153PRestriction on issuing apparatus licences for parts of the spectrum subject to re‑allocation

153P Restriction on issuing apparatus licences for parts of the spectrum subject to re‑allocation

(1) This section applies if a spectrum re‑allocation declaration is in force in relation to a particular part or parts of the spectrum. (2) During the re‑allocation period, the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices: (a) at frequencies that are within that part, or those parts, of the spectrum; and (b) within the area or areas specified in the declaration; unless: (c) the licence is issued as mentioned in section 153M (which deals with re‑allocation of spectrum by issuing apparatus licences); or (d) the licence is issued by way of renewal of an apparatus licence (see Division 7 of Part 3.3); or (da) the licence is issued to a body covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body; or (e) the ACMA is satisfied that the special circumstances of the particular case justify the issuing of the licence.

Chapter 4—General regulatory provisions