7Limit applying to all persons and relevant groups of persons

7 Limit applying to all persons and relevant groups of persons

(1) For this section:

(a) the limits imposed must apply in relation to the sub-1 GHz band in the major population area and the regional area; and
(b) the limits imposed must ensure that no person or relevant group of persons may use:
(i) more than an aggregate of 82 MHz of the sub-1 GHz band under spectrum licences in the major population area; or
(ii) more than an aggregate of 92 MHz of the sub-1 GHz band under spectrum licences in the regional area; and
(c) where, immediately prior to any allocation of a spectrum licence that is enabled by the spectrum re-allocation declaration:
(i) a person or relevant group of persons holds a relevant spectrum licence that authorises the operation of radiocommunications devices in one or more parts of the major population area (but not the entire major population area); and
(ii) the population of that part of the major population area, or the aggregate population of those parts of the major population area, is insignificant;
the relevant spectrum licence is to be treated as if it did not apply in the major population area.

(2) For the purposes of paragraph (1)(c):

(a) a relevant spectrum licence is a spectrum licence in the 800 MHz band that is in force immediately before the deadline for applications for registration under the allocation procedures; and
(b) the population of a part of the major population area is insignificant if, and only if, the population of that part of the major population area is less than 25% of the total population of the major population area determined in accordance with the most recent data in the HCIS Population Data Document; and
(c) the aggregate population of parts of the major population area is insignificant if, and only if, the aggregate population of those parts of the major population area is less than 25% of the total population of the major population area determined in accordance with the most recent data in the HCIS Population Data Document.