Australian Radiofrequency Spectrum Plan Variation 2011 (No. 1)

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Australian Radiofrequency Spectrum Plan Variation 2011 (No. 1)

Radiocommunications Act 1992

Purpose

The Australian Radiofrequency Spectrum Plan Variation 2011 (No. 1) (the Variation) varies the Australian Radiofrequency Spectrum Plan 2009 (the Spectrum Plan).

Legislative Provisions

The Variation is made under section 34 of the Radiocommunications Act 1992 (the Act). Section 34 of the Act provides that ACMA may, at any time, revoke or vary a spectrum plan.

A spectrum plan variation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).

Background

The ACMA established the Mid West radio quiet zone (RQZ) on 11 April 2005 with the introduction of Embargo 41. The RQZ aims to maintain the ‘radio-quietness’ of a site in remote Western Australia, near Boolardy Station, around 300 km North West of Geraldton. The area has very low levels of radiofrequency energy because of its low population and remote location.

The purpose of the RQZ is to facilitate the development and use of new radioastronomy technologies at that location, and support Australia's bid to host the Square Kilometre Array (SKA). In the period since 2005, the Murchison Radioastronomy Observatory (MRO) has been developed at the centre of the RQZ.[1] Major national and international radioastronomy projects are already under construction at that site.

Part 2 of the Spectrum Plan contains the Table of Frequency Band Allocations, with column 2 of that table setting out the frequency band allocations for Australia.  Radioastronomy services are provided for in only certain frequency band allocations (e.g. 150.05 – 153 MHz, 322 - 328.6 MHz, 1400 – 1427 MHz etc) and currently these allocations do not cover the broad range of frequencies in which the SKA is proposed to operate.

Concurrent with the Variation, the ACMA is to make the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011 (the Band Plan). The enhanced protections introduced by the Band Plan are designed to provide adequate protection for radioastronomy activities in the RQZ to support the development of the premier radioastronomy facility in the world, while imposing the lowest feasible regulatory burdens and compliance costs on other spectrum users in the region.

Operation

This Variation varies the Spectrum Plan to enable the use of radioastronomy services in a frequency band allocation in circumstances where the ACMA has made a frequency band plan providing for that use.

Consultation

Section 17 of the LIA requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken before making a legislative instrument.  Sections 33 and 34 of the Act also require that a Gazette notice explaining the spectrum plan variation be published and a period of at least one month be provided for public comment.

On 8 October 2010 the ACMA commenced a public consultation process to explore a proposal to strengthen existing measures to protect the Mid West RQZ around the MRO. The ACMA made a media release and published a page on its website describing the issues for comment, the process for contributing to the consultation and providing a copy of a discussion paper.[2]

The discussion paper proposed that the ACMA introduce a legislative basis for the existing administrative arrangements around the Mid West RQZ in order to provide greater certainty for all parties. This would include action to:

         introduce a Mid West RQZ frequency band plan that would, among other things, replace Embargo 41 and largely duplicate its provisions

         extend the lower boundary of the protected frequency range from 100 MHz to
70 MHz to enable the requirements of the SKA bid to be met

         make consequential amendments to the Australian Radiofrequency Spectrum Plan to enable the introduction of the band plan

         leave the existing RALI MS32 in place

         further highlight the protection mechanisms by cross-referencing them in relevant spectrum, class and apparatus licence conditions.

Two Gazette notices were published on 12 October 2010. Gazette notice No. S171 set out the ACMA’s intention to make a new frequency band plan, as per its proposal in the discussion paper, along with a consequential amendment to the Spectrum Plan. Gazette notice No. S172, in compliance with the consultation requirements for class licence variations under section 136 of the Act, provided a notice that the ACMA proposed to vary several instruments and sought public comments about the proposals.

Submissions to the consultation were initially due on 17 November 2010, but at the request of stakeholders the deadline was extended to 17 December 2010. Twenty responses were received, 19 from the stakeholders listed below and one confidential submission.  They are available on the ACMA website.

Submissions indicated a diverse group of stakeholders with polarised and complex concerns regarding the ACMA proposal. Stakeholders, while generally supportive of the SKA, raised a number of concerns regarding the potential impacts of the proposed measures, which were addressed in the revised approach.

In particular, some key themes emerged from the responses as follows:

         certainty—a desire for greater technical and regulatory certainty, particularly around the role of the MRO;

         access to spectrum—ensuring that arrangements did not unnecessarily restrict access to spectrum by other users in the region, particularly major mining and infrastructure projects;

         SKA bid—ensuring that the technical and radio quiet requirements for the SKA project are met.

No stakeholders expressed concern with the making of consequential amendments to the Spectrum Plan.

Following its consideration of the diverse comments of stakeholders on its discussion paper, and further, targeted consultation on proposed revisions to the package of measures, the ACMA has implemented revised arrangements to enhance regulatory protections for radio quiet in the Mid West RQZ.

Regulatory Impact

The Office of Best Practice and Regulation (OBPR) has considered the matter and formed the opinion that no regulatory impact analysis is required for the Variation. The OBPR reference number is ID12615.

Variation Details

Further details of the Variation are provided in the Attachment.

ATTACHMENT

NOTES ON SECTIONS

Section 1  Name of Variation

Section 1 provides the name of the Variation.

Section 2  Commencement

Section 2 provides that the Variation commences on the day after it is registered.

Section 3  Variation of the Australian Radiofrequency Spectrum Plan 2009

Section 3 provides that Schedule 1 to the Variation varies the Spectrum Plan.

Schedule 1 Variation

Item 1

Item 1 varies the Spectrum Plan to insert new subsection 10 (8) to provide that a frequency band may be used for radioastronomy services in circumstances where the ACMA has made provision for that use in a frequency band plan.

[1] The site is located in the Murchison Shire near the Boolardy station, centred 26.704167 South, 116.658889 East (GDA94 datum).

[2] ACMA (2010) Mid West Radio Quiet Zone – Discussion paper on proposed regulatory measures, October 2010, available at: http://www.acma.gov.au/WEB/STANDARD/pc=PC_312298