14Disregarding existing authorisations with less than 30% population reach

14  Disregarding existing authorisations with less than 30% population reach

Scope

 (1) This section:

 (a) applies in relation to authorisations that are taken into account under subsection 12(4) in applying the allocation limits; and

 (b) does not apply during an auction in relation to authorisations that section 13 assumes will be issued to bidders.

Note: If applying this section after the end of the 3.7 GHz auction, authorisations to be issued in relation to lots allocated in the 3.7 GHz auction may be disregarded in relation to an overlap area for a person and a 3.4 GHz product.

Main rule

 (2) For the purposes of applying section 12 (allocation limits) in relation to the area of a particular metropolitan or regional product, if:

 (a) an authorisation in a spectrum licence issued, or to be issued, to a person to operate radiocommunications devices in a part of the relevant spectrum specifies an area that is, or includes, an overlap area (see subsections (6) and (7)) for the person and area of the product; and

 (b) the overlap area is below the significance threshold for the person and area of the product;

then the authorisation is to be disregarded in determining the amount of relevant spectrum the person is authorised to use in that overlap area.

Significance threshold

 (3) An overlap area (the test area) is below the significance threshold for the person and the area of a product if:

 (a) where the test area is the only overlap area for the person and the area of the product—the population of the test area is less than 30% of the population of the area of the product; or

 (b) where there is at least one other overlap area for the person and the area of the product—the sum of the following is less than 30% of the population of the area of the product:

 (i) the population of the test area;

 (ii) the population of each other overlap area for the person and the area of the product in which the person’s aggregate existing MHz (see subsection (5)) equals or exceeds the person’s aggregate existing MHz in the test area.

 (4) The total population of a geographic area is to be determined in accordance with the most recent data in the HCIS—List of Population Data document published by the ACMA on its website, as that document existed at the time this instrument commences.

Note 1: The HCIS—List of Population Data document may be accessed, free of charge, from the ACMA’s website at www.acma.gov.au.

Note 2: An area may be described by reference to identifiers referred to in the marketing plan.

Meaning of aggregate existing MHz

 (5) The aggregate existing MHz for a person in an area at a time is the aggregate of the amount of relevant spectrum (expressed in MHz) that may be used by the person, or by another person in the same relevant group of persons as the person, in the area:

 (a) taking into account authorisations mentioned in subsection 12(4), as at the time; and

 (b) not taking into account authorisations or licences mentioned in subsection 12(5); and

 (c) disregarding the operation of this section.

Meaning of authorised area

 (6) If:

 (a) an authorisation to operate radiocommunications devices in a specified part of the relevant spectrum in a specified area is issued to a person; and

 (b) all or part of the specified area falls within the area of a particular metropolitan or regional product;

then so much of the specified area as falls within the area of the product is an authorised area for the person, and for each other person in the same relevant group of persons as the person, for the area of the product.

Meaning of overlap area

 (7) If there is at least one authorised area for a person and the area of a product (the product area), then the product area comprises 1 or more overlap areas, which are determined by identifying the contiguous area, or combination of contiguous areas, within the product area that achieves the result that each such area meets all of the following requirements:

 (a) it falls wholly within an authorised area for the person and the product area;

 (b) it does not cover the boundary of any authorised area for the person and the product area;

 (c) it does not overlap with any other identified area;

 (d) it is no smaller than necessary to ensure all identified areas comply with paragraphs (a) to (c).