Document ID: chunk:federal_register_of_legislation:F2024L00156:clause:2_2:p2
Version: federal_register_of_legislation:F2024L00156
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 2/2)
Character Range: 12409–14166

the allocation limit is:
 (a) for the metropolitan area – 140 MHz of spectrum; and
 (b) for the regional area – 160 MHz of spectrum; and
 (c) for the rural area – 160 MHz of spectrum.
Authorisations that are relevant
 (9) In determining how much of the spectrum in the 3.4 GHz band a person is authorised to use in the metropolitan area, the regional area or the rural area at a time, take into account:
 (a) authorisations to operate radiocommunications devices in a specified part of the 3.4 GHz band in the area, where those authorisations are in spectrum licences that exist at the time (whether or not the spectrum licence has come into force); and
 (b) authorisations to operate radiocommunications devices in a specified part of the 3.4 GHz band in the area, where those authorisations are in area-wide licences that exist at the time (whether or not the area-wide licence has come into force).
Authorisations that are not relevant
 (10) For the purposes of this clause, do not take into account the following:
 (a) authorisations in transmitter licences that are not area-wide licences;
 (b) authorisations under subsection 68(1) of the Act (about third party use and spectrum licences);
 (c) authorisations under subsection 114(1) of the Act (about third party use and apparatus licences).
Note: Section 102G of the Act does not empower the ACMA to impose limits on the aggregate part of the spectrum that, under existing receiver licences or under class licences, or as a result of the allocation or issue of receiver licences, may be used by any one person, or a specified person, or may in total be used by the members of a specified group of persons. Accordingly, use of spectrum authorised under these licences are also not taken into account.