166Lump sum payment

1. The amount payable pursuant to section 164(1)(b) by a person (in this section referred to as the incumbent) in respect of each spectrum licence granted to the incumbent pursuant to section 162 shall be—

2. $395; or
3. the amount calculated in accordance with subsection (2),—
whichever is the smaller.

4. The amount referred to in subsection (1)(b) is the amount that is 50% of the average amount payable to the Secretary by way of consideration for all comparable licences that are disposed of by the Crown before 1 January 1992 by way of competitive tender.

5. For the purposes of subsection (2), a comparable spectrum licence, in relation to the spectrum licence granted to the incumbent pursuant to section 162, is a spectrum licence—

6. that relates to any frequency to which section 162 applies; and
7. that relates to a base repeater apparatus that is located not more than 5 kilometres from the base repeater apparatus to which the spectrum licence granted to the incumbent relates.

8. Subsection (1)(b) does not apply where no comparable spectrum licence is disposed of before the date referred to in subsection (2).