88Sufficient eligibility payment—issue of spectrum licence without further payment

88  Sufficient eligibility payment—issue of spectrum licence without further payment

 (1) If the balance of the total winning price for a winning bidder is an amount less than zero:

 (a) the ACMA must refund the eligibility payment in excess of the spectrum access charge no later than 6 months after telling bidders the information under section 85; and

 (b) the bidder is entitled to be issued, without further payment:

 (i) a single spectrum licence for all parts of the spectrum from 3400 MHz to 3575 MHz assigned to the lots (if any) allocated to the bidder (including any leftover lots); and

 (ii) a single spectrum licence for all parts of the spectrum from 3700 MHz to 3800 MHz assigned to the lots (if any) allocated to the bidder.

 (2) If the balance of the total winning price for a winning bidder is zero, the bidder is entitled to be issued, without further payment:

 (a) a single spectrum licence for all parts of the spectrum from 3400 MHz to 3575 MHz assigned to the lots (if any) allocated to the bidder (including any leftover lots); and

 (b) a single spectrum licence for all parts of the spectrum from 3700 MHz to 3800 MHz assigned to the lots (if any) allocated to the bidder.

 (3) Subsections (1) and (2) do not apply if the ACMA has made a decision to retain the eligibility payment under section 155.

Note: Section 155 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.