Part 4ACertain licences within the 400MHz frequency band

Part 4A—Certain licences within the 400MHz frequency band

401A Annual amount of tax for spectrum access

(1) If: (a) a spectrum access under a licence referred to in Part 2, 3 or 4 of this Schedule authorises the operation of a radiocommunications transmitter on a frequency within either of the following frequency ranges: (i) 452.5‑453 MHz; (ii) 462‑462.5 MHz; and (b) in the period starting on the variation day and ending on 31 December 2011 all the following conditions are met: (i) the holder of the licence surrenders the licence; (ii) the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications transmitter on either of the following terms: (A) the transmitter would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued, and on a frequency within the frequency range 440‑450 MHz or 469.9875‑520 MHz for a period ending no later than 31 December 2015; or (B) the transmitter would operate on a frequency within the frequency range 440‑450 MHz or 469.9875‑520 MHz for a period ending no later than 31 December 2015; (iii) the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and (iv) the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence; the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 202, 302 or 402 (as the case may be) divided by 2. (2) If: (a) a spectrum access under a licence referred to in Part 2, 3 or 4 of this Schedule authorises the operation of a radiocommunications transmitter on a frequency within the frequency range 469.4875‑469.9875 MHz; and (b) in the period starting on the variation day and ending on 31 December 2011 all the following conditions are met: (i) the holder of the licence surrenders the licence; (ii) the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications transmitter on either of the following terms: (A) the transmitter would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued, and on a frequency within the frequency range 462‑462.5 MHz or 469.9875‑520 MHz for a period ending no later than 31 December 2015; or (B) the transmitter would operate on a frequency within the frequency range 462‑462.5 MHz or 469.9875‑520 MHz for a period ending no later than 31 December 2015; (iii) the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and (iv) the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence; the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 202, 302 or 402 (as the case may be) divided by 2. (3) If: (a) a spectrum access under a licence referred to in Part 2, 3 or 4 of this Schedule authorises the operation of a radiocommunications transmitter on a frequency within either of the following frequency ranges: (i) 453‑457.50625 MHz; (ii) 462.5‑467.50625 MHz; and (b) the licence is used for government purposes; and (c) in the period starting on the variation day and ending on 31 December 2013 all the following conditions are met: (i) the holder of the licence surrenders the licence; (ii) the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications transmitter on either of the following terms: (A) the transmitter would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2014, whichever is the sooner, and on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015; or (B) the transmitter would operate on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015; (iii) the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and (iv) the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence; the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 202, 302 or 402 (as the case may be) divided by 2. (4) If: (a) a spectrum access under a licence referred to in Part 2, 3 or 4 of this Schedule authorises the operation of a radiocommunications transmitter on a frequency within either of the following frequency ranges: (i) 457.50625‑459.9875 MHz; (ii) 467.50625‑469.4875 MHz; and (b) the licence is used for purposes other than government purposes; and (c) in the period starting on the variation day and ending on 31 December 2013 all the following conditions are met: (i) the holder of the licence surrenders the licence; (ii) the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications transmitter on either of the following terms: (A) the transmitter would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2014, whichever is the sooner, and on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015; or (B) the transmitter would operate on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015; (iii) the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and (iv) the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence; the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 202, 302 or 402 (as the case may be) divided by 2. (5) If: (a) a spectrum access under a licence referred to in Part 2, 3 or 4 of this Schedule authorises the operation of a radiocommunications transmitter on a frequency that is not in the harmonised government band or any of the following frequency ranges: (i) 452.5‑457.50625 MHz; and (ii) 462‑467.50625 MHz. (b) the licence is used for government purposes; and (c) in the period starting on the variation day and ending on 31 December 2014 all the following conditions are met: (i) the holder of the licence surrenders the licence; (ii) the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications transmitter on either of the following terms: (A) the transmitter would operate on a frequency within a frequency range not in the harmonised government band for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2015, whichever is the sooner, and on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015; or (B) the transmitter would operate on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015; (iii) the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and (iv) the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence; the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 202, 302 or 402 (as the case may be) divided by 2. (6) If: (a) a spectrum access under a licence referred to in Part 2, 3 or 4 of this Schedule authorises the operation of a radiocommunications transmitter on a frequency within any frequency range in the harmonised government band, other than any of the following frequency ranges: (i) 457.50625‑459.9875 MHz; and (ii) 467.50625‑469.9875 MHz. (b) the licence is used for purposes other than government purposes; and (c) in the period starting on the variation day and ending on 31 December 2014 all the following conditions are met: (i) the holder of the licence surrenders the licence; (ii) the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications transmitter on either of the following terms: (A) the transmitter would operate on a frequency within any frequency range in the harmonised government band for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2015, whichever is the sooner, and on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015; or (B) the transmitter would operate on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015; (iii) the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and (iv) the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence; the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 202, 302 or 402 (as the case may be) divided by 2.