1900-1920 MHz and 2010-2025 MHz Bands Frequency Band Plan 2004

Administered by Department of Communications and the Arts

Legislation au F2005B00108 Not in force Legislative Instrument

Legislation content

1900–1920 MHz and 2010–2025 MHz Bands Frequency Band Plan 2004

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Frequency Band Plan under section 32 of the Radiocommunications Act 1992.

Dated 15 December 2004

R HORTON
Chair

A HORSLEY
Deputy Chair

 

Australian Communications Authority

Contents

 1 Name of Frequency Band Plan 

 2 Commencement 

 3 Interpretation 

 4 Purpose of Frequency Band Plan 

 5 Non-application to spectrum affected by section 36 or 153B of the Act 

 6 Purposes for which the 1900–1920 MHz frequency band may be used 

 7 Purposes for which the 2010–2025 MHz frequency band may be used 

 

 

Note   This Frequency Band Plan is introduced to enhance opportunities for apparatus licensing of Broadband Wireless Access (BWA) in the frequency bands it covers (1900–1920 MHz and
2010–2025 MHz). The objectives of this Frequency Band Plan are:

 to promote the deployment of BWA by retaining the primary allocation for the mobile service and for the fixed service where used for point-to-multipoint applications in the
1900–1920 MHz and 2010–2025 MHz bands

 to give priority to BWA by demoting the regulatory status of the allocation for fixed services where used for point-to-point applications from primary to secondary status in the
1900–1920 MHz and 2010–2025 MHz bands after 17 December 2005.

The secondary allocation to the fixed service where used for point-to-point applications in the
1900–1920 MHz and 2010–2025 MHz bands allows for continued use of these bands for this purpose where they do not affect the deployment of BWA.

 

 

1 Name of Frequency Band Plan

  This Frequency Band Plan is the 1900–1920 MHz and 2010–2025 MHz Bands Frequency Band Plan 2004.

2 Commencement

  This Frequency Band Plan commences on the date of its notification in the Gazette.

3 Interpretation

 (1) In this Frequency Band Plan:

Act means the Radiocommunications Act 1992.

definitions determination means the determination made by the Australian Communications Authority under section 54 of the Australian Communications Authority Act 1997, as in force from time to time.

regulations means the Radiocommunications Regulations 1993.

spectrum plan means the Australian Radiofrequency Spectrum Plan made by the Australian Communications Authority under section 30 of the Act, as in force from time to time.

 (2) Unless the contrary intention appears, an expression used in this Frequency Band Plan that is defined in the spectrum plan, the definitions determination or the regulations has the same meaning in this Frequency Band Plan as it has in the spectrum plan, the definitions determination or the regulations.

 (3) However:

 (a) an expression defined in the spectrum plan and in the definitions determination or the regulations has the meaning given in the spectrum plan; and

 (b) an expression defined in the definitions determination and in the regulations (but not in the spectrum plan) has the meaning given in the definitions determination.

Note   The following expressions used in this Frequency Band Plan are defined in the spectrum plan:

 fixed service

 mobile service.

 (4) In this Frequency Band Plan, the range of numbers that identifies a frequency band is taken to include the higher, but not the lower, number.

Example

The 1900–1920 MHz frequency band is made up of radio frequencies that exceed 1900 MHz but do not exceed 1920 MHz.

4 Purpose of Frequency Band Plan

  This Frequency Band Plan makes provision for the purposes for which the following frequency bands may be used:

 (a) 1900–1920 MHz;

 (b) 2010–2025 MHz.

5 Non-application to spectrum affected by section 36 or 153B of the Act

 (1) This Frequency Band Plan does not apply to spectrum that, before the commencement of this Frequency Band Plan:

 (a) was designated to be allocated by issuing spectrum licences; or

 (b) was declared to be subject to re-allocation.

Note   On 11 October 2000, the Minister for Communications, Information Technology and the Arts declared the frequency band 1900–1920 MHz in parts of Australia as part of the spectrum subject to re-allocation by issuing spectrum licences.

 (2) This Frequency Band Plan ceases to apply to spectrum that, after the commencement of this Frequency Band Plan:

 (a) is designated to be allocated by issuing spectrum licences; or

 (b) is declared to be subject to re-allocation.

Note   Under section 36 of the Act, the Minister may designate a particular part of the spectrum to be allocated by issuing spectrum licences. Under section 153B of the Act, the Minister may declare that a specified part of the spectrum is subject to re-allocation by issuing either spectrum licences or apparatus licences.

6 Purposes for which the 1900–1920 MHz frequency band may be used

 (1) Until the end of 17 December 2005, the 1900–1920 MHz frequency band may be used for the following primary services:

 

Primary Services

Fixed Service

(point-to-point)

(point-to-multipoint)

Mobile Service

 (2) On and after 18 December 2005, the 1900–1920 MHz frequency band may be used for the following primary and secondary services:

 

Primary Services

Fixed Service

(point-to-multipoint)

Mobile Service

Secondary Service

Fixed Service

(point-to-point)

7 Purposes for which the 2010–2025 MHz frequency band may be used

 (1) Until the end of 17 December 2005, the 2010–2025 MHz frequency band may be used for the following primary services:

Primary Services

Fixed Service

(point-to-point)

(point-to-multipoint)

Mobile Service

 (2) On and after 18 December 2005, the 2010–2025 MHz frequency band may be used for the following primary and secondary services:

Primary Services

Fixed Service

(point-to-multipoint)

Mobile Service

Secondary Service

Fixed Service

(point-to-point)

 

Overview

The 1900–1920 MHz and 2010–2025 MHz Bands Frequency Band Plan 2004 was enacted by the Australian Communications Authority under section 32 of the Radiocommunications Act 1992. This legislation was introduced to address the need for a clear regulatory framework governing the use of specified frequency bands to enhance opportunities for Broadband Wireless Access (BWA) licensing. The Australian Communications Authority, acting within its legislative mandate, established this Frequency Band Plan to provide clarity and direction for the deployment of BWA technologies in the identified frequency bands. The policy objective is to promote the use of these bands for mobile and fixed services, particularly for point-to-multipoint applications, while ensuring that the deployment of BWA is prioritised. The plan also allows for the continued use of the bands for point-to-point fixed services where it does not hinder the deployment of BWA.

Scope and Application

The 1900–1920 MHz and 2010–2025 MHz Bands Frequency Band Plan 2004 applies to the allocation and usage of specified radio frequency bands within Australia, as designated by the Australian Communications Authority under section 32 of the Radiocommunications Act 1992. This legislation primarily governs the radiocommunications industry and the use of the radio frequency spectrum. It is applicable to entities and persons involved in the deployment and operation of radiocommunications apparatus, including telecommunications providers, broadcasters, and other businesses relying on wireless communication services. The Plan specifies the purposes for which these frequency bands can be used, including mobile services and fixed services, with particular emphasis on the deployment of Broadband Wireless Access (BWA). The Plan ceases to apply to any spectrum designated for allocation by issuing spectrum licences or declared subject to re-allocation after its commencement. Notably, the 1900–1920 MHz and 2010–2025 MHz bands are given priority for BWA, with point-to-point fixed services being demoted from primary to secondary status after 17 December 2005, facilitating the expansion of BWA services.

Key Provisions

The 1900–1920 MHz and 2010–2025 MHz Bands Frequency Band Plan 2004, made under the Radiocommunications Act 1992, sets out the provisions for the use of specified frequency bands. The plan commences on the date of its notification in the Gazette (section 2). This Frequency Band Plan aims to enhance opportunities for apparatus licensing of Broadband Wireless Access (BWA) in the specified bands (section 4). It retains the primary allocation for the mobile service and fixed service for point-to-multipoint applications in the 1900–1920 MHz and 2010–2025 MHz bands, while demoting the regulatory status of the allocation for fixed services where used for point-to-point applications from primary to secondary status after 17 December 2005 (section 6 and 7). The plan does not apply to spectrum that was designated to be allocated by issuing spectrum licences or declared to be subject to re-allocation before or after its commencement (section 5). The obligations under this Frequency Band Plan require compliance with the specified usage of the frequency bands, ensuring that the primary allocations are for mobile and fixed services for point-to-multipoint applications and that secondary allocations allow for continued use of the bands for point-to-point applications without affecting the deployment of BWA. Any entity using these frequency bands must adhere to these allocations and any changes in status that occur post-17 December 2005. Breach of the provisions in this Frequency Band Plan could lead to enforcement actions under the Radiocommunications Act 1992. Offences and penalties for non-compliance are not explicitly stated in this legislative instrument; however, they would typically include fines and other civil or criminal consequences as prescribed under the Act. The maximum penalties for breaches of radiocommunications regulations can be significant, reflecting the importance of compliance with spectrum allocation rules to maintain efficient and orderly use of the radio spectrum.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Spectrum Allocation
Licensing & Registration

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