Document ID: chunk:federal_register_of_legislation:F2021L01088:reg:3:p1
Version: federal_register_of_legislation:F2021L01088
Segment Type: reg
Provision Reference: reg 3 (pt 1/2)
Character Range: 11557–14377

3                                                                        TPG Telecom has elected to take up the spectrum set‑aside in relation to that relevant area but Optus has not                               every person other than TPG Telecom and its relevant associates                   30 MHz

Note: This table applies separately in relation to the major population area and in relation to the regional area.

 (2) For subsection (1), a person has elected to take up the spectrum set‑aside in the allocation of spectrum licences in the 850/900 MHz band in relation to a relevant area if all of the following apply:
  (a) either the person or a body corporate of which the person is a member (in either case, the participant) has applied to be registered with the ACMA for the allocation in accordance with the allocation procedures;
 (b) if, under the allocation procedures, there is a period of time during which an application for registration may be withdrawn—that period has ended and the participant has not withdrawn their application;
 (c) if the allocation procedures provide for circumstances in which an application for registration is taken to be withdrawn—those circumstances do not apply to the participant;
 (d) if, under the allocation procedures, in order to take up the spectrum set‑aside in relation to that relevant area, a person is required to do any of the following:
 (i) pay to the ACMA an application fee (however described);
 (ii) give the ACMA notification in writing that the person elects to take up the spectrum set-aside in relation to that relevant area;
  the participant has complied with any such requirements;
 (e) if:
 (i) the allocation procedures provide for circumstances in which, having complied with any requirements of the kind referred to in paragraph (d), a person may withdraw (however described) their election to take up the spectrum set-aside in relation to that relevant area; and
 (ii) those circumstances have arisen;
  the participant has not withdrawn (however described) their election;
 (f) if, under the allocation procedures, in order to take up the spectrum set‑aside in relation to that relevant area, the person is required to have also taken up the spectrum set‑aside in relation to the other of those relevant areas—paragraphs (d) and (e) apply in relation to the other of those relevant areas.

 7  Limit applying to all persons and relevant groups of persons

 (1) For this section:
 (a) the limits imposed must apply in relation to the sub-1 GHz band in the major population area and the regional area; and
 (b) the limits imposed must ensure that no person or relevant group of persons may use:
 (i) more than an aggregate of 82 MHz of the sub-1 GHz band under spectrum licences in the major population area; or
 (ii) more than an aggregate of