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RADIOCOMMUNICATIONS ACT 1992 - SECT 39

Marketing plans--unencumbered spectrum

             (1)  On receiving a notice designating a part of the spectrum to be allocated by issuing spectrum licences, the ACMA must also, by written instrument, prepare a marketing plan for issuing spectrum licences that authorise the operation of radiocommunications devices:

                     (a)  at frequencies, within that part of the spectrum, that will not be used under spectrum licences issued in accordance with the conversion plan; and

                     (b)  within the area or areas specified in the notice.

             (2)  The marketing plan is to apply to:

                     (a)  spectrum licences that might be issued that do not replace apparatus licences; and

                     (b)  spectrum licences that are issued under section 58.

             (3)  The marketing plan need not require spectrum licences issued in accordance with it to apply to the whole of the area or areas to which the plan applies.

             (4)  Without limiting the matters that the marketing plan may contain, it may indicate:

                     (a)  the procedures to be followed for issuing spectrum licences in accordance with the plan; and

                     (b)  the timetable for issuing spectrum licences in accordance with the plan; and

                     (c)  how the spectrum dealt with under the plan is to be apportioned amongst the spectrum licences to be issued; and

                     (d)  how much of the spectrum dealt with under the plan is to be reserved for public or community services; and

                     (e)  the conditions, or types of conditions, that may be included in spectrum licences to be issued.

             (5)  In indicating the procedures to be followed for issuing spectrum licences, the plan may, for example, indicate whether the licences are to be allocated by auction, by tender, for a pre-determined price or for a negotiated price.

             (6)  The marketing plan must not be inconsistent with:

                     (a)  the spectrum plan; or

                     (b)  a frequency band plan that relates, wholly or partly, to the part of the spectrum to which the marketing plan relates.



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