Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 138

  (1)   If a spectrum licence authorises the operation of radiocommunications devices:

  (a)   at one or more frequencies; and

  (b)   within one or more areas;

the ACMA must not issue a class licence that authorises the operation of radiocommunications devices:

  (c)   at those frequencies; and

  (d)   within those areas;

unless subsection   (2) is satisfied.

  (1A)   If a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:

  (a)   at one or more frequencies; and

  (b)   within one or more areas;

the ACMA must not issue a class licence that authorises the operation of radiocommunications devices:

  (c)   at those frequencies; and

  (d)   within those areas;

unless subsection   (2) is satisfied.

  (2)   Before issuing a class licence to which subsection   (1) or (1A) applies:

  (a)   the ACMA must be satisfied that:

  (i)   issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and

  (ii)   issuing the class licence would be in the public interest; and

  (b)   the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence.