Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995
Part 7ALLOCATION OF LICENCES
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PART 7—ALLOCATION OF LICENCES
Licence not to be issued in certain circumstances
- (1) The SMA must not issue a licence to a nominated applicant if, in the 2 years immediately before the application, the applicant held an apparatus licence, issued under the Act or the Radiocommunications Act 1983, that has been cancelled otherwise than by the operation of section 307 of the Act (which deals with the surrender of licences).
(2) The SMA must not issue a licence that is inconsistent with:
(a) the Australian spectrum plan; or
(b) a relevant frequency band plan.
(3) The SMA must not issue a licence if the decision to issue the licence is inconsistent with:
(a) a direction by the Minister under section 235 of the Act; or
(b) a policy of the Commonwealth Government notified under section 236 of the Act.
Issue of a licence to a lone applicant
- (1) The SMA must issue a licence to a nominated applicant who was a lone applicant for the licence, or who is taken to be a lone applicant for the licence, if:
(a) the SMA complies with its obligations under:
(i) the Act; and
(ii) this Determination; and
(iii) the Guidelines; and
(iv) the Radiocommunications (Coordination) Regulations; and
(b) the nominated applicant complies with the requirements in clauses 14 and 15 that apply to the applicant; and
(c) none of the circumstances stated in clause 29 exists.
(2) Subject to the Act and the Guidelines, the SMA must give effect to the agreed Transmitter Proposal that is in force for the area in which the licence is located, and the group, for the area, in which the licence is located, when issuing the licence.
Note: [NOTE: “Agreed transmitter proposal” is defined in subclause 2 (1).]
(a) must issue the licence by instrument in writing; and
(b) may issue more than one licence in one instrument.
(4) The licence comes into force on the day on which it is issued.
(5) A licence does not give authority to the licensee to occupy the place at which the licensee proposes to operate the relevant transmitter.
Issue of a licence to an applicant other than a lone applicant
- (1) The SMA must issue a licence to a nominated applicant who was not a lone applicant for the licence, or who is not taken to be a lone applicant for the licence, if:
(a) the SMA complies with its obligations under:
(i) the Act; and