Notice of expiring spectrum licences and invitation for expressions of interest - 27 GHz

Overview

The Radiocommunications Act 1992 was enacted to regulate the use of the radiocommunications spectrum in Australia and to address the growing need for efficient and coordinated management of spectrum resources. The Act establishes a framework for the allocation and use of radio spectrum, ensuring that it is available for various services while preventing interference and promoting innovation. The Australian Communications and Media Authority (ACMA) is the key body responsible for the administration and enforcement of the Act. In this context, the ACMA issues notices regarding the expiration of spectrum licences and invites expressions of interest for new licences, as seen in the recent notice regarding the 27 GHz band spectrum licences set to expire on 17 January 2016. The policy objective of such notices is to facilitate a transparent and competitive process for the allocation of spectrum resources, ensuring that they are used efficiently and in the public interest.

Scope and Application

The Radiocommunications Act 1992, under section 78, pertains to the issuance of notices regarding the expiration of spectrum licences and the solicitation of expressions of interest for new licences. This Act applies to all spectrum licences in the 27 GHz band (26.5 GHz to 27.5 GHz), which were allocated and issued under the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000. The Australian Communications and Media Authority (ACMA) is responsible for administering the provisions of this Act and ensuring compliance. The geographic reach of this legislation is nationwide, as it applies to all spectrum licences within the Australian jurisdiction. The Act does not explicitly state any exclusions or exemptions, but it does provide for the possibility of restricting or extending its application through subordinate instruments. The notice serves to inform relevant parties of the impending expiration of existing licences and invites interested parties to submit expressions of interest for new licences, providing an opportunity for the continued use of the specified spectrum.

Key Provisions

Section 78 of the Radiocommunications Act 1992 (the Act) provides that the Australian Communications and Media Authority (the ACMA) must issue a written notice regarding the expiration of certain spectrum licences and invite expressions of interest for new licences. Specifically, it states that spectrum licences in the 27 GHz band (26.5 GHz to 27.5 GHz) allocated and issued under the Radiocommunications (Spectrum Designation) Notice No.1 of 2000 will expire on 17 January 2016. This notice informs the public that these licences will no longer be valid after the specified date and provides avenues for obtaining further information about the affected spectrum and the licence expiration. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that the ACMA issue a formal notice about the expiry of spectrum licences, ensuring that relevant stakeholders are informed well in advance. Secondly, it requires that individuals or entities interested in obtaining new spectrum licences submit an expression of interest to the ACMA using the provided contact details. This process ensures that the ACMA can efficiently manage the transition from expired licences to new allocations, maintaining an orderly and transparent process for spectrum management. The Act also includes provisions for potential consequences and penalties for non-compliance with its requirements. While the notice itself does not specify penalties, general provisions within the Radiocommunications Act 1992 can impose fines and other penalties for breaches of licence conditions or failure to comply with regulatory requirements. Such penalties can include substantial monetary fines, and in severe cases, legal action could be taken against entities that persistently fail to comply with the Act’s provisions. It is important for entities affected by the expiry of these licences to respond in a timely manner to avoid any potential repercussions.