Radiocommunications (Spectrum Licence Allocation 2 GHz Band) Amendment Determination 2001 (No. 1) (Cth)

Radiocommunications (Spectrum Licence Allocation - 2 GHz Band) Amendment Determination 2001 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under sections 60 and 294 of the Radiocommunications Act 1992.

Dated   27 February   2001

R HORTON   Chair

G.W LUTHER             Senior Executive Manager  

Australian Communications Authority

1              Name of Determination

This Determination is the Radiocommunications (Spectrum Licence Allocation - 2 GHz Band) Amendment Determination 2001 (No. 1).

2              Commencement

This Determination commences on 13 February 2001.

3              Amendment of Radiocommunications (Spectrum Licence Allocation - 2 GHz Band) Determination 2000

Schedule 1 amends the Radiocommunications (Spectrum Licence Allocation - 2 GHz Band) Determination 2000.

Schedule 1

Schedule 1        Amendments

(section 3)

[1]         Section 4.23

substitute

4.23           Withdrawal penalty

(1)   A registered applicant is liable for the withdrawal penalty in subsection (2) if:

(a)    the registered applicant withdraws a bid on a particular lot; and

(b)    there is a subsequent bid on the lot but no subsequent bid on the lot is equal to or greater than the withdrawn bid.

Note:  A bid cannot be withdrawn unless it is the high bid for the lot – see section 4.21.

(2)   For subsection (1), the withdrawal penalty is an amount equal to the difference between the withdrawn bid and the highest subsequent bid.

(3)   A registered applicant is liable for the withdrawal penalty in subsection (4) if:

(a)    the registered applicant withdraws a bid on a particular lot; and

(b)    there is no subsequent bid on the lot.

(4)   For subsection (3), the withdrawal penalty is an amount equal to the amount of the withdrawn bid.

(5)   A registered applicant may withdraw a bid on a particular lot more than once, but the applicant is liable for a withdrawal penalty each time.

(6)   The amount of all withdrawal penalties imposed on an unsuccessful applicant will be deducted from the applicant’s eligibility payment before any remaining portion is refunded.

(7)   If the amount of all withdrawal penalties exceeds the eligibility payment, the balance will be taken out of the repayable performance payment, with any amount still owing being a debt due to the ACA that may be recovered in a court of competent jurisdiction.

Note   If a withdrawal penalty is incurred by a successful applicant, the amount of the penalty will be added to the balance of the bid price payable by the applicant under section 5.2.

(8)  An applicant is not otherwise liable for a withdrawal penalty.