Radiocommunications (Spectrum Licence Allocation — 26 GHz Band) Determination 2020
Div 1Allocation limits
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Division 1 Allocation limits
10 Interpretation
In this Part:
carrier has the same meaning as in the Telecommunications Act 1997.
public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.
roaming services agreement means an agreement between two or more carriers for the principal purpose of enabling the supply of public mobile telecommunications services by one of those other carriers, in geographic locations where another of those carrier’s public mobile telecommunications services are not available.
11 Meaning of allocation limits
(1) In this instrument, a reference to the allocation limits is a reference to the requirement that the allocation of spectrum licences under this instrument must not result in a person or specified group of persons having permission to use more spectrum in the 26 GHz band than a limit set out in section 12.
Note: The Minister has given a direction to the ACMA, under subsection 60(10) of the Act, that limits be imposed on the aggregate of the parts of the spectrum in the 26 GHz band that may be used by a person or specified group of persons as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act in the 26 GHz band that is enabled by the re-allocation declaration in each designated area. See the spectrum licence limits direction.
(2) In this instrument, for the purpose of assessing the application of the allocation limits to a product, each of the following are to be treated as a single product:
- the Greater Perth combined products;
- the Hobart combined products;
- the Margaret River combined products.
Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in designated areas. However, in the marketing plan, the lots in the Greater Perth, Hobart and Margaret River areas are each divided into two different products, such that each area has a lower band product and an upper band product. For the purposes of the allocation limits, the two products of each area are treated as just one product. For all other purposes, they are to be treated as two products.
12 Allocation limits
No person or specified group of persons may, as a result of the allocation of a spectrum licence under this instrument, use more than an aggregate of 1 GHz of the 26 GHz band in each designated area.