Multipoint Distribution System Band Plan (Amendment) 1992 No. 156
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 156
MULTIPOINT DISTRIBUTION SYSTEM BAND PLAN (AMENDMENT)
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS
Part IV of the Radiocommunications Act 1983 (the Act) provides a basis for planning the use of the radio frequency spectrum. The primary planning instrument is the spectrum plan which divides the radio frequency spectrum into a number of bands and specifies the general purpose or purposes for which each band may be used.
Subsection 19(1) of the Act provides that the Minister may prepare for each band a frequency band plan not inconsistent with the spectrum plan.
Subsection 19(2) allows for a frequency band plan to make provision for and in relation to the purpose or purposes for which the band may be used (including any particular frequency or frequency channel).
Subsection 19(3) provides that a frequency band plan may be made either generally or as otherwise provided and, in particular, may apply with respect to a specified area or a specified period.
Subsections 20(1) and (2) of the Act require publication of a proposed frequency band plan prior to promulgation, with an invitation for interested persons to make representations. The Minister is required to give due consideration to any representations.
Subsection 20(4) of the Act enables the Minister to prepare a plan without prior publication and consideration of representations if the Minister is satisfied that the preparation of the plan is a matter of urgency.
The Multipoint Distribution System Band Plan (the Band Plan) (Statutory Rules 1988 No. 181) was notified in the Commonwealth of Australia Gazette on 8 July 1988. The Band Plan was amended by Statutory Rules 1990 No. 449, which was notified in the Commonwealth Gazette on 21 December 1990.
Clause 3 of the Band Plan sets out the primary and secondary purposes for which the bands 2076 to 2111 MHz and 2300 to 2400 MHz may be used. The primary purpose is identified as "Fixed Service - Multipoint Distribution Systems only".
Multipoint Distribution Systems (MDS) allow transmissions on a bandwidth broad enough for sound and full-motion pictures to multiple receivers. As such they allow a range of commercial applications, including pay-television. When pay-television is
allowed to proceed from 1 October 1992, there could be a strong demand for MDS channels to deliver such services.
Clause 4 of the Band Plan makes further provisions for and in relation to the purposes identified in clause 3.
Subclause 4(1) divides the possible range of MDS services into five categories.
Subclause 4(2) provides that during stage I (until a day specified in a Proclamation made under sub-section 24A(3) of the Act) frequencies in the band may only be assigned for services in categories 1 to 4, up to a total of 13 frequencies at each location, with 6 frequencies at each location reserved for Stage II.
Subclause 4(j) provides that during Stage II (from and including a day specified in a Proclamation made under subsection 24A(3) of the Act) frequencies in the band may only be assigned at each location for services in categories 1 to 5.
Section 24A of the Act prohibits the licensing of domestic pay-television services. The Governor-General has made a Proclamation specifying that the prohibition (commonly referred to as the pay-television moratorium) will cease to apply from 1 October 1992.
The Government has decided that pay-television should be able to be provided using a range of technologies, including satellite, optical fibre and MDS. The Government has also agreed that the Act be amended to allow MDS frequencies to be allocated by price-based mechanisms such as auctions or tenders.
The Minister for Transport and Communications, being satisfied that the preparing of amendments to the Multipoint Distribution System Band plan was a matter of urgency, signed the amendments to the Band Plan on .......
There is a strong possibility that, prior to the pay television moratorium ending, there could be a rush of applicants for MDS licences to transmit material in categories 1 to 4, with their prime motivation being to position themselves favourably for the grant of MDS licences to transmit pay-television upon the moratorium being lifted. If the above applications were granted it could result in MDS licences being obtained for speculative purposes and frustrate the envisaged allocation of MDS channels for pay- television and other purposes by market based mechanisms.
To provide a legal basis for forestalling such a scenario, the amendment to the Band Plan inserts a new clause 4A which effectively prevents any new MDS licences being granted until 1 October 1992, other than those being regranted or for which an application was lodged before commencement of the new clause.
Overview
The Multipoint Distribution System Band Plan (Amendment) 1992 No. 156, issued under the authority of the Minister for Transport and Communications, amends the Multipoint Distribution System Band Plan as part of the broader Radiocommunications Act 1992. The Act establishes the framework for managing the radio frequency spectrum, including the creation and adjustment of frequency band plans to suit evolving technological and commercial needs. This amendment was introduced to address the potential for an influx of speculative applications for Multipoint Distribution System (MDS) licenses ahead of the lifting of the pay-television moratorium on 1 October 1992. The policy objective is to ensure that MDS frequencies are reserved for actual operational use rather than speculative purposes, facilitating a more orderly and strategic allocation of spectrum resources when the moratorium ends.
The amendment inserts a new clause 4A into the existing Band Plan, which effectively restricts the granting of new MDS licenses until the moratorium on pay-television services is lifted, except for licenses that are being regranted or for which applications were submitted prior to the new clause's commencement. This measure aims to prevent the premature allocation of MDS spectrum for pay-television services and other uses, ensuring that when the moratorium ends, the allocation of these frequencies can be managed through market-based mechanisms like auctions or tenders.
Scope and Application
The Multipoint Distribution System Band Plan (Amendment) 1992 No. 156 pertains to the allocation and usage of radio frequency spectrum within the Multipoint Distribution System (MDS) band, specifically for the frequencies ranging from 2076 to 2111 MHz and 2300 to 2400 MHz. This amendment applies to entities and individuals involved in the operation and provision of MDS services, particularly those intending to offer services such as pay-television, which are expected to surge in demand following the lifting of the pay-television moratorium on 1 October 1992. The amendment is issued under the authority of the Minister for Transport and Communications and operates within the jurisdictional scope of the Commonwealth of Australia, as dictated by the Radiocommunications Act 1992. This Act mandates the planning and management of radio frequency spectrum, allowing the Minister to prepare frequency band plans that align with the overarching spectrum plan. The amendment introduces a new clause 4A to the existing Band Plan, restricting the issuance of new MDS licences until 1 October 1992, except for those that are being regranted or for which applications were submitted prior to the commencement of the new clause. This measure is intended to prevent speculative applications for MDS licences that could otherwise disrupt the planned allocation of MDS channels for pay-television and other services through market-based mechanisms.
Key Provisions
The Multipoint Distribution System Band Plan (Amendment) 1992 No. 156 amends the Multipoint Distribution System Band Plan (Band Plan) to manage the allocation of frequencies for multipoint distribution systems (MDS) ahead of the lifting of the pay-television moratorium on 1 October 1992. Section 4A of the Amendment introduces a temporary restriction on the issuance of new MDS licences, with the primary objective of preventing the speculative acquisition of MDS frequencies by entities that might not use them for their intended purpose, such as fixed service through multipoint distribution systems (sections 3 and 4). This measure is intended to ensure that frequencies are available for pay-television and other designated uses when the moratorium ends.
Under the Radiocommunications Act 1983, the Minister for Transport and Communications has the authority to prepare frequency band plans for specific bands that align with the overarching spectrum plan. This includes specifying the purposes for which each band may be used, which in the case of the amended Band Plan, pertains to the frequencies between 2076 to 2111 MHz and 2300 to 2400 MHz (sections 19 and 20). The Amendment requires that new MDS licences not be granted until 1 October 1992, except for those that are being regranted or for which an application was submitted before the new clause came into effect. This is to ensure that the allocation of MDS channels can be managed effectively through market-based mechanisms, such as auctions or tenders, once the pay-television moratorium is lifted.
The obligations imposed by the Amendment include ensuring that new MDS licences are not issued until the specified date, unless they fall under the exceptions outlined in clause 4A of the Band Plan. Additionally, the Amendment mandates that any proposed changes to the Band Plan be considered, with an opportunity for public consultation, unless the Minister determines that the changes are urgent. The Amendment also specifies that frequencies in the specified bands may only be assigned for services in categories 1 to 4 during Stage I, with Stage II allowing for the assignment of frequencies for services in categories 1 to 5. The purpose of these categories is to organize the types of services that can use the MDS frequencies.
In the event of a breach of the provisions of the amended Band Plan, there are potential civil and criminal consequences. While the specific penalties are not detailed in the Amendment itself, breaches of the Radiocommunications Act 1983 can lead to substantial fines and, in serious cases, imprisonment. The exact penalties would be determined based on the specific nature and severity of the breach, as well as any relevant case law or regulations. The Amendment's primary focus is on preventing speculative licence acquisitions that could disrupt the orderly allocation of MDS frequencies for legitimate uses once the pay-television moratorium ends.