Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 (Cth)
Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998
as amended
made under paragraph 88 (1) (a) of the
Radiocommunications Act 1992
This compilation was prepared on 7 February 2009
taking into account amendments up to Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2009 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1Title [see Note 1] 3
2Commencement 3
3Purpose 3
4Interpretation 3
5Approval of form 3
6What may be traded 4
7Restrictions on trading 4
8Information to be given to ACMA 4
9Revocation 5
10Transitional 5
Schedule 1Minimum contiguous bandwidths 6
Notes 7
1 Title [see Note 1]
This determination is called the Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998.
Commencement
This determination commences on 1 June 1998.
Purpose
This determination sets out the rules for trading in spectrum licences.
Note Under s 88 of the Radiocommunications Act 1992, ACMA may determine rules for the assignment of spectrum licences and the circumstances in which licences can be varied, issued or cancelled as a result of assignments.
Interpretation
In this determination, unless the contrary appears:
ACMA means the Australian Communications and Media Authority.
Act means the Radiocommunications Act 1992.
geographic area, in relation to a licence, means the area within which operation of a radiocommunications device is authorised under the licence.
licence means a spectrum licence.
licensee means the holder of a licence.
Register means the Register of Radiocommunications Licences established under section 143 of the Act.
spectrum map grid means the map grid developed by ACMA for Australia, showing cells the sides of which measure 3 degrees of arc, 1 degree of arc or 5 minutes of arc, published by ACMA, copies of which are available from ACMA.
standard trading unit (STU) in relation to a licence, has the meaning it has in a marketing plan made under section 39 or section 39A of the Act that is made for the issue of the licence.
trade, in relation to a licence, means assign or otherwise deal with the whole or a part of the licence.
Trading Form means the form approved by ACMA under clause 5.
Note The following terms, used in this determination, are defined in the Radiocommunications Act 1992 and have the meanings given to them by that Act: frequency band, spectrum licence.
Approval of form
ACMA must approve, in writing, a Trading Form.
What may be traded
A licensee may:
(a) trade all or part of his or her licence to an existing licensee or to another person; and
(b) trade parts of the licence to different people.
Note Trading in a licence will not take effect before the trading is registered — see s 86 of the Act.
Restrictions on trading
(1) A licensee may not trade a part of his or her licence that is less than a whole STU or a multiple of whole STUs.
(2) A licensee must not trade a part of the licence if any of the resulting licences would contain a minimum contiguous bandwidth that is less than the bandwidth for the band set out in Schedule 1.
(3) A licensee may not transfer his or her licence for the purpose of providing security for a loan.
Note S 68 of the Act permits a licensee to authorise other persons to operate devices under the licence.
Information to be given to ACMA
(1) The information to be given to ACMA under section 86 of the Act must include:
(a) whether the whole or a part of the licence is traded; and
(b) the name and postal address of the person to whom the licence or part is traded; and
(c) if only part of the licence is traded:
(i) a description of that part, by reference to the latitude and longitude of its geographic areas, and the upper and lower frequencies of its frequency bands; and
(ii) a description of the remainder of the licence, by reference to the latitude and longitude of its geographic areas, and the upper and lower frequencies of its frequency bands;
(d) the certificate issued under subsection 145 (3) of the Act for each device to be operated:
(i) under the licence or part traded; and
(ii) if only part of the licence is traded — under the remaining part of the licence;
if a new certificate is required as a result of the trading.
Note 1 S 86 of the Act requires parties to trading to give ACMA such information about the assignment as ACMA requires to amend the Register.
Note 2 To give effect to a trade ACMA may vary a licence or the conditions of a licence, or issue or cancel licences — see s 87 of the Act.
Note 3 ACMA must make the changes to the Register that are necessary as a result of trading — see s 146 of the Act.
(2) The information must be given to ACMA on the Trading Form.
Revocation
The Radiocommunications (Trading Rules for Spectrum Licences) Determination 1996 is revoked.
Transitional
A form approved by the ACA under clause 5 of the Radiocommunications (Trading Rules for Spectrum Licences) Determination 1997 is taken to be a form approved under clause 5 of this Determination.
Schedule 1 Minimum contiguous bandwidths
(subsection 7 (2))
Item
Band (MHz)
Minimum contiguous bandwidth (MHz)
1 825–845 1 2 870–890 1 3 1900–1980 5 4 2110–2170 5 5 2302–2400 3.5 6 3425–3492.5 2.5 7 3542.5–3575 2.5
Notes to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998
Note 1
The Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 (in force under paragraph 88 (1) (a) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 | 1 June 1998 (see Gazette 1998, No. S251) | 1 June 1998 | |
| Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2000 | 26 July 2000 (see Gazette No. GN29) | 26 July 2000 | — |
| Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination (No. 2) 2000 | 6 Dec 2000 (see Gazette 2000, No. S617) | 6 Dec 2000 | — |
| Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2009 (No. 1) | 6 Feb 2009 (see F2009L00280) | 7 Feb 2009 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Note to s. 3............................ | am. 2000 No. 1 |
| S. 4......................................... | am. 2009 No. 1 |
| S. 5......................................... | am. 2009 No. 1 |
| S. 7......................................... | am. 2000 No. 1 |
| Heading to s. 8..................... | am. 2009 No. 1 |
| S. 8......................................... | am. 2000 No. 1 |
| am. 2009 No. 1 | |
| Note 1 to s. 8........................ | am. 2009 No. 1 |
| Note 2 to s. 8........................ | am. 2009 No. 1 |
| Note 3 to s. 8........................ | am. 2009 No. 1 |
| Schedule............................... | ad. 2000 No. 1 |
| am. 2000 No. 2 | |
| rep. 2009 No. 1 | |
| Schedule 1 | |
| Schedule 1............................ | ad. 2009 No. 1 |
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