Document ID: chunk:federal_register_of_legislation:F2025L00058:clause:1_39
Version: federal_register_of_legislation:F2025L00058
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 63562–65927

39  Annual amount for spectrum access
 (1) Subject to item 41, if, for a spectrum access, a Part 9 licence specifies one or more Level 2 HCIS blocks within which the operation of a radiocommunications transmitter is authorised, the annual amount for the spectrum access is the sum of the results of performing the following calculation for each such block:
 (a) half the bandwidth of the spectrum access (in MHz); multiplied by
 (b) the base rate for the Part 9 licence; multiplied by
 (c) the population of the HCIS block.
Note: For paragraph (a), licences that authorise the operation of a radiocommunications transmitter in the 850/900 MHz band, the 1800 MHz band or the 2.1 GHz band provide for the use of 'paired' spectrum. Such a licence will have an even number of spectrum accesses, in pairs where each access is of the same bandwidth and for the same geographic area, but covers a different frequency band. The base rate has been developed on the basis that it applies to only one of the 'paired' spectrum accesses. Paragraph (a) achieves the same result by multiplying the base rate by half the bandwidth of each 'paired' spectrum access.
 (2) Subject to item 41, if, for a spectrum access, a Part 9 licence does not specify any Level 2 HCIS blocks within which the operation of a radiocommunications transmitter is authorised, the annual amount for the spectrum access is the sum of the results of performing the following calculation for each Level 2 HCIS block that falls, partly or wholly, within the HCIS area of the licence and within the spectrum access:
 (a) half the bandwidth of the spectrum access (in MHz); multiplied by
 (b) the base rate for the Part 9 licence; multiplied by
 (c) the population of the HCIS block.
Note: For paragraph (a), licences that authorise the operation of a radiocommunications transmitter in the 850/900 MHz band, the 1800 MHz band or the 2.1 GHz band provide for the use of 'paired' spectrum. Such a licence will have an even number of spectrum accesses, in pairs where each access is of the same bandwidth and for the same geographic area, but covers a different frequency band. The base rate has been developed on the basis that it applies to only one of the 'paired' spectrum accesses. Paragraph (a) achieves the same result by multiplying the base rate by half the bandwidth of each 'paired' spectrum access.