Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where the Minister has, under subsection 31(1) of the Radiocommunications Act 1992 , referred a part of the radiofrequency spectrum to the ACMA for planning, the ACMA must prepare in writing a frequency allotment plan that determines the number of channels that are to be available in particular areas of Australia to provide broadcasting services or restricted datacasting services, or both, using that part of the radiofrequency spectrum.
(2) The ACMA may, by notice in writing, vary a frequency allotment plan prepared under subsection (1).
(2A) If the Minister has, under subsection 31(1A) of the Radiocommunications Act 1992 , referred a part of the radiofrequency spectrum to the ACMA for planning, the ACMA must, by legislative instrument, prepare a frequency allotment plan that determines the number of channels that are to be available in particular areas of Australia to provide the following services using that part of the radiofrequency spectrum:
(a) digital commercial radio broadcasting services;
(b) digital community radio broadcasting services;
(c) digital national radio broadcasting services;
(d) restricted datacasting services.
(2B) The ACMA may, by legislative instrument, vary a frequency allotment plan prepared under subsection (2A).
(3) In preparing or varying a frequency allotment plan, the ACMA must comply with any directions, whether of a general or specific nature, given to the ACMA in writing by the Minister.
(4) Sections 23, 24 and 27 do not apply in relation to the preparation or variation of a frequency allotment plan to the extent to which the frequency allotment plan or the variation, as the case may be, relates to any of the following services:
(a) digital commercial radio broadcasting services;
(b) digital community radio broadcasting services;
(c) digital national radio broadcasting services;
(d) restricted datacasting services.
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