Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 (Cth)

Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under sections 86 and 88 of the Radiocommunications Act 1992.

Dated 2^nd September  2005

LYN MADDOCK

Chair

C. CHEAH

Deputy Chair

Australian Communications and Media Authority

Contents

1Name of Determination   2

2Commencement   2

3Purpose of Determination   2

4Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 — non-application to Defence   2

5Definitions   2

6Approval of form   3

8Restrictions on trading   3

9Information to be given to ACMA   3

Schedule 1Standard trading unit   5

1. Name of Determination

This Determination is the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005.

1. Commencement

This Determination commences on the day after it is registered.

1. Purpose of Determination

This Determination sets out the rules for the assignment, by trade, of spectrum licences in cases where the licensee is Defence.

Note Under section 88 of the Radiocommunications Act 1992, the ACMA may determine rules for the assignment of spectrum licences and the circumstances in which licences can be varied, issued or cancelled as a result of assignments.

1. Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 — non-application to Defence

The Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 does not apply in relation to Defence.

1. Definitions

In this Determination:

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

Defence means the Department of Defence.

Defence spectrum licence means a licence allocated to Defence.

licence means a spectrum licence.

licensee means the holder of a licence.

Register means the Register of Radiocommunications Licences established under section 143 of the Act.

standard trading unit (or STU), in relation to a Defence spectrum licence applicable to a frequency band described in Schedule 1, means the smallest unit of spectrum space for which the ACMA will issue a licence or register trading in a specified frequency band.

trade, in relation to a Defence spectrum licence, means assign or otherwise deal with the whole or a part of the Defence spectrum licence.

trading form means the form approved by the ACMA under section 6.

Note   The following terms, used in this Determination, are defined in the Radiocommunications Act 1992 and have the meanings given to them by that Act:

·         Australia

·         frequency band

·         spectrum licence.

1. Approval of form

The ACMA must approve, in writing, a trading form for the purposes of trading in Defence spectrum licences.

1. What may be traded

Defence may trade the whole of a Defence spectrum licence to an existing licensee or to another person.

Note Trading in a Defence spectrum licence will not take effect before the trading is registered: see section 86 of the Act.

1. Restrictions on trading

(1)   Defence may not trade a part of a Defence spectrum licence that is less than a whole Standard Trading Unit (STU) as specified in Schedule 1.

(2) If Defence trades a Defence spectrum licence, the ACMA may vary the licence conditions, under section 87 of the Act, to ensure that Defence-specific licence conditions are not applied in the new licence to a non-Defence licensee.

(3)   Defence may not trade a Defence spectrum licence for the purpose of providing security for a loan.

(4)   Defence may request in writing that the ACMA vary the value of an STU, for a particular Defence spectrum licensed frequency band, in order to give effect to a trade.

(5)   Subsection (4) does not, by implication:

(a)    modify or alter the requirements in subsections (1) to (3); or

(b)    limit the powers of the ACMA under the Act to make or vary spectrum licence conditions.

Note 1 Section 68 of the Act permits a licensee to authorise other persons to operate devices under the licence.

Note 2 To give effect to a trade the ACMA may vary a licence or the conditions of a licence, or issue or cancel licences: see section 87 of the Act.

1. Information to be given to ACMA

(1)   For subsection 86 (1) of the Act, the information to be given to the ACMA about the trade of a Defence spectrum licence must include the name and postal address of the person to whom the Defence spectrum licence is being traded.

Note 1 Section 86 of the Act requires parties to an assignment to give the ACMA such information about the assignment as the ACMA requires to amend the Register.

Note 2 To give effect to a trade the ACMA may vary a licence or the conditions of a licence, or issue or cancel licences: see section 87 of the Act.

Note 3 The ACMA must make the changes to the Register that are necessary as a result of trading: see section 146 of the Act.

(2)   The information must be given to the ACMA on the trading form.

Schedule 1        Standard trading unit

(section 5, definition of standard trading unit)

Item	Frequency band	Bandwidth restrictions Geographic restrictions
1	20.2 – 21.2 GHz	1 GHz Whole of Australia
2	30 – 31 GHz	1 GHz Whole of Australia