Telecommunications Ordinance Part 5B 5B-14 Section 32I Cap. 106 or tender is conducted in a fair, efficient and orderly manner. (Added 12 of 2001 s. 4) (6) Without prejudice to the generality of any other ground on which the Authority may exercise the power mentioned in subsection (5)(g)(ii), the Authority shall not exercise that power pursuant to a complaint alleging that there is a ground for the exercise of the power except such a complaint made— (a) by a bidder or tenderer at the auction or tender to which the complaint relates; and (b) to the Authority not later than 3 months after the date on which the outcome of that auction or tender was publicly declared. (Added 12 of 2001 s. 4) (7) Notwithstanding any other provision of this Ordinance, the Authority shall have all necessary powers to enforce the terms and conditions of an auction or tender which may be specified in a notice under subsection (4)(b)(ii). (Added 12 of 2001 s. 4) (8) Any spectrum utilization fee paid pursuant to this section shall be paid into the general revenue. (Added 12 of 2001 s. 4) (9) It is declared that— (a) a spectrum utilization fee payable pursuant to this section is a fee payable in addition to any fee prescribed under section 7(2) or 37(1)(g); (b) a complaint which would fall within subsection (6) but for the fact that it is made before the issue of the licence concerned, or before the assignment of the spectrum concerned, shall not of itself prevent the Authority from issuing the licence under section 7(5), or assigning the spectrum under section 32H(1), to the bidder or tenderer against which the complaint is made; Last updated date 2.8.2012