33Procedure if ACMA satisfied applicants affiliated

33 Procedure if ACMA satisfied applicants affiliated

(1) If the ACMA is satisfied that 2 or more applicants are affiliated, the ACMA must, in writing, notify the affiliated applicants that: (a) the ACMA is satisfied, on the basis set out in the notice, that the applicants are affiliated; and (b) to participate in the auction the affiliated applicants must: (i) withdraw the applications of all the affiliated applicants and submit a new application under section 34; or (ii) withdraw the applications of all but one of the affiliated applicants. (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If the affiliated applicants do not notify the ACMA within 10 working days, each affiliated applicant is taken to have withdrawn its application. (4) If the affiliated applicants notify the ACMA that they have decided to take the option in subparagraph (1)(b)(ii), and more than one affiliated applicant does not withdraw its application by the preference deadline, each of the remaining affiliated applicants is taken to have withdrawn its application. (5) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (3) or (4).