Radiocommunications (Spectrum Licence Limits—850/900 MHz Band) Direction 2021 (Cth)

Radiocommunications (Spectrum Licence Limits—850/900 MHz Band) Direction 2021

I, Paul Fletcher, Minister for Communications, Urban Infrastructure, Cities and the Arts, give the following direction to the Australian Communications and Media Authority.

Dated 1 August 2021

Paul Fletcher Minister for Communications, Urban Infrastructure, Cities and the Arts

1 Name This instrument is the Radiocommunications (Spectrum Licence Limits—850/900 MHz Band) Direction 2021.

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Note: This table relates only to the provisions of this instrument as originally made.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 Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) ACMA; (b) spectrum; (c) spectrum licence. (1) In this instrument: 800 MHz band means the following parts of the spectrum: (a) 825 MHz to 845 MHz; (b) 870 MHz to 890 MHz. 850/900 MHz band means the parts of the spectrum that are subject to re‑allocation under the re‑allocation declaration. Act means the 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 the re-allocation declaration; (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the re-allocation declaration. carrier has the same meaning as in the Telecommunications Act 1997. HCIS Population Data Document means the document that sets out population data for areas in Hierarchical Cell Identification Scheme levels 1 to 4 in the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) - List of Population Data published by the ACMA on its website, as that document existed at the time this instrument was made.