41Offer of spectrum licence — licences for 1800 MHz lots

41 Offer of spectrum licence – licences for 1800 MHz lots

(1) This section applies to each 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) Before the ACMA offers the applicant a spectrum licence for the lots to be included in that licence, the ACMA must, by written notice given to the applicant: (a) state the identity of each other applicant that has been, or will be, given a notice under this subsection and the associates of those applicants; (b) request the following details about each associate of the applicant: (i) the associate’s name; (ii) the associate’s ABN, ACN and ARBN, if any; (iii) the associate’s address or registered office; and (iv) the nature of the associate’s association with the applicant; (c) request that the applicant give the ACMA a statement whether the applicant is an affiliate of: (i) an existing 1800 MHz licensee and, if so, identifying the existing 1800 MHz licensee and giving details of the affiliation; or (ii) another applicant that has been or will be, given a notice under this subsection and, if so, identifying the other applicant and giving details of the affiliation.

Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

Note 2: Section 136.1 of the Criminal Code also makes it an offence to make a false or misleading statement in connection with an application for a spectrum licence.

(4) If: (a) an applicant receives a notice under subsection (3); and (b) the applicant does not: (i) give the ACMA the details requested in accordance with paragraph (3)(b); or (ii) give the ACMA the statement requested in accordance with paragraph (3)(c); within 5 working days, or such longer time as determined by the ACMA, of receiving the notice; the ACMA must not offer a spectrum licence to the applicant under this section.

Note: This subsection does not affect the ability of the applicant to participate in an auction.

(5) If: (a) an applicant receives a notice under subsection (3); and (b) subsection (4) does not apply in relation to the applicant; and (c) the ACMA is satisfied that the aggregate of: (i) the lot size of the lots, to be included in the spectrum licence mentioned in subsection (2); and (ii) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band; does not exceed the 1800 MHz allocation limits; the ACMA must send the applicant, by registered mail: (d) a draft of the spectrum licence; and (e) 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. (6) 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. (7) 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.