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Commonwealth of Australia

Radiocommunications Act 1992

Radiocommunications (Spectrum Re-allocation) Declaration No. 2 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. 2 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 C of the Schedule.

    National Area means the area bounded by the coordinates specified in Table A of the Schedule.

    Perth Area means the area bounded by the coordinates set out 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 2500 MHz to 2570 MHz;
           (b) the part of the spectrum from 2620 MHz to 2690 MHz.
       (2)   For the parts of the spectrum mentioned in subsection (1), this Declaration applies to the specified areas of:
            (a)       the National Area, but excluding:
                (i)            the Perth Area; and
                (ii)            the Mid West Radio Quiet Zone; and
            (b)      the Perth Area.

       (3)   For the parts of the spectrum mentioned in subsection (1), the re‑allocation period begins on 2 November 2011 and ends on:
           (a)  30 September 2014 for the area specified in paragraph (2)(a); and
           (b)  31 January 2016 for the Perth Area.

       (4)   For the parts of the spectrum mentioned in subsection (1), the re‑allocation deadline is 30 September 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