Radiocommunications (Spectrum Licence Allocation—Residual 700 MHz Spectrum) Direction 2016
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4 Interpretation
(1) In this instrument:
2x10 MHz lot means the following parts of the spectrum:
(a) 738 MHz to 748 MHz; and
(b) 793 MHz to 803 MHz.
2x5 MHz lot means the following parts of the spectrum:
(a) 733 MHz to 738 MHz; and
(b) 788 MHz to 793 MHz.
ACMA Act means the Australian Communications and Media Authority Act 2005.
allocation procedures means any procedures that are determined under section 60 of the Radiocommunications Act.
associate, in relation to a person, means:
(a) for 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) for an individual:
(i) the individual’s spouse; or
(ii) the individual’s de facto partner (within the meaning of 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 any case—any other person (other than 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 residual 700 MHz spectrum in the designated area; or
(ii) relates to the acquisition of a spectrum licence for residual 700 MHz spectrum in the designated area.
carrier has the same meaning as in the Telecommunications Act 1997.
charges determination means a determination that is made under subsection 294(1) of the Radiocommunications Act and that either fixes spectrum access charges payable by licensees for issuing spectrum licences for residual 700 MHz spectrum in the designated area, or specifies the times when those spectrum access charges are payable, or both.
designated area means the area to which the re-allocation declaration applies, as described in subsection 4(2) of the re‑allocation declaration.
marketing plan means any plan that is made under section 39A of the Radiocommunications Act in accordance with the re‑allocation declaration.