Document ID: chunk:federal_register_of_legislation:F2017C00964:reg:1:p8
Version: federal_register_of_legislation:F2017C00964
Segment Type: reg
Provision Reference: reg 1 (pt 8/9)
Character Range: 102985–105812

the advisory guidelines before operating radiocommunications transmitters under this licence.  The ACMA will consider these guidelines during the settlement of interference disputes. Each case will be assessed on its merits. Copies of the guidelines are available from www.comlaw.gov.au and the ACMA.

Suspension and cancellation of spectrum licences

    6. 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.

Re-issue of spectrum licences

    7. A spectrum licence will not be re-issued to the same licensee without a price based allocation procedure unless:
       (a)     the ACMA is satisfied under subsection 82(1) of the Act that special circumstances exist as a result of which it would in the public interest for that licensee to continue to hold that licence; or
       (b)     the licence was used to provide a service of a kind determined by the Minister under subsection 82(3) of the Act for which re-issuing licences to the same licensees would be in the public interest.

Trading

         8. (1) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that this 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 licence that involves any change to a licence does not take effect until the Register in respect of spectrum licences has been amended to take it into account.

Appeals

    9. 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 transmitters

    10. Licensees should affix identification labels containing the name and address of the licensee on all fixed transmitters operated under this licence.
         Note An example of an identification label would be one containing the following statement: "This device is the property of 'name'".
Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.