46Updating eligibility nomination form and financial security

46  Updating eligibility nomination form and financial security

 (1) As soon as practicable after the new application deadline, the ACMA must:

 (a) give each applicant a copy of the updated eligibility nomination form; and

 (b) if there is only one set-aside participant – tell each applicant the identity of that set-aside participant.

 (2) No later than the extended eligibility deadline, an applicant must give the ACMA a completed updated eligibility nomination form that:

 (a) specifies the number of lots of each product desired by the applicant as valid provisional start demands of the applicant before the pre-bidding phase of the primary stage, at the starting price for the lots of the product; and

 (b) specifies the maximum eligibility points of the applicant, based on those specified provisional start demands; and

 (iii) does not select a provisional minimum spectrum requirement; or

 (iv) selects 2 lots as the provisional minimum spectrum requirement;

 (3) If an applicant fails to comply with subsection (2):

 (a) for a set-aside participant – the set-aside participant is not entitled to bid during the primary stage and the secondary stage; or

 (4) No later than the extended eligibility deadline, an applicant may do either or both of the following:

 (a) make an additional payment (eligibility payment) to the ACMA for the purposes of section 42;

 (b) give the ACMA an additional deed of financial security for the purposes of section 42.

Note 1: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount less than the required amount, as defined in subsection 42(2), see subsections 42(3) to 42(8).

Note 2: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount more than the required amount, as defined in subsection 42(2), see subsection 73(2) or 74(2), or paragraph 77(1)(a), for the requirement to refund the whole or part of the eligibility payment. Otherwise, see subsection 75(2) in relation to calculating the balance of the winning price.

 (5) If a deed of financial security (for paragraph (4)(b)) is given to the ACMA by email before the extended eligibility deadline, the original deed must be received by the ACMA no later than 3 working days after the extended eligibility deadline (or, if the ACMA agrees to a later time, the agreed time).

 (6) If an applicant fails to comply with subsection (5):

 (a) for a set-aside participant – the set-aside participant is not entitled to bid during the primary stage and the secondary stage; or

 (7) The ACMA must: