32Procedure if applicant affiliated with existing 1800 MHz licensee

32 Procedure if applicant affiliated with existing 1800 MHz licensee

(1) If: (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and (c) the aggregate of: (i) the lot size of one or more of the nominated lots; and (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band; exceeds the 1800 MHz allocation limits; the ACMA must, in writing, notify the affiliated applicant that: (d) the applicant is affiliated with the existing 1800 MHz licensee; and (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.

Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.

(2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form). (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots. (4) If: (a) the affiliated applicant complies with subsection (2); and (b) the aggregate of: (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band; exceeds the 1800 MHz allocation limits; the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots. (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots. (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.

Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.