Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012

Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012

as amended

made under subsection 60(10) of the

Radiocommunications Act 1992

This compilation was prepared on 14 December 2012
taking into account amendments up to Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012 (Amendment No. 1 of 2012)

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

 1 Name of Direction [see Note 1]

 2 Commencement [see Note 1]

 3 Interpretation 

 4 Direction – 700MHz band 

Notes   

1 Name of Direction [see Note 1]

  This Direction is the Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012.

2 Commencement [see Note 1]

  This Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Interpretation

 (1) In this Direction:

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

associate, in relation to a person, means:

 (a) for a body corporate:

 (i) a director or secretary of the body; or

 (ii) a related body corporate; or

 (iii) a director or secretary of a related body corporate; or

 (v) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or

 (b) for an individual:

 (i) the individual’s spouse; or

 (ii) the individual’s de facto partner within the meaning given by the Acts Interpretation Act 1901; or

 (iv) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or

 (v) a body corporate of which the individual is a director or secretary; or

 (vi) a body corporate that is related to a body corporate of which the individual is a director or secretary; or

 (c) for any person – any other person (other than the ACMA) who has a relevant agreement with the person that:

 (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration; or

 (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration.

carrier has the same meaning as in the Telecommunications Act 1997.

designated area means the area to which the re‑allocation declaration applies, as described in subsection 4(2) of the re‑allocation declaration.

public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.

re‑allocation declaration means the Radiocommunications (Spectrum Re‑allocation) Declaration No. 1 of 2011.

related body corporate has the meaning given by the Corporations Act 2001.

relevant agreement means an agreement, arrangement or understanding:

 (a) whether formal or informal or partly formal and partly informal; and

 (b) whether written or oral or partly written and partly oral; and

 (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights,

other than a Roaming Services Agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010.

Roaming Services Agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by one carrier to use public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier’s public mobile telecommunications services are not available.

specified group of persons means an applicant for a spectrum licence and all of the associates of the applicant.

 (2) In this Direction, each frequency band includes all frequencies that are greater than the lower frequency, up to and including the higher frequency.

 (3) For this Direction, 2 or more specified groups of persons having 1 member in common are taken to be 1 specified group of persons.

4 Direction – 700MHz band

 (1) I direct that the ACMA must determine procedures under subsection 60(1) of the Act that impose limits that ensure that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, no person or specified group of persons may use more than:

 (a) 25 MHz of spectrum available in the designated area in the frequency band 703 MHz to 748 MHz; and

 (b) 25 MHz of spectrum available in the designated area in the frequency band 758 MHz to 803 MHz.

Notes to the Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012

Note 1

The Radiocommunications (Spectrum Licence Limits) Direction No. 1 of 2012 (in force under subsection 60(10) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments