31Preferred lots

31 Preferred lots

(1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form. (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots. (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of: (a) the lot size of that lot, or of that combination of lots; and (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band; exceeds the 1800 MHz allocation limits. (4) If an applicant: (a) must not nominate a lot, or a combination of lots, under subsection (3); and (b) purports to nominate that lot, or that combination of lots; the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.