Radiocommunications Regulations 2001

15C Whether radio licence is not in sufficient use
  • (1) The chief executive must consider 1 or more of the following when determining whether a radio licence is not in sufficient use:

    • (a) the use that has been made of the licence:

    • (b) the use of the licence in light of the licence's terms, conditions, and restrictions (for example, the actual power of transmissions as compared with the maximum power specified on the licence):

    • (c) the amount and pattern of use of the licence compared with licences that authorise—

      • (i) similar types of transmission; or

      • (ii) the use of similar types of transmitting equipment:

    • (d) whether the licensee has the use of suitable transmitting equipment to conduct the transmission of radio waves under the licence:

    • (e) the time reasonably required to acquire and install the equipment necessary to conduct the transmission of radio waves under the licence:

    • (f) whether the licensee is able to provide the same or equivalent service as the service that may be provided under the licence via—

      • (i) another radio licence or spectrum licence held by the licensee; or

      • (ii) a telecommunications network available to the licensee:

    • (g) any other relevant considerations:

    • (h) any special circumstances justifying the continuation of the licence.

    (2) For the purpose of determining whether a licence is not in sufficient use, the chief executive may request the licensee to make declarations relating to 1 or more of the matters referred to in subclause (1)(a) to (h).

    (3) The licensee must provide declarations in response to a request under subclause (2) within 20 working days.

    (4) The chief executive may request further information or declarations from the licensee, and, if so, the licensee must provide the information or declarations within 20 working days.

    (5) A licensee's failure to provide information or declarations in accordance with subclause (2), (3), or (4) must be treated as meaning that the licence is not in sufficient use.

    Regulation 15C: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).