EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Interpretation) Amendment Determination 2010 (No. 3)
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications (Interpretation) Amendment Determination 2010 (No. 3) (the Amendment Determination), and related instruments, is to delete legislative references to the MDS (Multipoint Distribution Station) Apparatus licence type.
The MDS Apparatus licence type is redundant. There have been no MDS licences on issue since March 2004. There is no identifiable need to issue any MDS licences in the future.
The Amendment Determination also includes mechanical amendments to reflect the July 2005 merger of the Australian Communications Authority (ACA) and Australian Broadcasting Authority (ABA) to form the Australian Communications and Media Authority (the ACMA).
The Amendment Determination amends the Radiocommunications (Interpretation) Determination 2000.
Legislative Provisions
Subsection 64 (1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act) provides that the ACMA may make a written determination defining one or more expressions used in specified laws of the Commonwealth.
Relevant provisions within the Radiocommunications Act 1992 (the Radiocommunications Act) include: section 5, paragraphs 7 (1) (a) and (b), subsection 10A (1), paragraph 16 (1) (ca), subsections 30 (1), 32 (1), 34 (1) and 98 (1), paragraphs 107 (1) (f) and 108A (1) (e), subsection 115 (1), section 119, subsections 131AC (1) and 132 (1), section 134, paragraphs 144 (1) (c), (d) and (e), paragraphs 147 (1) (c), (d) and (e) and subsection 300 (1).
Subsection 33(3) of the Acts Interpretation Act 1901 provides that when exercising its power to make written instruments under an Act, the ACMA also has the power to repeal, rescind, revoke, amend, or vary such instruments.
A Determination made under subsection 64 (1) of the ACMA Act is a disallowable instrument for the purposes of section 42 of the Legislative Instruments Act 2003 (the LIA).
Background
MDS Apparatus licences were issued originally by the Spectrum Management Agency (the SMA) in 1994 in the bands 2076-2111 MHz (the A-Band) and 2302-2400 MHz (the B-Band) to authorise the transmission of a broad range of sound and video services, including subscription television services.
In March 1999, the SMA’s successor organisation, the Australian Communications Authority (ACA), released a discussion paper entitled “Future Uses of the Multipoint Distribution System (MDS) Bands”. This paper was released in response to the impending expiry of many MDS licences and developments concerning the 3G mobile telecommunications service.
On 29 June 1999, the ACA announced that MDS A-Band licences would only be renewed until 25 July 2002, with the spectrum then to be reallocated for 3G mobile telecommunications and fixed point to point services.[1] Notwithstanding this, the 2.1 GHz Band Frequency Band Plan 2002 made provision for some regional MDS services to operate until 31 March 2004.
The ACA also announced that MDS B-Band licences were only to be renewed until 25 July 2004. Consequently, on 14 January 2000 the B-Band spectrum was designated by the Minister for Communications, Information Technology and the Arts for allocation under spectrum licences. Existing MDS B-Band Apparatus licences were converted to spectrum licences.
Legislative references to the MDS Apparatus licence type could not be deleted at that time because the spectrum licences that replaced the MDS licences contained a reference to a ‘technical framework’ provision of some MDS instruments.
On 3 February 2009, the ACMA made the Radiocommunications Spectrum Marketing Plan (2.3 GHz Band) 2009. On 26 March 2010, the relevant spectrum licences were varied to include conditions that reflected a new ‘technical framework’ that did not include references to MDS instruments. This allowed for these MDS instruments to be repealed and for references to the MDS licence type to be removed.
Package of Legislative Instruments
The Amendment Determination form part of a package of instruments made simultaneously to remove all legislative references to the MDS licence type from subordinate legislation. Other instruments forming part of this package include the:
- Radiocommunications Licence Conditions (MDS Licence) Repeal Determination 2010;
- Radiocommunications (Allocation of Multipoint Distribution Station Licences) Repeal Determination 2010;
- Radiocommunications (Spectrum Access Charge) Repeal Determination 2010;
- Radiocommunications Spectrum Conversion Plan (2302 - 2400 MHz Band) Repeal Plan 2010;
- Radiocommunications (Transmitter and Receiver Licences) Amendment Determination 2010 (No. 1); and
- Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers – 2 GHz Band) Amendment Guidelines 2010 (No. 1).
References to MDS Apparatus licences also appear in three other pieces of legislation not made by the ACMA. These instruments are the Radiocommunications (Coordination) Regulations, the Broadcasting Services Act 1992 and the Telecommunications (Consumer Protection and Services Standards)(Special Digital Data Services) Regulations 1999. It is anticipated that these instruments will be amended to remove references to the MDS licence type in due course.
Consultation
In accordance with subsection 17(3) of the LIA, the ACMA invited submissions to be made on the proposed Amendment Determination. Notification seeking public comment about the proposed Amendment Determination was published on the ACMA website. No submissions were received.
Regulatory Impact
The ACMA has undertaken a preliminary assessment of the regulatory impact in accordance with the requirements of the Office of Best Practice Regulation. It has been determined that amending the Radiocommunications (Interpretation) Determination 2000 would have no direct or significant indirect impact on business or the economy. For those reasons, an exemption from the need to provide a Regulatory Impact Statement (RIS) and Business Cost Calculator Report has been obtained. The ACMA RIS exemption reference number is ACMA 128.
Determination Details
Details of the Amendment Determination are provided in Attachment A.
Attachment A
Notes on Determination
Section 1 Name of Determination
Section 1 provides the name of the Determination.
Section 2 Commencement
Section 2 provides that the Determination commences on the day after it is registered.
Section 3 Amendment of Radiocommunications (Interpretation) Determination 2000
Section 3 provides that Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.
Schedule 1 Amendments (section 3)
[1] Subsection 3(2), note
Item 1 replaces a reference to the ACA, in the note for subsection 3(2), with a reference to the ACMA.
[2] Schedule 1, definition of fixed receive licence, paragraph (c)
Item 2 replaces a reference to the ACA in the definition of fixed receive licence, with a reference to the ACMA.
[3] Schedule 1, definition of major coast receive licence, paragraph (d)
Item 3 replaces a reference to the ACA in the definition of major coast receive licence, with a reference to the ACMA.
[4] Schedule 1, definition of major coast receive station, paragraph (d)
Item 4 replaces a reference to the ACA in the definition of major coast receive station, with a reference to the ACMA.
[5] Schedule 1, definition of MDS licence
Item 5 omits the definition of MDS licence.
[6] Schedule 1, definitions of multipoint distribution repeater station, multipoint distribution station, and MDS, and multipoint distribution station receiver
Item 6 omits the definitions of multipoint distribution repeater station, multipoint distribution station, and MDS, and multipoint distribution station receiver.
[7] Schedule 1, definition of non assigned basis
Item 7 replaces a reference to the ACA, in the definition of non assigned basis, with a reference to the ACMA.
[8] Schedule 1, definition of PMTS Class A, subparagraph (b) (ii)
Item 8 replaces a reference to the ACA, in the definition of PMTS Class A, with a reference to the ACMA.
[9] Schedule 1, definition of temporary fixed link station, paragraph (b)
Item 9 replaces a reference to the ACA, in the definition of temporary fixed link station, with a reference to the ACMA.
[1] The 2.1 GHz Band Frequency Band Plan 2002 made on 23 April 2002.