Radiocommunications (Spectrum Licence Limits—3.6 GHz Band) Direction 2018 (Cth)

Radiocommunications (Spectrum Licence Limits—3.6 GHz Band) Direction 2018

Radiocommunications Act 1992

I, MITCH FIFIELD, Minister for Communications, give the following Direction to the Australian Communications and Media Authority under subsection 60(10) of the Radiocommunications Act 1992.

Dated 6 July 2018

MITCH FIFIELD Minister for Communications

1 Name This instrument is the Radiocommunications (Spectrum Licence Limits—3.6 GHz Band) Direction 2018.

2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority This instrument is made under subsection 60(10) of the Radiocommunications Act 1992.

4 Interpretation (1) In this instrument: 3.6 GHz band means the part of the spectrum from 3575 MHz to 3700 MHz. ACMA means the Australian Communications and Media Authority. Act means Radiocommunications Act 1992. associate means: (a) in relation to a person that is a body corporate: (i) a director or secretary of the body; or (ii) a related body corporate; or (iii) a director or secretary of a related body corporate; or (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or (b) in relation to a person that is an individual: (i) the individual's spouse; or (ii) the individual's de facto partner within the meaning of the Acts Interpretation Act 1901; or (iii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or (iv) a body corporate of which the individual is a director or secretary; or (v) a body corporate that is a related body corporate in relation to a body corporate of which the individual is a director or secretary; or (c) in relation to any person (the first person)—any other person (other than the Commonwealth when represented by the ACMA) who is party to a relevant agreement with the first person that either or both: (i) is for the use by one party to the agreement of spectrum licensed to another party to the agreement under a spectrum licence for a part of the spectrum referred to in a relevant re-allocation declaration; (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in a relevant re-allocation declaration. carrier has the same meaning as in the Telecommunications Act 1997. designated area means a metropolitan area or a regional area. Hierarchical Cell Identification Scheme or HCIS means the Hierarchical Cell Identification Scheme used as part of the Australian Spectrum Map Grid 2012 document published by the ACMA on its website, as the document existed at the time this instrument was made. metropolitan area has the meaning given in section 6. PMTS Class B has the meaning given in the Radiocommunications (Interpretation) Determination 2015. PTS licence has the meaning given in the Radiocommunications (Interpretation) Determination 2015. public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997. regional area has the meaning given in section 6. related body corporate has the same meaning as in the Corporations Act 2001. relevant agreement means an agreement, arrangement or understanding: (a) whether formal or informal, or partly formal and partly informal; and (b) whether written or oral, or partly written and partly oral; and (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights; other than a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010. relevant band means the part of the spectrum from 3400 MHz to 3700 MHz. relevant re-allocation declaration means any of the following: (a) the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Adelaide and Eastern Metropolitan Australia) Declaration 2018; (b) the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Perth) Declaration 2018; (c) the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Regional Australia) Declaration 2018. roaming services agreement means an agreement between two or more carriers for the principal purpose of enabling the supply of public mobile telecommunications services by one of those other carriers, in geographic locations where another of those carriers' public mobile telecommunications services are not available. specified group of persons means either of the following: (a) a person and all associates of that person; (b) subject to subsection (3)—any 2 or more groups referred to in paragraph (a) that have at least one member in common. use, in relation to a part of the spectrum, includes use by operating a radiocommunications device in accordance with a PTS licence for a PMTS Class B service, but does not include the operation of a radiocommunications device in accordance with any other apparatus licence. Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) radiocommunications device; (b) spectrum; (c) spectrum licence; (d) apparatus licence. (2) In this direction, a reference to a part of the spectrum includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency. Note: This means the lower number in the reference to a part of the spectrum is not included in the part of the spectrum. (3) An individual is taken not to be a member in common between 2 or more groups that are comprised of a person (relevant person) and the associates of that relevant person where all of the following apply: (a) the individual is providing services as a company secretary of one or more related bodies corporate of the relevant person in each of the groups; (b) the individual is not providing those services as an employee of or direct contractor to any of those related bodies corporate, but as an employee of or contractor to a person that: (i) is not in any of the groups; and (ii) has been engaged by each of those related bodies corporate, under a contract or other legally binding arrangement, to provide the services of a company secretary; (c) the individual is not a director of any of those relevant persons or related bodies corporate; (d) each of those related bodies corporate is incorporated outside Australia.