86Effect of retention on winning bidders

86  Effect of retention on winning bidders

  If the ACMA makes a decision under subsection 85(1) in relation to a winning bidder:

 (a) despite section 77 and clause 4 of Schedule 5, the ACMA must not issue a spectrum licence to the bidder; and

 (b) the following parts of the spectrum are taken to be unallocated:

 (i) the spectrum assigned to the lots allocated to the bidder at auction; and

 (ii) if the downshift metropolitan lot was allocated to the bidder– both the following parts of the spectrum in the downshift metropolitan area:

 (A) 824 MHz to 825 MHz;

 (B) 869 MHz to 870 MHz; and

 (iii) if the downshift regional lot was allocated to the bidder – both the following parts of the spectrum in the downshift regional area:

 (A) 824 MHz to 825 MHz;

 (B) 869 MHz to 870 MHz.

Note: A set-aside participant is a winning bidder.