Document ID: chunk:federal_register_of_legislation:F2024L00156:clause:2_2:p1
Version: federal_register_of_legislation:F2024L00156
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 1/2)
Character Range: 10043–12625

2  Allocation and issue of area-wide licence not to exceed limit
 (1) This clause is made under paragraph 102G(1)(b) of the Act.
Note: The limit in this clause only applies after the limits in clause 1 of Schedule 1 cease to have effect.
Limit in 3.8 GHz band in metropolitan area
 (2) The allocation or issue of area-wide licences that authorise the operation of radiocommunications transmitters in the 3.8 GHz band in the metropolitan area must not result in a person exceeding the allocation limit for the metropolitan area.
 (3) A person exceeds the allocation limit for the metropolitan area if:
 (a) the person is allocated or issued an area-wide licence under subsection 100(1) of the Act; and
 (b) the person, or the relevant group of persons that includes the person, is authorised to use, in aggregate, more of the spectrum in the 3.4 GHz band in all or part of the metropolitan area than the allocation limit for the metropolitan area.
Limit in 3.8 GHz band in regional area
 (4) The allocation or issue of area-wide licences that authorise the operation of radiocommunications transmitters in the 3.8 GHz band in the regional area must not result in a person exceeding the allocation limit for the regional area.
 (5) A person exceeds the allocation limit for the regional area if:
 (a) the person is allocated or issued an area-wide licence under subsection 100(1) of the Act; and
 (b) the person, or the relevant group of persons that includes the person, is authorised to use, in aggregate, more of the spectrum in the 3.4 GHz band in all or part of the regional area than the allocation limit for the regional area.
Limit in extended 3.8 GHz band in rural area
 (6) The allocation or issue of area-wide licences that authorise the operation of radiocommunications transmitters in the extended 3.8 GHz band in the rural area must not result in a person exceeding the allocation limit for the rural area.
 (7) A person exceeds the allocation limit for the rural area if:
 (a) the person is allocated or issued an area-wide licence under subsection 100(1) of the Act; and
 (b) the person, or the relevant group of persons that includes the person, is authorised to use, in aggregate, more of the spectrum in the 3.4 GHz band in all or part of the rural area than the allocation limit for the rural area.
Meaning of allocation limit
 (8) In this clause, the allocation limit is:
 (a) for the metropolitan area – 140 MHz of spectrum; and
 (b) for the regional area – 160 MHz of spectrum; and
 (c) for the rural area – 160 MHz of spectrum.
Authorisations that are relevant