Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (151 of 2020)

Schedule 3   Licences etc.

Part 1   Amendment of the Radiocommunications Act 1992

Radiocommunications Act 1992

68   Subsections 106(3) and (4)

Repeal the subsections, substitute:

(3) A system so determined may:

(a) impose limits on the aggregate of the parts of the spectrum that:

(i) under spectrum licences; and

(ii) under existing transmitter licences; and

(iii) as a result of the allocation or issue of transmitter licences;

may be used by:

(iv) any one person; or

(v) a specified person; or

(b) impose limits on the aggregate of the parts of the spectrum that:

(i) under spectrum licences; and

(ii) under existing transmitter licences; and

(iii) as a result of the allocation or issue of transmitter licences;

may, in total, be used by the members of a specified group of persons.

Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.

(4) A limit imposed as mentioned in subsection (3) may be expressed to apply in relation to any or all of the following:

(a) a specified part of the spectrum;

(b) a specified area;

(c) a specified population reach.

For example, a system might specify an aggregate limit of 15 MHz per person in the band between 1800 MHz and 1900 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (3).

(4A) A system that imposes limits as mentioned in subsection (3) may impose limits of nil in relation to specified persons or to the members of specified groups of persons.