5Direction

5 Direction

(1) I direct the ACMA to determine allocation procedures under subsection 60(1) of the Act that impose limits on the aggregate of the parts of the spectrum 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 accordance with this section. (2) The limits imposed must: (a) apply to the allocation of spectrum licences in the 3.6 GHz band enabled by a relevant re-allocation declaration; (b) apply in relation to the relevant band in each designated area; (c) ensure that no person or specified group of persons may, as a result of the allocation of a spectrum licence that is enabled by a relevant re-allocation declaration, use: (i) 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); (ii) 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); (d) where, immediately prior to any allocation of a spectrum licence that is enabled by a relevant spectrum re-allocation declaration: (i) 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 (ii) the aggregate of those parts of the spectrum is not, when expressed in MHz, a whole number that is a multiple of 5; 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; (e) where, immediately prior to any allocation of a spectrum licence that is enabled by a relevant spectrum re-allocation declaration: (i) 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 (ii) the aggregate population of those parts of the regional area is insignificant; 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. (3) For the purposes of paragraph (2)(e), the aggregate population of one or more parts of a regional area referred to in that paragraph 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 document published by the ACMA on its website, as that document existed at the time this instrument 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 this instrument was made, by found on the ACMA’s website ().