76Issue of spectrum licence

76 Issue of spectrum licence

(1) If a winning bidder: (a) elects to pay the balance of the upfront winning price; and (b) pays the balance of the upfront winning price in accordance with subsection 75(2); the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum allocated to the bidder.

Note: For the issue of spectrum licences, see section 62 of the Act.

(2) If a winning bidder: (a) elects to pay the delayed winning price; and (b) pays the first auction instalment in accordance with subparagraph 75(3)(b)(i); and (c) gives the ACMA the delayed winning price bank guarantee in accordance with subsection 75(7); the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum allocated to the bidder.

Note 1: If the winning bidder fails to pay an instalment other than the first auction instalment, the winning bidder may be in breach of the licence condition required to be included in a spectrum licence by section 67 of the Act.

Note 2: If either, or both, the second instalment and third instalment are not paid in accordance with subsection (3), the ACMA or the Commonwealth may require the authorised deposit-taking institution that has issued the delayed winning price bank guarantee to pay the amount secured by the delayed winning price bank guarantee.

Note 3: See section 90, in relation to the rights of the ACMA and the Commonwealth.

Note 4: For the issue of spectrum licences, see section 62 of the Act.