Document ID: chunk:federal_register_of_legislation:C2024C00823:section:138
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 138
Character Range: 371658–373002

138  Parts of the spectrum allocated for spectrum licences
 (1) If a spectrum licence authorises the operation of radiocommunications devices:
 (a) at one or more frequencies; and
 (b) within one or more areas;
the ACMA must not issue a class licence that authorises the operation of radiocommunications devices:
 (c) at those frequencies; and
 (d) within those areas;
unless subsection (2) is satisfied.
 (1A) If a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:
 (a) at one or more frequencies; and
 (b) within one or more areas;
the ACMA must not issue a class licence that authorises the operation of radiocommunications devices:
 (c) at those frequencies; and
 (d) within those areas;
unless subsection (2) is satisfied.
 (2) Before issuing a class licence to which subsection (1) or (1A) applies:
 (a) the ACMA must be satisfied that:
 (i) issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and
 (ii) issuing the class licence would be in the public interest; and
 (b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence.

Division 2—Requests for advice