satisfied applicants are affiliated
Start here
Get a plain-English read of 44
Turn the raw legal text into a practical explanation grounded in Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023.
44 Procedure if ACMA satisfied applicants are affiliated
(1) If the ACMA is satisfied that 2 or more applicants are affiliated, the ACMA must, in writing:
(a) notify the affiliated applicants and tell them the basis on which the ACMA is satisfied the applicants are affiliated; and
(b) notify the affiliated applicants that to participate in the allocation process:
(i) each affiliated applicant must withdraw its application, and a new applicant must submit an application under section 45; or
(ii) each affiliated applicant, but one, must withdraw its application.
(2) Within 10 working days of the ACMA notifying the affiliated applicants under subsection (1), the applicants must notify the ACMA in writing which option under paragraph (1)(b) the applicants have decided to take.
(3) If the affiliated applicants do not notify the ACMA within those 10 working days, each of the affiliated applicants is taken to have withdrawn its application.
(4) If, within those 10 working days, some of the affiliated applicants withdraw their applications but more than one affiliated applicant does not, each of the remaining affiliated applicants is taken to have withdrawn its application.
(5) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (3) or (4).