Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 153P

             (1)  This section applies if a spectrum re-allocation declaration is in force in relation to a particular part or parts of the spectrum.

             (2)  During the re-allocation period, the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:

                     (a)  at frequencies that are within that part, or those parts, of the spectrum; and

                     (b)  within the area or areas specified in the declaration;

unless:

                     (c)  the licence is issued as mentioned in section 153M (which deals with re-allocation of spectrum by issuing apparatus licences); or

                     (d)  the licence is issued by way of renewal of an apparatus licence (see Division 7 of Part 3.3); or

                   (da)  the licence is issued to a body covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body; or

                   (db)  both:

                              (i)  the licence is a transmitter licence that authorises the operation of one or more radiocommunications transmitters for transmitting one or more broadcasting services (within the meaning of the Broadcasting Services Act 1992 ) in digital mode in a BSA licence area; and

                             (ii)  the transmitter licence is issued during the interim period worked out in relation to the BSA licence area under subsection (4); or

                     (e)  the ACMA is satisfied that the special circumstances of the particular case justify the issuing of the licence.

             (3)  After the end of the re-allocation period, the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:

                     (a)  at frequencies that are within that part, or those parts, of the spectrum; and

                     (b)  within the area or areas specified in the declaration;

unless:

                     (c)  the licence is issued to a body covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body; or

                     (d)  the ACMA is satisfied that the special circumstances of the case justify the issuing of the licence.

             (4)  For the purposes of the application of paragraph (2)(db) to a BSA licence area, the interim period is the period:

                     (a)  beginning at the commencement of this subsection; and

                     (b)  ending at the start of the designated re-stack day (within the meaning of the Broadcasting Services Act 1992 ) for the BSA licence area.