40Offer of spectrum licence — licences for lots other than the 1800 MHz lots

40 Offer of spectrum licence – licences for lots other than the 1800 MHz lots

(1) This section applies to each lot other than a 1800 MHz lot. (2) If the ACMA is satisfied under subsection 37(1) that, for a lot or a combination of lots, there is only one applicant that has nominated the lot, or each of the lots in the combination, as one of its preferred lots, the ACMA may offer the applicant a spectrum licence for that lots or those lots. (3) The ACMA must send the applicant, by registered mail: (a) a draft of the spectrum licence; and (b) a notice stating: (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and (ii) the amount of the pre-determined price for the licence offered to the applicant; and (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and (iv) the balance of the pre-determined price. (4) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44. (5) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.

Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.

Note 2: For the issue of spectrum licences, see section 62 of the Act.