Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995
Part 1INTRODUCTION
Start here
Get a plain-English read of Part 1
Turn the raw legal text into a practical explanation grounded in Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995.
This Determination may be cited as the Radiocommunications (Allocation of Multipoint Distribution Station Licences—Regional Licences) Determination No. 1 of 1995.
Commencement
1A. This Determination commences on 6 April 1995.
Interpretation
(1) In this Determination, unless the contrary intention appears:
“agreed Transmitter Proposal” has the same meaning as in the Radiocommunications (Coordination) Regulations;
“allocation period” means a period referred to in paragraph 19 (1) (a);
“Applicant Registration Form” means the document approved by the SMA under paragraph 7 (1) (a);
“area” means an area described in an item in Schedule 1;
“bank cheque” means a bank cheque issued by a bank licensed to operate in Australia;
“bid co-ordinator” means a person appointed under clause 18;
“Bidder Identification Form” means the document approved by the SMA under paragraph 7 (1) (b);
“Bidder’s Acknowledgment” means the document approved by the SMA under paragraph 7 (1) (e);
“bid price” means the amount bid by or on behalf of a nominated applicant for the purposes of subclause 22 (4);
“channel”, in relation to an area, means a frequency sub-band referred to in the item in Schedule 2 that relates to the area;
“cheque” means a cheque issued by a bank licensed to operate in Australia;
“closing day” means the day identified as the last day on which a person may give the SMA an Applicant Registration Form in the notice published by the SMA under subclause 4 (1) or (2);
“company” means:
(a) a company within the meaning of the Corporations Law; or
(b) a foreign corporation within the meaning of the Constitution;
“Deed of Guarantee” means the document approved by the SMA under subclause 7 (3);
“Form of Authority” means the document approved by the SMA under clause 7 (1) (c);
“grid reference” means an Australian Map Grid reference;
“group” means a group of channels within the meaning of the Multipoint Distribution System Band Plan:
(a) made on 9 June 1988; and
(b) as in force on the day on which this Determination commences;
“licence” means an MDS licence that authorises the holder of the licence to operate 1 or more transmitters on a channel in an area;
“Licence Contract” means the document approved by the SMA under subclause 7 (2);
“lone applicant” means a person who is the only applicant whom the SMA registers as a registered applicant in relation to an area;
“MDS licence” has the same meaning as in the Radiocommunications (Definitions) Determination No. 2 of 1993, as in force on 6 April 1995;
“nominated applicant” means an applicant referred to in clause 17 or subclause 22 (4);
“Notice of Unpaid Reserve Price” means the document approved by the SMA under paragraph 7 (1) (d);
“registered applicant” means an applicant who is registered under clause 10;
“registered bidder” means an individual who is registered under clause 21;
“reserve price”, in relation to a licence, means the amount decided for the licence by the SMA under clause 5;
“the Act” means the Radiocommunications Act 1992;
“the Guidelines” means Radiocommunications (Multipoint Distribution Station Licences—Regional Licences) Guidelines No. 1 of 1995, as in force on 6 April 1995;
“transmitter” includes a station used for the reception and automatic retransmission of radio transmissions from another station the operation of which is authorised by an MDS licence.
(2) Unless the contrary intention appears, an expression that is:
(a) defined in the Radiocommunications Regulations; and
(b) used in this Determination;
has the meaning given by those Regulations.
(3) A note that is used in this Determination does not form part of the Determination.
Application of the Determination
(1) This Determination applies to the allocation and issue of a licence.
(2) This Determination does not apply to:
(a) an application for the issue or renewal of a licence in relation to a transmitter that the applicant is authorised to operate under a licence that:
(i) was issued under this Determination, or under the Act; and
(ii) is in force on the day on which the application is made; or
(b) an application by a person, to whom a licence has been issued under this Determination, for the issue of a licence to operate a transmitter or transmitters on a channel at a location outside an area.
Note: [NOTE: This Determination may cease to apply to the allocation and issue of a licence in certain circumstances: see subclauses 16 (7), 24 (8) and 26 (5).]
Part Part 1 - Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995 - INTRODUCTION | Zoe