Document ID: chunk:federal_register_of_legislation:F2017C00964:front:0:p4
Version: federal_register_of_legislation:F2017C00964
Segment Type: other
Provision Reference: 
Character Range: 8376–11261

notice:
 (i) 1770 MHz to 1775 MHz and 1865 MHz to 1870 MHz in Adelaide;
 (ii) 1710 MHz to 1712.5 MHz and 1805 MHz to 1807.5 MHz in regional South Australia; and
 (iii) 1710 MHz to 1712.5 MHz and 1805 MHz to 1807.5 MHz in Cairns/Townsville.
 (1B) After the commencement of the Radiocommunications Spectrum Marketing Plan (1800 MHz Band) Variation 2017 (No. 1), 1800 MHz band means the spectrum in the geographic areas specified in subsection (1A), other than the 1800 MHz (unallocated lots) band.

Note: After the commencement of the Radiocommunications Spectrum Marketing Plan (1800 MHz) Variation 2017 (No. 1), this Plan does not deal with the part of the 1800 MHz band defined as the 1800 MHz (unallocated lots) band in the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017. The Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017 deals with the 1800 (unallocated lots) band.

      (2) In this Plan, unless the contrary intention appears a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

       Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13 (1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

       Note 2 All Commonwealth Acts and legislative instrument are available on the ComLaw website at http://www.comlaw.gov.au.

Part 2 Allocation of spectrum licences

2.1 Purpose of this Part
      This Part describes the procedures and timetable for allocating spectrum licences that authorise the operation of radiocommunications devices in the 1800 MHz band.

2.2 Parts of the spectrum
      (1) The ACMA will allocate and issue spectrum licences for spectrum in the 1800 MHz band in the manner described in this Plan and the allocation determination.
      (2) This Plan will have no effect if the re-allocation declaration is revoked in accordance with the Act.

2.3 How licences will be allocated
      (1) Spectrum licences for spectrum in the 1800 MHz band will be allocated by a simultaneous multiple round ascending (SMRA) auction in accordance with the procedures set out in the allocation determination (auction).
      Note  Neither the ACMA nor the Commonwealth accepts any liability for any loss or damage suffered by any person participating in the auction. Any person intending to participate in the auction should obtain their own legal, technical and financial advice before applying.

      (2) However, if the ACMA considers that it may be able to allocate spectrum licences without having to conduct an auction, the ACMA may offer to allocate spectrum licences for a pre-determined price.

2.4 Lots for the auction
      (1) There are three categories of lots for the