39AMarketing plans—re‑allocation of spectrum

#### 39A Marketing plans—re‑allocation of spectrum (1) This section applies if a spectrum re‑allocation declaration states that a part or parts of the spectrum should be re‑allocated: (a) by issuing spectrum licences; or (b) by a combination of: (i) issuing spectrum licences; and (ii) issuing apparatus licences. (2) The ACMA must, by legislative instrument, prepare a marketing plan for issuing spectrum licences that authorise the operation of radiocommunications devices: (a) at frequencies within that part, or those parts, of the spectrum; and (b) within the area or areas specified in the declaration with respect to that part or those parts. (3) The marketing plan is to apply to spectrum licences with respect to that part or those parts that might be issued as mentioned in section 153L. (4) The marketing plan need not require spectrum licences issued in accordance with it to apply to the whole of the area or areas to which the declaration applies. (5) The marketing plan may indicate: (a) the procedures to be followed for issuing spectrum licences in accordance with the plan; and (b) the timetable for issuing spectrum licences in accordance with the plan; and (c) how the spectrum dealt with under the plan is to be apportioned among the spectrum licences to be issued; and (d) how much of the spectrum dealt with under the plan is to be reserved for public or community services; and (e) the conditions, or types of conditions, that may be included in spectrum licences to be issued. (6) Subsection (5) does not, by implication, limit the matters that the marketing plan may indicate. (7) In indicating the procedures to be followed for issuing spectrum licences, the plan may, for example, indicate whether the licences are to be allocated: (a) by auction; or (b) by tender; or (c) by allocation for a pre‑determined price or a negotiated price; or (d) by direct allocation; or (e) by a combination of any or all of the following: (i) auction; (ii) tender; (iii) allocation for a pre‑determined price or a negotiated price; (iv) direct allocation. (8) The marketing plan must not be inconsistent with: (a) the spectrum plan; or (b) a frequency band plan that relates, wholly or partly, to the part or parts of the spectrum to which the marketing plan relates.