Document ID: chunk:federal_register_of_legislation:F2016L01969:clause:5_1:p9
Version: federal_register_of_legislation:F2016L01969
Segment Type: clause
Provision Reference: sch 5 cl 1 (pt 9/9)
Character Range: 64207–66465

a licensee negotiating other protection requirements with another licensee.  The ACMA will consider these guidelines during the settlement of interference disputes.  Each case will be assessed on its merits.  Copies of the guidelines are available from the Federal Register of Legislation.

    The suspension and cancellation of spectrum licences

    5. The ACMA may by written notice given to a licensee, suspend or cancel a spectrum licence in accordance with Division 3 of Part 3.2 of the Act.

Licence Schedule 5  Licence Notes (cont)

    Reissue

    6. A spectrum licence will not be reissued to the same licensee without a price based allocation procedure unless:
        (a) the ACMA is satisfied under subsection 82(1) of the Act that special circumstances exist as a result of which it would in the public interest for that licensee to continue to hold that licence; or
        (b) the licence was used to provide a service of a kind determined by the Minister under subsection 82(3) of the Act for which reissuing licences to the same licensees would be in the public interest.

    Trading

         7. (a) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that this is done in accordance with any rules determined by the ACMA under section 88 of the Act and Division 5 of Part 3.2 of the Act.

          (b) An assignment under section 85 of the Act of the whole or any part of a licence that involves any change to a licence does not take effect until the Register has been amended to take it into account.

    Appeals

    8. An application may be made to the ACMA for re-consideration of the ACMA's decisions listed under section 285 of the Act.  A person affected by and dissatisfied with an ACMA decision may seek a re-consideration of the decision by the ACMA under subsection 288(1) of the Act.  This decision can be subject to further re-consideration by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.

    Labelling of transmitters

    9. Transmitters operated under this licence must be labelled in accordance with the Radiocommunications (Labelling) Determination 2013.
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