Multipoint Distribution System Frequency Band Plan 2000

Legislation au C2004L06678 Not in force Legislative Instrument

Legislation content

Multipoint Distribution System Frequency Band Plan 2000

made under Sections 32 and 34 of the

Radiocommunications Act 1992

[Note  This instrument was revoked by 2.1 GHz Band Frequency Band Plan 2002]

Contents

Page

 1 Name of Frequency Band Plan 

 2 Commencement 

 3 Revocation of Multipoint Distribution System Band Plan 

 4 Definitions 

 5 Purpose of Frequency Band Plan 

 6 Non-application if spectrum licence in force 

 7 Purposes for which the 2076-2110 MHz frequency band may be used             

 8 Purposes for which the 2110-2111 MHz frequency band may be used             

 9 Purposes for which the 2300-2400 MHz frequency band may be used             

 

 

 

 

 

Introductory Note

This Plan revokes the Multipoint Distribution System Band Plan that has been in place since 1988 and introduces a new plan for the frequency bands it covers (2076-2111 MHz and 2300-2400 MHz). The main objectives underlying the changes are:

  • to set a termination date (26 July 2002) for allocation of the 2076-2111 band to MDS
  • to provide for the 2110-2111 MHz segment of that band to be used, after 26 July 2002, for new mobile phone technologies (known as IMT2000)
  • to provide for the remainder of that band (2076-2110 MHz) to be used for fixed point-to-point services that will be cleared from other parts of the spectrum to make way for IMT-2000.

1 Name of Frequency Band Plan

  This Frequency Band Plan is the Multipoint Distribution System Frequency Band Plan 2000.

2 Commencement

  This Frequency Band Plan commences on gazettal.

3 Revocation of Multipoint Distribution System Band Plan

  The following statutory rules are revoked:

  1988 No. 181

  1990 No. 449

  1992 Nos. 156 and 305.

4 Definitions

 (1) In this Frequency Band Plan:

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.

multipoint distribution system (MDS) means a fixed service comprising a multipoint distribution station, at least 4 multipoint distribution station receivers and any number of multipoint distribution repeater stations, as required.

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 Radiocommunications Act 1992, 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 1   The following expressions used in this Frequency Band Plan are defined in the spectrum plan:

amateur service, earth exploration-satellite service, fixed service, mobile service, radiolocation service, space operation service and space research service.

Note 2   The following expressions used in this Frequency Band Plan are defined in the regulations:

multipoint distribution repeater station, multipoint distribution station and multipoint distribution station receiver.

 (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 2076-2110 MHz frequency band is made up of radio frequencies that exceed 2076 MHz but do not exceed 2110 MHz.

5 Purpose of Frequency Band Plan

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

 (a) 2076-2110 MHz;

 (b) 2110-2111 MHz;

 (c) 2300-2400 MHz.

6 Non-application if spectrum licence in force

  This Plan does not apply to spectrum that has been designated to be allocated by issuing spectrum licences.

Note   On 14 January 2000, the Minister for Communications, Information Technology and the Arts designated the frequency band 2302-2400 MHz throughout Australia as part of the spectrum to be allocated by issuing spectrum licences.

7 Purposes for which the 2076-2110 MHz frequency band may be used

 (1) Until the end of 25 July 2002, the 2076-2110 MHz frequency band may be used for the following primary and secondary services:

primary services

Fixed Service

(MDS)

(point-to-point)

Space Research Service

(Earth-to-space)

(space-to-space)

Space Operation Service

(Earth-to-space)

(space-to-space)

Earth Exploration-satellite Service

(Earth-to-space)

(space-to-space)

secondary service

Mobile Service

 (2) On and after 26 July 2002, the 2076-2110 MHz frequency band may be used for the following primary and secondary services:

primary services

Fixed Service

(point-to-point)

Space Research Service

(Earth-to-space)

(space-to-space)

Space Operation Service

(Earth-to-space)

(space-to-space)

Earth Exploration-satellite Service

(Earth-to-space)

(space-to-space)

secondary service

Mobile Service

8 Purposes for which the 2110-2111 MHz frequency band may be used

  Until the end of 25 July 2002, the 2110-2111 MHz frequency band may be used for the following primary and secondary services:

primary services

Fixed Service

(MDS)

Space Research Service

(deep space)

(Earth-to-space)

secondary service

Mobile Service

Note   The 2110-2111 frequency band ceases to be part of this Frequency Band Plan on 26 July 2002.

9 Purposes for which the 2300-2400 MHz frequency band may be used

  The 2300-2400 MHz frequency band may be used for the following primary and secondary services:

primary service

Fixed Service

(MDS)

secondary services

Amateur Service

Fixed Service

(except MDS)

Mobile Service

Radiolocation Service

 

 

Overview

The Multipoint Distribution System Frequency Band Plan 2000 was enacted under Sections 32 and 34 of the Radiocommunications Act 1992, and it was designed to address the need for a new framework governing the allocation and usage of specific frequency bands. The Radiocommunications Act 1992 was established to facilitate the efficient and orderly use of the radio spectrum, and the 2000 Plan was introduced to replace the outdated Multipoint Distribution System Band Plan from 1988. This legislative instrument, made by the Minister for Communications, Information Technology and the Arts, aimed to provide a modernised and more effective regulatory environment for radiocommunications. The policy objective was to facilitate the transition to new mobile phone technologies while ensuring the continued operation of existing fixed point-to-point services. The Multipoint Distribution System Frequency Band Plan 2000 revokes the existing Multipoint Distribution System Band Plan and introduces new provisions for the frequency bands 2076-2111 MHz and 2300-2400 MHz. The primary objectives of this legislative instrument were to establish a termination date for the allocation of the 2076-2111 MHz band to Multipoint Distribution System (MDS) services, to facilitate the adoption of IMT-2000 mobile phone technologies, and to reallocate the 2076-2110 MHz band for fixed point-to-point services. The Plan also outlines the purposes for which the different frequency bands may be used, providing a clear regulatory framework for stakeholders in the telecommunications sector.

Scope and Application

The Multipoint Distribution System Frequency Band Plan 2000 applies to the allocation and use of specified radiofrequency bands (2076-2111 MHz and 2300-2400 MHz) for radiocommunications services within Australia. The Plan establishes the purposes for which these frequency bands may be used, including for multipoint distribution services, fixed point-to-point services, and mobile services. However, it does not apply to spectrum designated for allocation through issuing spectrum licences, such as the 2302-2400 MHz band designated on 14 January 2000. The Plan also sets a termination date (26 July 2002) for the allocation of the 2076-2111 MHz band to multipoint distribution services, after which this band will be used for new mobile phone technologies. The 2110-2111 MHz segment will cease to be part of this Plan on 26 July 2002. The application of this Plan may be further defined or extended through subordinate instruments made under the Radiocommunications Act 1992.

Key Provisions

The Multipoint Distribution System Frequency Band Plan 2000 (sections 1-9) sets out the regulatory framework for the use of specific frequency bands (2076-2111 MHz and 2300-2400 MHz) in Australia. The Plan revokes the previous Multipoint Distribution System Band Plan that had been in place since 1988 and introduces a new allocation scheme with distinct objectives. The Plan commences upon its gazettal and revokes certain statutory rules made under the Radiocommunications Act 1992. Key definitions include "multipoint distribution system" (MDS) and "spectrum plan," which are further explained in the Australian Radiofrequency Spectrum Plan and other related regulations. The purpose of the Plan is to specify the purposes for which each frequency band may be used, effective from its commencement. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the Plan delineates the permissible uses of the specified frequency bands, distinguishing between primary and secondary services. For instance, the 2076-2110 MHz frequency band is designated for certain primary and secondary services until 25 July 2002, after which it may be used for different primary and secondary services. The 2110-2111 MHz band is intended for specific uses until 25 July 2002, after which it ceases to be part of this Plan. The 2300-2400 MHz band is designated for various primary and secondary services, such as Fixed Service (MDS), Amateur Service, and Radiolocation Service. Compliance with these allocations is mandatory, and entities must ensure they do not operate outside the specified parameters. Breaches of the Multipoint Distribution System Frequency Band Plan 2000 may result in various civil and criminal consequences. While specific penalties are not detailed in the excerpt, breaches of the Radiocommunications Act 1992 can lead to substantial fines and imprisonment under sections 32 and 34, which empower the Australian Communications Authority to enforce the Act. The maximum penalties for contravening the Act can be severe, reflecting the importance of adhering to the designated frequency allocations to maintain spectrum efficiency and avoid interference. Entities found in violation of the Act may face significant legal repercussions, including financial penalties and potential criminal charges, depending on the severity and intent of the breach.

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Communications Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.