102GLimits on use of the spectrum

#### 102G Limits on use of the spectrum (1) The ACMA may, by legislative instrument: (a) impose limits on the aggregate of the parts of the spectrum that: (i) under spectrum licences; and (ii) under existing transmitter licences; and (iii) as a result of the allocation or issue of transmitter licences; may be used by: (iv) any one person; or (v) a specified person; or (b) impose limits on the aggregate of the parts of the spectrum that: (i) under spectrum licences; and (ii) under existing transmitter licences; and (iii) as a result of the allocation or issue of transmitter licences; may, in total, be used by the members of a specified group of persons. > Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way. (2) A limit imposed as mentioned in subsection (1) may be expressed to apply in relation to any or all of the following: (a) a specified part of the spectrum; (b) a specified area; (c) a specified population reach. For example, a limit might specify an aggregate limit of 15 MHz per person in the band between 1800 MHz and 1900 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (1). (3) An instrument that imposes limits as mentioned in subsection (1) may impose limits of nil in relation to specified persons or to the members of specified groups of persons. (4) The Minister may, by notifiable instrument, give written directions to the ACMA in relation to the exercise of the power conferred by subsection (1). (5) The ACMA must exercise its power under subsection (1) in a manner consistent with any directions given by the Minister under subsection (4). (6) Before making an instrument under subsection (1), the ACMA must consult the ACCC about whether the instrument should impose limits and, if so, the nature of the limits. (7) This section does not apply to: (a) an apparatus licence issued under section 101A or 102; or (b) a digital radio multiplex transmitter licence.