159Lump sum payment

1. The amount payable pursuant to section 157(1)(b) by the incumbent in respect of the incumbent's registration, pursuant to section 155, in respect of any frequency to which section 155 applies 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, being gross income in respect of the provision of any services that involve the exercise of the rights conferred by any spectrum licence granted pursuant to the incumbent's management rights in relation to any frequency to which section 155 applies; and

   • b b

     is 4.87.

2. Notwithstanding anything in subsection (1), where the management rights in relation to the frequencies of the AMPS A Band are disposed of by the Crown by way of competitive tender before 1 January 1992, the amount payable pursuant to section 157(1)(b) by an incumbent in respect of the incumbent's registration, pursuant to section 155, in respect of any frequency to which section 155 applies 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 total amount payable to the Secretary by way of consideration for the management rights in relation to the frequencies of the AMPS A Band that are disposed of by the Crown by way of competitive tender before 1 January 1992.

6. For the purposes of subsections (2) and (3), the frequencies of the AMPS A Band are as follows:

7. the frequencies that are within the range of frequencies that are not less than 825.0150 MHz and do not exceed 835.005 MHz; and
8. the frequencies that are within the range of frequencies that are not less than 870.0150 MHz and do not exceed 880.005 MHz.