Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:3_68
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 3 cl 68
Character Range: 53769–55175

68  Subsections 106(3) and (4)
Repeal the subsections, substitute:
 (3) A system so determined may:
 (a) impose limits on the aggregate of the parts of the spectrum that:
 (i) under spectrum licences; and
 (ii) under existing transmitter licences; and
 (iii) as a result of the allocation or issue of transmitter licences;
  may be used by:
 (iv) any one person; or
 (v) a specified person; or
 (b) impose limits on the aggregate of the parts of the spectrum that:
 (i) under spectrum licences; and
 (ii) under existing transmitter licences; and
 (iii) as a result of the allocation or issue of transmitter licences;
  may, in total, be used by the members of a specified group of persons.
Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.
 (4) A limit imposed as mentioned in subsection (3) may be expressed to apply in relation to any or all of the following:
 (a) a specified part of the spectrum;
 (b) a specified area;
 (c) a specified population reach.
For example, a system might specify an aggregate limit of 15 MHz per person in the band between 1800 MHz and 1900 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (3).
 (4A) A system that imposes limits as mentioned in subsection (3) may impose limits of nil in relation to specified persons or to the members of specified groups of persons.