Notice of expiring spectrum licences and invitation for expressions of interest - 3.4 GHz band

Overview

The Radiocommunications Act 1992 was enacted to establish a legislative framework for the regulation of radiocommunications in Australia, addressing the need for an efficient and coordinated approach to managing the radio spectrum. This legislation was introduced to ensure the effective use of the radio spectrum and to facilitate the growth of the communications industry. Enacted by the Parliament of Australia, the Act aims to provide for the regulation of radiocommunications and the efficient use of the radio spectrum, including the allocation and licensing of spectrum. The Act outlines the roles and responsibilities of the Australian Communications and Media Authority (ACMA) in managing spectrum resources, ensuring that spectrum is used in the public interest. In accordance with section 78 of the Act, the ACMA issues notices regarding the expiry of certain spectrum licences and invites expressions of interest for new licences, ensuring a transparent and competitive process for spectrum allocation.

Scope and Application

The Radiocommunications Act 1992, under section 78, serves to notify the public of the expiration of certain spectrum licences and invites expressions of interest for new licences. Specifically, it addresses spectrum licences in the 3.4 GHz band, which were initially allocated and issued in accordance with the Radiocommunications (Spectrum Re-allocation) Declaration 2000. These particular licences are set to expire on 13 December 2015. The Act applies to any person or entity holding or interested in obtaining a spectrum licence within the specified band. It operates within the jurisdictional reach of the Commonwealth of Australia and is enforced by the Australian Communications and Media Authority (ACMA). The ACMA is responsible for managing the process and facilitating the submission of expressions of interest, providing detailed information on their website and through direct contact. The Act does not specify exclusions or exemptions within this notice, but it does allow for the extension or restriction of its application through subordinate instruments, ensuring flexibility in the administration of spectrum licences.

Key Provisions

The Radiocommunications Act 1992 (the Act) mandates the Australian Communications and Media Authority (ACMA) to provide written notice of the impending expiry of spectrum licences in the 3.4 GHz band, as outlined in section 78 (subsection a). This notice informs that these licences, which were allocated and issued under the Radiocommunications (Spectrum Re-allocation) Declaration 2000, will expire on 13 December 2015. The Act requires that further details about these licences and the specific spectrum parts to which they pertain can be obtained from the ACMA’s website or by contacting the Manager of the Spectrum Licensing Policy Section. Section 78(b) of the Act invites individuals or entities interested in obtaining spectrum licences for the specified parts of the spectrum to submit an expression of interest to the ACMA. This expression of interest should be directed to the same contact details provided for general enquiries: the Manager of the Spectrum Licensing Policy Section, whose address is PO Box 78, Belconnen ACT 2616. Alternatively, contact can be made via telephone at (02) 6219 5555 or by email to spectrum.outlook@acma.gov.au. The obligations imposed by the Act on parties or entities involve timely submission of expressions of interest by those who wish to continue using the specified spectrum. The Act requires clear and accurate information to be provided, ensuring that the ACMA can evaluate the applications effectively. It is also incumbent upon interested parties to stay informed about the details and requirements of the licences, which can be found on the ACMA’s website or through direct contact with the designated authority. Failure to comply with the provisions of the Act may result in penalties. However, the specific offences, penalties, or consequences for breach are not detailed in the provided extract. Typically, breaches of the Radiocommunications Act can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity and nature of the violation. The maximum penalties for such breaches are outlined in other sections of the Act but are not specified in this particular notice.