Document ID: chunk:federal_register_of_legislation:F2023L00865:reg:14:p2
Version: federal_register_of_legislation:F2023L00865
Segment Type: reg
Provision Reference: reg 14 (pt 2/2)
Character Range: 38909–40851

be accessed, free of charge, from the ACMA's website at www.acma.gov.au.
Note 2: An area may be described by reference to identifiers referred to in the marketing plan.

Meaning of aggregate existing MHz
 (5) The aggregate existing MHz for a person in an area at a time is the aggregate of the amount of relevant spectrum (expressed in MHz) that may be used by the person, or by another person in the same relevant group of persons as the person, in the area:
 (a) taking into account authorisations mentioned in subsection 12(4), as at the time; and
 (b) not taking into account authorisations or licences mentioned in subsection 12(5); and
 (c) disregarding the operation of this section.

Meaning of authorised area
 (6) If:
 (a) an authorisation to operate radiocommunications devices in a specified part of the relevant spectrum in a specified area is issued to a person; and
 (b) all or part of the specified area falls within the area of a particular metropolitan or regional product;
then so much of the specified area as falls within the area of the product is an authorised area for the person, and for each other person in the same relevant group of persons as the person, for the area of the product.

Meaning of overlap area
 (7) If there is at least one authorised area for a person and the area of a product (the product area), then the product area comprises 1 or more overlap areas, which are determined by identifying the contiguous area, or combination of contiguous areas, within the product area that achieves the result that each such area meets all of the following requirements:
 (a) it falls wholly within an authorised area for the person and the product area;
 (b) it does not cover the boundary of any authorised area for the person and the product area;
 (c) it does not overlap with any other identified area;
 (d) it is no smaller than necessary to ensure all identified areas comply with paragraphs (a) to (c).