Radiocommunications (Class of Services) Determination 2012

Administered by Department of Communications and the Arts

Legislation au F2012L00235 Not in force Legislative Instrument

Legislation content

Radiocommunications (Class of Services) Determination 2012

made under subsection 82(3) of the

Radiocommunications Act 1992

Compilation No. 1

Compilation date:    11 November 2015

Includes amendments up to: Radiocommunications (Class of Services) Amendment (Removal of 27 GHz Band) Determination 2015

Registered:    16 November 2015

 

About this compilation

This compilation

This is a compilation of the Radiocommunications (Class of Services) Determination 2012 that shows the text of the law as amended and in force on 11 November 2015 (the compilation date).

This compilation was prepared on 16 November 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.  

 

 

 

Contents

1. Name of Determination

2. Commencement

3. Cessation

4. Definitions

5. Determination

6. Class of Services

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1.  Name of Determination

  This Determination is the Radiocommunications (Class of Services) Determination 2012.

2.  Commencement

  This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3.  Cessation

  This Determination ceases at the end of 31 December 2017.

4.  Definitions

  In this Determination:

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

5.  Determination

  For the purposes of the ACMA considering whether to re-issue a spectrum licence under paragraph 82(1)(a) of the Act, I determine that each of the classes of services described in Clause 6 of this Determination is a class of services for which re-issuing spectrum licences to the same licensees would be in the public interest.

6.  Class of Services

 

  • Mobile voice and data communications services provided in the 800 MHz spectrum band (frequency ranges 825-845 MHz and 870-890 MHz).

 

  • Mobile voice and data communications services provided in the 1800 MHz spectrum band (frequency ranges 1710-1785 MHz and 1805-1880 MHz).

 

  • Mobile voice and data communications services provided in the 2 GHz spectrum band (frequency ranges 1920-1980 MHz and 2110-2170 MHz).

 

  • Wireless broadband services provided in the 2.3 GHz spectrum band (frequency range 2302-2400 MHz).

 

  • Wireless broadband services provided in the 3.4 GHz spectrum band (frequency ranges 3425-3492.5 MHz and 3542.5-3575 MHz).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Radiocommunications (Class of Services) Determination 2012

10 Feb 2012 (F2015L00235)

11 Feb 2012 (s 2)

 

Radiocommunications (Class of Services) Amendment (Removal of 27 GHz Band) Determination 2015

10 Nov 2015 (F2015L01773)

11 Nov 2015 (s 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 6.....................

am F2015L01773

 

 

Overview

The Radiocommunications (Class of Services) Determination 2012, enacted to support the Radiocommunications Act 1992, was established to address the need for clear and consistent criteria for the Australian Communications and Media Authority (ACMA) to consider when deciding whether to reissue spectrum licences. This legislative instrument was formulated by the ACMA and aims to facilitate the efficient allocation of spectrum for mobile voice and data communications and wireless broadband services by identifying specific classes of services that would be in the public interest to have reissued to existing licensees. The Determination outlines the classes of services in specified spectrum bands and was designed to cease at the end of 31 December 2017, as per its provisions. This legislative instrument provides a framework for the ACMA to manage spectrum effectively, ensuring that it is used in ways that best serve the public interest.

Scope and Application

The Radiocommunications (Class of Services) Determination 2012, as amended, applies to the Australian Communications and Media Authority (ACMA) and pertains to the consideration of whether to re-issue spectrum licences for specific classes of services. This Determination is in force under the Radiocommunications Act 1992 and is applicable to the re-issuance of spectrum licences to the same licensees for the specified classes of services which are deemed to be in the public interest. The classes of services covered include mobile voice and data communications services provided in various spectrum bands such as the 800 MHz, 1800 MHz, and 2 GHz bands, and wireless broadband services in the 2.3 GHz and 3.4 GHz bands. The Determination applies nationally across Australia and is in effect from the day after its registration on the Federal Register of Legislative Instruments until the end of 31 December 2017. Any future modifications or amendments to the Determination can be found on ComLaw, but any uncommenced amendments are not reflected in this compiled text. The application, saving, and transitional provisions of the Determination, if affected by other laws, are detailed in the endnotes of this compilation.

Key Provisions

The Radiocommunications (Class of Services) Determination 2012 (the Determination) serves to define specific classes of services for which the Australian Communications and Media Authority (ACMA) may consider reissuing spectrum licenses under the Radiocommunications Act 1992 (the Act). This determination is in effect from the day following its registration on the Federal Register of Legislative Instruments and will cease to be in force by the end of 31 December 2017. The Determination identifies particular spectrum bands where mobile voice and data communications, as well as wireless broadband services, are provided. These classes of services are specified in Clause 6, which lists services operating in the 800 MHz, 1800 MHz, 2 GHz, 2.3 GHz, and 3.4 GHz spectrum bands. Under the Determination, the ACMA is mandated to consider the reissuance of spectrum licenses for the defined classes of services, ensuring that such reissuance is deemed to be in the public interest. This involves a review process where the ACMA assesses whether the continuation or renewal of these licenses would benefit the public. The Determination also outlines the specific frequency ranges for each class of service, ensuring clarity and precision in the scope of services covered. The Determination imposes specific obligations on the ACMA to review and potentially re-issue licenses for the classes of services mentioned. It requires the ACMA to conduct assessments in a manner that aligns with the public interest, ensuring that the allocation of spectrum resources is fair and beneficial to the broader community. The Determination does not impose direct obligations on the licensees themselves but rather sets the framework within which the ACMA must operate when considering license reissuance. In terms of consequences for non-compliance, the Determination does not explicitly outline criminal or civil penalties for breaches. However, any actions taken by the ACMA that do not adhere to the public interest or the provisions of the Determination could be subject to judicial review or other legal challenges. The primary focus of the Determination is on guiding the ACMA's considerations rather than penalising specific parties, thus ensuring that the spectrum licensing process remains transparent and public-interest-driven.

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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.