EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Australian Radiofrequency Spectrum Plan Variation 2013 (No. 1)
Radiocommunications Act 1992
Purpose
The Australian Radiofrequency Spectrum Plan Variation 2013 (No. 1) (the Variation) varies the
Australian Radiofrequency Spectrum Plan 2013 (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 the ACMA may, at any time, revoke or vary a spectrum plan.
The Variation is a legislative instrument under the Legislative Instruments Act 2003 (the LIA).
Background
Operation
This Variation varies the Spectrum Plan to remove the AUS101A footnote from the fixed and mobile allocations in the 4940–4990 MHz frequency range (the 4.9 GHz band). The Variation applies footnote AUS102A to enable the use of radiocommunications devices to provide public safety and emergency response services within this range. The scope of footnote 102A provides for services “intended to be used principally for the purposes defence of Australia, law enforcement and emergency services”.
Consultation
The ACMA has consulted extensively with stakeholders about the use of the 4.9 GHz band to support public safety and emergency response services. In 2011, the ACMA undertook targeted consultation with representatives of government agencies responsible for providing public safety services on the proposed spectrum management arrangements within the 4.9 GHz band. The parties consulted included the National Coordination Committee for Government Radiocommunications, the Law Enforcement and Security Radio Spectrum Committee and the Department of Defence.
A public consultation pack was released to give interested parties an opportunity to comment on the proposed arrangements for the 4.9 GHz band. These arrangements included amending the footnote in the Spectrum Plan for fixed and mobile services in the 4.9 GHz band.
The ACMA received six submissions with four submissions from stakeholders who were involved in the initial targeted consultation. After considering the submissions, the ACMA agreed that the proposed new footnote to the Spectrum Plan was too restrictive and would not fully support the functions of public safety agencies. A revised footnote (AUS102A) that was already used and listed in other sections within the Spectrum Plan would be used instead. This footnote is considered to be less limiting and also helps potential users identify which specific parties should be consulted when access to the band is required.
Regulatory Impact
Prior to releasing the draft of the Variation, the ACMA consulted with the Office of Best Practice Regulation (the OBPR) on the requirement for a Regulation Impact Statement (RIS) for this legislative instrument. The OBPR advised that the Variation does not warrant the preparation of a RIS because it is only likely to have minor and machinery impacts. The reference for the OBPR’s assessment is ID 13725.
Detailed Description of the Instrument
Details of the instrument are set out in Attachment A.
Statement of Compatibility with Human Rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. This statement is Attachment B.
ATTACHMENT A
DETAILS OF THE AUSTRALIAN RADIOFREQUENCY SPECTRUM PLAN VARIATION 2013 (NO. 1)
Section 1 Name of Variation
This section provides the name of the Variation.
Section 2 Commencement
This section provides that the Variation commences on the day after it is registered. The note to the section outlines where the Variation will be registered.
Section 3 Variation of the Australian Radiofrequency Spectrum Plan 2013
This section provides that Schedule 1 to the Variation varies the Spectrum Plan.
Schedule 1 Variation
Part 2, MHz 4400 – 5030 item with the range 4800 – 4990
The item varies the Australian Table of Allocations for the frequency range 4800–4990 MHz in the Spectrum Plan. This is performed by splitting the relevant item and removing footnote AUS101A from the frequency range 4940–4990 MHz and adding footnote 102A onto this section of the band. The frequency range 4800–4940 MHz will remain the same as previously shown in the Australian Table of Allocations.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Radiofrequency Spectrum Plan Variation 2013 (No. 1)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule‑maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
The Variation is a legislative instrument that is subject to disallowance under section 42 of the Legislative Instruments Act 2003.
Human Rights Implications
The Variation does not engage any of the applicable rights or freedoms.
Conclusion
The Variation is compatible with human rights as it does not raise any human rights issues.