138Parts of the spectrum allocated for spectrum licences

#### 138 Parts of the spectrum allocated for spectrum licences (1) If a spectrum licence authorises the operation of radiocommunications devices: (a) at one or more frequencies; and (b) within one or more areas; the ACMA must not issue a class licence that authorises the operation of radiocommunications devices: (c) at those frequencies; and (d) within those areas; unless subsection (2) is satisfied. (1A) If a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices: (a) at one or more frequencies; and (b) within one or more areas; the ACMA must not issue a class licence that authorises the operation of radiocommunications devices: (c) at those frequencies; and (d) within those areas; unless subsection (2) is satisfied. (2) Before issuing a class licence to which subsection (1) or (1A) applies: (a) the ACMA must be satisfied that: (i) issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and (ii) issuing the class licence would be in the public interest; and (b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence.