42Offer of reduced spectrum licence — licences for 1800 MHz lots

42 Offer of reduced spectrum licence – licences for 1800 MHz lots

(1) This section applies in relation to an applicant if: (a) the applicant receives a notice under subsection 41(3); and (b) subsection 41(4) does not apply in relation to the applicant; and (c) subsection 41(5) does not apply to the applicant.

Note: If an applicant is the only applicant that nominated a combination of 1800 MHz lots as its preferred lots, but issuing a spectrum licence for some or all of those lots to the applicant would exceed the 1800 MHz allocation limits, this section applies to the applicant.

(2) The ACMA must identify, in relation to the combination of 1800 MHz lots mentioned in subsection 41(2) for the applicant (the total lots), each lot where the aggregate of: (a) the lot size of the lot; and (b) 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. (3) If no total lot can be identified under subsection (2), section 43 applies in relation to the applicant. (4) If the ACMA identifies one or more total lots under subsection (2), the ACMA must send the applicant, by registered mail: (a) a draft spectrum licence for those lots; 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. (5) 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. (6) 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.

(7) Section 76 applies to a total lot that is not identified under subsection (2).