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Commonwealth of Australia

Radiocommunications Act 1992

Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, having had regard to a recommendation given to me by the Australian Communications and Media Authority under subsection 153F(1) of the Radiocommunications Act 1992 in relation to specified parts of the spectrum, make this Declaration under subsection 153B(1) of that Act.

Dated   1 November 2011

STEPHEN MICHAEL CONROY
Minister for Broadband, Communications and the Digital Economy
________________________________________________________________

  1              Name of Declaration

    This Declaration is the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011.

  2              Commencement

    This Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

    3 Definitions

    In this Declaration:

    Act means the Radiocommunications Act 1992.

    Mid West Radio Quiet Zone means the area bounded by the coordinates specified in Table B of the Schedule.

    Re-allocation deadline has the meaning given to that term by section 153B of the Act.

    Re-allocation period has the meaning given to that term by section 153B of the Act.

4 Spectrum Re-allocation

       (1)   The following parts of the spectrum are subject to re-allocation under Part 3.6 of the Act in relation to the re-allocation period:

           (a)  the part of the spectrum from 703 MHz to 748 MHz;
           (b)  the part of the spectrum from 758 MHz to 803 MHz.

       (2)   For the parts of the spectrum mentioned in subsection (1), this Declaration applies to the specified area (the National Area), being the area bounded by the coordinates specified in Table A of the Schedule, but excluding the Mid West Radio Quiet Zone.

        (3)   For the parts of the spectrum mentioned in subsection (1) the re‑allocation period begins on 2 November 2011 and ends on 31 December 2014 for each area specified in subsection (2).

       (4)  For the parts of the spectrum mentioned in subsection (1), the re‑allocation deadline is 31 December 2013.

       (5) Each part of the spectrum mentioned in subsection (1) may be re‑allocated only by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act.

       (6)  In subsection (1), each frequency band includes all frequencies that are greater than the lower frequency, up to and including the higher frequency.

Schedule

Each Area described in the tables below is a polygon bounded by a line joining each of the following coordinates of latitude and longitude.  The datum used for coordinates in this Schedule is the Geocentric Datum of Australia 1994.

Table A: Outer boundary of the National Area

Row  ° South    ° East