Part 2Limits on allocation of spectrum

Part 2—Limits on allocation of spectrum

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.

10 Meaning of 1800 MHz allocation limits

In this instrument, a reference to the 1800 MHz allocation limits is a reference to the limits that, under the 1800 MHz allocation limits direction: (a) must be imposed by the procedures determined in this instrument for the allocation of spectrum licences in the 1800 MHz band; and (b) ensure that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, no person or specified group of persons for the 1800 MHz band may use more than the spectrum specified in Schedule 3 in the 1800 MHz band.

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 1800 MHz band that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may be used by a person or specified group of persons for the 1800 MHz band. See the 1800 MHz allocation limits direction.

11 Meaning of associate

(1) In this instrument, associate, in relation to a person, means: (a) if the person is a body corporate: (i) a director or secretary of the body; or (ii) a related body corporate; or (iii) a director or secretary of a related body corporate; or (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or (b) if the person is an individual: (i) the individual’s spouse; or (ii) the individual’s de facto partner within the meaning given by the Acts Interpretation Act 1901; or (iii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or (iv) a body corporate of which the individual is a director or secretary; or (v) a body corporate that is related to a body corporate of which the individual is a director or secretary; or (c) in all cases – any other person (other than the Commonwealth when represented by the ACMA) who has a relevant agreement with the person that: (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration; or (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration.