48Making an application – new applicants to the auction

48  Making an application – new applicants to the auction

 (1) A person (new applicant) who:

 (a) is not already an applicant; or

 (b) was an applicant but withdrew, or was taken to have withdrawn, its application;

  may apply to become registered as a bidder in the auction by:

 (c) giving the ACMA a completed application form; and

 (d) giving the ACMA a deed of acknowledgement executed by the applicant; and

 (e) giving the ACMA a deed of confidentiality executed by the applicant; and

 (f) paying the application fee;

  before the new application deadline.

 (2) If one or more new applicants that are set-aside applicants give the ACMA a completed application form that, in each case, states that the set-aside applicant elects to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product:

 (a) subsection 62(1), if it did not already apply, applies in relation to the auction; and

 (b) each of those applicants is a set-aside participant.

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

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

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

 (4) After the new application deadline, and no later than the extended eligibility deadline, a new applicant must:

 (a) give the ACMA a completed updated eligibility nomination form, which:

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

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

 (iii) in relation to the lots of each product, other than:

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

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

  for the lots of the product; and

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.