Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p8
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 8/36)
Character Range: 22804–25625

has the meaning given in the Radiocommunications (Interpretation) Determination 2015.

PTS licence has the meaning given in the Radiocommunications (Interpretation) Determination 2015.

regional area has the meaning given in subsection 6(2) of the spectrum licence limits direction.

relevant band means the part of the spectrum from 3400 MHz to 3700 MHz.

relevant re-allocation declaration means any of the following:
(a)      the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Adelaide and Eastern Metropolitan Australia) Declaration 2018;
(b)      the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Perth) Declaration 2018;
(c)      the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Regional Australia) Declaration 2018.

use, in relation to a part of the spectrum, includes use by operating a radiocommunications device in accordance with a PTS licence for a PMTS Class B service, but does not include the operation of a radiocommunications device in accordance with any other apparatus licence.

11 Meaning of allocation limits
 (1) In this instrument, a reference to the allocation limits is a reference to the requirement that the allocation of spectrum licences under this instrument in the 3.6 GHz band must not result in a person or specified group of persons having permission to use more spectrum in relation to the relevant band in each designated area than a limit set out in section 12.
          Note: The Minister has given a direction to the ACMA, under subsection 60(10) of the Act, that limits be imposed on the aggregate of the parts of the spectrum from 3400 MHz to 3700 MHz that may be used by a person or specified group of persons as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act in the 3.6 GHz band.  See the spectrum licence limits direction.

       (2) In this instrument, for the purposes of assessing the application of the allocation limits to a product, the Perth combined products are to be treated as a single product.
          Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product.  For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products.

12 Allocation limits
 (1) Subject to subsections (2), (3), (4) and (5), no person or specified group of persons may, as a result of the allocation of a spectrum licence under this instrument, use:
         (a)      more than an aggregate of 60 MHz of the relevant band