9Simplified outline of this Part

9 Simplified outline of this Part

This Part deals with the definition and application of the 1800 MHz allocation limits that apply to the allocation of spectrum licences under this instrument.

The Minister has given the ACMA the 1800 MHz allocation limits direction under subsection 60(10) of the Act, which requires the ACMA to determine procedures that impose limits on the aggregate parts of the spectrum that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may in total be used by members of a specified group of persons in the 1800 MHz band, namely, any person and that person’s associates.

This Part also sets out when two people are affiliated for the purposes of this instrument. Generally, if two people are affiliated, this may affect their ability to be issued spectrum licences for 1800 MHz lots.

This Part also sets out when a person is affiliated with the holder of a spectrum licence in the 1800 MHz band. In determining and applying procedures imposing the allocation limits, the ACMA must take into account spectrum licences to be allocated under this instrument and spectrum licences already issued to a person. Generally, if a person is affiliated with the holder of a spectrum licence in the 1800 MHz band, this may affect the person’s ability to apply for or be issued spectrum licences for 1800 MHz lots.

No allocation limits apply in relation to the 2 GHz lots, the 2.3 GHz lots or the 3.4 GHz lots.