151Lump sum payment

1. The amount payable pursuant to section 149(1)(b) by an incumbent in respect of each spectrum licence granted to that person pursuant to section 145 shall be an amount ascertained in accordance with the following formula:

   $a\; \times \; b$

   Where:

   • a a

     is 1.5% of the gross income of the incumbent for the year ending on 31 December 1991; and

   • b b

     is 4.87.

2. Notwithstanding anything in subsection (1), but subject to subsection (5), where a spectrum licence is granted to any person pursuant to section 145 by virtue of that person being an incumbent under section 146(1)(b), the amount payable pursuant to section 149(1)(b) by that incumbent in respect of that spectrum licence shall be—

3. the amount calculated in accordance with subsection (1); or
4. the amount calculated in accordance with subsection (3),—
whichever is the smaller.

5. The amount referred to in subsection (2)(b) is the amount that is 50% of the average amount payable to the Secretary by way of consideration for all other comparable spectrum licences—

6. that have applying to them a receive coverage area that in the case of each spectrum licence covers not less than 90% of the receive coverage area applying to the spectrum licence granted to the incumbent; and
7. that are disposed of by the Crown before 1 January 1992 by way of competitive tender.

8. For the purposes of subsection (3), a comparable spectrum licence is—

9. where the frequency in relation to which the incumbent is granted a spectrum licence pursuant to section 145 is within the range of frequencies that are not less than 526.5 kHz and do not exceed 1606.5 kHz, any other spectrum licence that relates to any frequency that is within that range of frequencies:
10. where the frequency in relation to which the incumbent is granted a spectrum licence pursuant to section 145 is within the range of frequencies that are not less than 88.5 MHz and do not exceed 100.0 MHz, any other spectrum licence that relates to any frequency that is within that range of frequencies.

11. Subsection (2) does not apply where no comparable spectrum licence is disposed of before the date referred to in subsection (3)(b).