77Sufficient eligibility payment – issue of spectrum licence without further payment

77  Sufficient eligibility payment – issue of spectrum licence without further payment

 (1) If the balance of the winning price for a winning bidder is an amount less than zero:

 (a) the ACMA must refund the eligibility payment in excess of the winning price no later than 6 months after giving the notice under subsection 76(1); and

 (b) the bidder is entitled to be issued:

 (i) a spectrum licence for each part of the spectrum assigned to the lots, other than the downshift metropolitan lot and the downshift regional lot, allocated to the bidder; and

 (ii) if the bidder was allocated the downshift metropolitan lot – a spectrum licence for the downshift metropolitan lot; and

 (iii) if the bidder was allocated the downshift regional lot – a spectrum licence for the downshift regional lot;

  without further payment.

 (2) If the balance of the winning price for a winning bidder is zero, the bidder is entitled to be issued:

 (a) a spectrum licence for each part of the spectrum assigned to the lots, other than the downshift metropolitan lot and the downshift regional lot, allocated to the bidder; and

 (b) if the bidder was allocated the downshift metropolitan lot – a spectrum licence for the downshift metropolitan lot; and

 (c) if the bidder was allocated the downshift regional lot – a spectrum licence for the downshift regional lot;

  without further payment.

Note: In accordance with the marketing plan, a spectrum licence for the downshift metropolitan lot, and a spectrum licence for the downshift regional lot, will be issued to the relevant winning bidder as a separate spectrum licence to any other spectrum licence issued to that winning bidder as a result of this instrument.

 (3) Subsections (1) and (2) do not apply if the ACMA has made a decision to retain the eligibility payment under section 85.

Note: Section 85 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.