Document ID: chunk:federal_register_of_legislation:F2021L01150:clause:5_9:p11
Version: federal_register_of_legislation:F2021L01150
Segment Type: clause
Provision Reference: sch 5 cl 9 (pt 11/12)
Character Range: 105361–108012

radiocommunications transmitters to be operated under this licence. The guidelines should be followed by licensees (and accredited persons) in the planning of services and the resolution of interference cases. The ACMA will consider these guidelines during the settlement of interference disputes. Each case will be assessed on its merits.
Suspension and cancellation of spectrum licences
    7. The ACMA may by written notice given to a licensee, suspend or cancel a spectrum licence in accordance with Division 3 of Part 3.2 of the Act.
Renewal
    8. The ACMA may renew spectrum licences in accordance with Division 3A of Part 3.2 of the Act.
    9. A person must apply for renewal in accordance with section 77A of the Act. The renewal application period for this licence is set out in the renewal application period statement in Part 3 of Licence Schedule 1. Other statements in Part 3 of Licence Schedule 1 may also affect the renewal of the licence.
    10. The ACMA may request further information in connection with an application for renewal, in accordance with section 77B of the Act.
    11. The ACMA must not renew a spectrum licence for a period of 10 years or longer unless satisfied that it is in the public interest to do so.
    12. If the ACMA renews a spectrum licence, the conditions of the new spectrum licence need not be the same as those of the licence it replaces.
    13. If the ACMA has the discretion to renew the licence, it also has the discretion to refuse to renew the licence. The ACMA must make its decision within the renewal decision-making period, set out in Part 3 of Licence Schedule 1.
Trading
         14. (1) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that it is done in accordance with any rules determined by the ACMA under section 88 of the Act.

         (2)  An assignment under section 85 of the Act of the whole or any part of a spectrum licence that involves any change to a spectrum licence does not take effect until the Register has been amended under Part 3.5 of the Act, to take it into account.
Appeals
    15. An application may be made to the ACMA for reconsideration of a decision of a kind listed in section 285 of the Act. A person affected by and dissatisfied with an ACMA decision may seek a reconsideration of the decision by the ACMA under subsection 288(1) of the Act. This decision can be subject to further review by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.
Labelling of radiocommunications transmitters
    16. Licensees should affix identification labels