Document ID: chunk:federal_register_of_legislation:F2023L00118:reg:10:p1
Version: federal_register_of_legislation:F2023L00118
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 7583–10257

10  Permission for assignment resulting in less than the minimum contiguous bandwidth
Application for permission
 (1) A licensee may apply, in writing, to the ACMA for permission to assign a part of a spectrum licence held by the licensee, where the assignment would result in a spectrum licence that specifies, in the frequency core condition, a part of the spectrum that is less than the minimum contiguous bandwidth for the frequency band within which the spectrum licence would authorise the operation of radiocommunications devices.
 (2) An application under subsection (1) must be:
 (a) in a form approved by the ACMA (if any); and
 (b) made in a manner approved by the ACMA (if any); and
 (c) accompanied by the charge determined by the ACMA (if any) under section 60 of the Australian Communications and Media Authority Act 2005.
 (3) The ACMA may approve one or more forms for the purposes of paragraph (2)(a).
 (4) The ACMA may approve one or more manners of applying, for the purposes of paragraph (2)(b).
Decision whether to give permission
 (5) If a licensee makes an application under subsection (1), the ACMA must decide whether to give permission within 90 days after the application is made, or such longer period as agreed between the ACMA and the licensee.
 (6) The ACMA may:
 (a) give permission to assign the part of the spectrum licence within a period specified by the ACMA; or
 (b) refuse permission to assign the part of the spectrum licence.
Note: See subsection 88(3) of the Act.
 (7) For the purposes of paragraph (6)(a), the period specified must not be:
 (a) less than 45 days; or
 (b) greater than 90 days.
 (8) The ACMA must, within 14 days after the decision under subsection (6) is made, give the licensee a written notice of:
 (a) the decision; and
 (b) if the decision is to refuse permission:
 (i) the reasons for the decision; and
 (ii) the licensee's right to request a reconsideration of the decision under subsection (9).
Reconsideration of refusal
 (9) A licensee may apply, in writing, for the ACMA to reconsider a decision to refuse permission under subsection (6) (original decision).
 (10) An application under subsection (9) must:
 (a) be made in writing; and
 (b) set out the reasons for the application; and
 (c) be given to the ACMA within 30 days after the licensee is notified of the original decision.
 (11) The ACMA must, within 90 days after the application under subsection (9) is received, reconsider the original decision and either:
 (a) affirm the original decision; or
 (b) revoke the original decision, and give permission to assign the part of the spectrum licence.
 (12) The ACMA must, within 14 days after the