Div 1

Division 1 Allocation limits

10 Interpretation

In this Division:

associated area, for a location, has the meaning given in subsection 6(3) of the spectrum licence limits direction.

designated area means a metropolitan area or a regional area.

Hierarchical Cell Identification Scheme or HCIS means the Hierarchical Cell Identification Scheme used as part of the Australian Spectrum Map Grid 2012 document published by the ACMA on its website, as the document existed at the time the spectrum licence limits direction was made.

  Note 1: The HCIS is a naming convention for areas on the Australian Spectrum Map Grid 2012 (ASMG), which is a system used by the ACMA to define geographic areas for radiocommunications licensing. A document describing the ASMG and HCIS, as well as spatial datasets describing each HCIS area could, at the time the spectrum licence limits direction was made, be found on the ACMA’s website (www.acma.gov.au).

  Note 2: A tool to convert lists of HCIS area descriptions into Placemark files to allow the areas to be visualised using computer mapping software could, at the time the spectrum licence limits direction was made, be found on the ACMA’s website (www.acma.gov.au).

insignificant: see subsection 12(4).

metropolitan area has the meaning given in subsection 6(1) of the spectrum licence limits direction.

part of the regional area: see subsection 12(5).

PMTS Class B has the meaning given in the Radiocommunications (Interpretation) Determination 2015.

PTS licence has the meaning given in the Radiocommunications (Interpretation) Determination 2015.

regional area has the meaning given in subsection 6(2) of the spectrum licence limits direction.

relevant band means the part of the spectrum from 3400 MHz to 3700 MHz.

relevant re-allocation declaration means any of the following:

(a)      the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Adelaide and Eastern Metropolitan Australia) Declaration 2018;

(b)      the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Perth) Declaration 2018;

(c)      the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Regional Australia) Declaration 2018.

use, in relation to a part of the spectrum, includes use by operating a radiocommunications device in accordance with a PTS licence for a PMTS Class B service, but does not include the operation of a radiocommunications device in accordance with any other apparatus licence.

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 in the 3.6 GHz band must not result in a person or specified group of persons having permission to use more spectrum in relation to the relevant band in each designated area 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 from 3400 MHz to 3700 MHz 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 3.6 GHz band.  See the spectrum licence limits direction.

 (2) In this instrument, for the purposes of assessing the application of the allocation limits to a product, the Perth combined products are to be treated as a single product.

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 the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product.  For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products.

12 Allocation limits

 (1) Subject to subsections (2), (3), (4) and (5), no person or specified group of persons may, as a result of the allocation of a spectrum licence under this instrument, use:

(a)      more than an aggregate of 60 MHz of the relevant band in each metropolitan area (whether or not at the same location in that metropolitan area);

(b)      more than an aggregate of 80 MHz of the relevant band in each regional area (whether or not at the same location in that regional area).

 (2) Where, immediately prior to any allocation of a spectrum licence under this instrument:

(a)      a person or specified group of persons is entitled to use one or more parts of the spectrum in the relevant band in a designated area; and

(b)      the aggregate of those parts of the spectrum is not, when expressed in MHz, a whole number that is a multiple of 5;

subsection (1) is to apply in relation to the designated area as though that number were rounded down to the nearest whole number that is, when expressed in MHz, a multiple of 5.

 (3) Where, immediately prior to any allocation of a spectrum licence under this instrument:

(a)      a person or specified group of persons is entitled to use a part of the spectrum in the relevant band within one or more parts of a regional area (but not the entire regional area); and

(b)      the aggregate population of those parts of the regional area is insignificant;

(c)      subsection (1) is to apply as though the person or specified group of persons is not entitled to use that part of the spectrum in those parts of the regional area.

 (4) For the purposes of subsection (3), the aggregate population of one or more parts of a regional area referred to in that subsection is insignificant if, and only if, the aggregate population of those parts of the regional area is less than 15% of the total population of that regional area determined in accordance with the HCIS – List of Population Data document published by the ACMA on its website, as that document existed at the time the spectrum licence limits direction was made.

Note: The HCIS – List of Population Data document is a document published by the ACMA which identifies each Australian Spectrum Map Grid 2012 (ASMG) cell and block by its HCIS identifier and lists the corresponding population based on Census data. The HCIS is a naming convention for areas on the ASMG, which is a system used by the ACMA to define geographic areas for radiocommunications licensing. The document could, at the time the spectrum licence limits direction was made, be found on the ACMA’s website (www.acma.gov.au).

 (5) For the purposes of subsection (3), to the extent that a licence entitles a person to use a part of the spectrum in the relevant band at one or more specified locations, the part of the regional area for each location is so much of the associated area for the location as is within the regional area.

Note 1: For associated area, see subsection 6(3) of the spectrum licence limits direction.

Note 2: This subsection does not affect the meaning of the expression part of the regional area in relation to a licence to the extent that it entitles a person to use a part of the spectrum in the relevant band within a specified area (rather than at a specified location).