71Consequences of affiliation with previous successful bidder

71 Consequences of affiliation with previous successful bidder

(1) If: (a) the ACMA notifies a winning bidder under subsection 69(2) that it is satisfied the bidder is affiliated with a previous successful bidder; and (b) the previous successful bidder is not also a winning bidder; and (c) the number of lots won by the winning bidder, when the lot size of those lots is aggregated with the part of the spectrum that the previous successful bidder, or the specified group of persons that includes the previous successful bidder, may use as a result of the allocation of spectrum licences under the previous allocation determination, exceed the allocation limits; the ACMA: (d) must not issue spectrum licences to the winning bidder that would exceed the allocation limits; and (e) must not issue spectrum licences to the winning bidder except in accordance with this section. (2) If: (a) the winning bidder won both the 10 MHz lot and the 5 MHz lot; and (b) issuing a spectrum licence for only the 10 MHz lot to the bidder would not exceed the allocation limits; the bidder may give a direction to the ACMA specifying either: (c) that the bidder wishes to be issued a spectrum licence for the 10 MHz lot; or (d) that the bidder wishes to be issued a spectrum licence for the 5 MHz lot. (3) The direction must be given by the winning bidder to the ACMA within 5 working days after the winning bidder received notification under subsection 69(2). (4) Subject to the Act and this instrument, the ACMA must issue a spectrum licence in accordance with that direction, and must not issue a spectrum licence for the other lot to the bidder. (5) If the ACMA does not receive a direction within 5 working days, subject to the Act and this instrument, the ACMA must issue a spectrum licence for the 10 MHz lot to the bidder. (6) If: (a) the winning bidder won both the 10 MHz lot and the 5 MHz lot; and (b) issuing a spectrum licence for only the 10 MHz lot to the bidder would exceed the allocation limits; then: (c) the ACMA must not issue a spectrum licence for the 10 MHz lot to the bidder; and (d) subject to the Act and this instrument, the ACMA must issue a spectrum licence for the 5 MHz lot to the bidder. (7) If: (a) the winning bidder won only the 10 MHz lot; and (b) issuing a spectrum licence for only the 10 MHz lot to the bidder would exceed the allocation limits; then the ACMA must not issue a spectrum licence for the 10 MHz lot to that bidder. (8) If issuing a spectrum licence for the 5 MHz lot to the winning bidder would exceed the allocation limits, the ACMA must not issue a spectrum licence for the 10 MHz lot, or the 5 MHz lot, or both, to that bidder.

Note: If issuing a spectrum licence for the 5 MHz lot to the bidder would exceed the allocation limits, then issuing a spectrum licence for the 10 MHz lot, or for both the 5 MHz and 10 MHz lots, would exceed the allocation limits.