Radiocommunications Licence Conditions (MDS Licence) Repeal Determination 2010

Administered by Department of Communications and the Arts

Legislation au F2010L02240 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications and Media Authority

Radiocommunications Licence Conditions (MDS Licence)

Repeal Determination 2010

Radiocommunications Act 1992

 

Purpose

The purpose of the Radiocommunications Licence Conditions (MDS Licence) Repeal Determination 2010 (the Repeal 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 Repeal Determination repeals the Radiocommunications Licence Conditions (MDS Licence) Determination No.1 of 1998.

Legislative Provisions

Subsection 107(1)(f) of the Radiocommunications Act 1992 (the Act) provides that the Australian Communications and Media Authority (the ACMA) may determine, by written instrument, conditions in relation to particular type of apparatus licences.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that when exercising its power to make written instruments under the Act, the ACMA also has the power to repeal, rescind, revoke, amend, or vary such instruments.

A Determination made under paragraph 107(1)(f) of the Act is a disallowable instrument for the purposes of subparagraph 6(d)(i) 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 Repeal 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 (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 (Interpretation) Amendment Determination 2010 (No. 3);
  • 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 Repeal Determination. Notification seeking public comment about the proposed Repeal 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 repealing the Radiocommunications Licence Conditions (MDS Licence) Determination No.1 of 1998 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.

[1]     The 2.1 GHz Band Frequency Band Plan 2002 made on 23 April 2002.

Overview

The Radiocommunications Licence Conditions (MDS Licence) Repeal Determination 2010 was enacted to address the redundancy of the Multipoint Distribution Station (MDS) Apparatus licence type, which has not been issued since March 2004. The determination was made under the authority of the Australian Communications and Media Authority (ACMA) pursuant to subsection 107(1)(f) of the Radiocommunications Act 1992. The policy objective was to streamline and modernise the legislative framework by removing outdated references to MDS licences. This repeal was part of a broader effort to update the radiocommunications legislative instruments, ensuring they reflect current technological and market conditions without unnecessary legacy references.

Scope and Application

The Radiocommunications Licence Conditions (MDS Licence) Repeal Determination 2010 applies to the legislative framework under the Radiocommunications Act 1992, specifically targeting the repeal of outdated references to Multipoint Distribution Station (MDS) Apparatus licences. This repeal reflects the fact that no such licences have been issued since March 2004 and there is no future need for them. The repeal applies nationally across Australia and affects all entities that were previously governed by the repealed provisions. This includes entities that previously held MDS Apparatus licences or operated under conditions tied to such licences. The repeal aims to streamline and modernise the legislative framework by removing redundant provisions, thereby ensuring the legislation remains relevant and efficient. There are no stated exclusions or exemptions in this Repeal Determination, as it applies comprehensively to all references to MDS Apparatus licences. The repeal is supported by various related instruments that together remove all legislative references to the MDS licence type, ensuring a cohesive and updated regulatory environment.

Key Provisions

The Radiocommunications Licence Conditions (MDS Licence) Repeal Determination 2010 (the Repeal Determination) aims to remove references to the MDS (Multipoint Distribution Station) Apparatus licence type from the Radiocommunications Act 1992 (the Act) and related instruments. This is because MDS Apparatus licences have been obsolete since March 2004, and there is no foreseeable need to issue any in the future. The Repeal Determination specifically repeals the Radiocommunications Licence Conditions (MDS Licence) Determination No.1 of 1998 (paragraphs 1(1), 2(1)). It operates under the authority granted by subsection 107(1)(f) of the Act, which allows the Australian Communications and Media Authority (ACMA) to set conditions for specific types of apparatus licences through written instruments. Additionally, subsection 33(3) of the Acts Interpretation Act 1901 empowers the ACMA to repeal, rescind, revoke, amend, or vary these instruments. As a disallowable instrument, the Repeal Determination is subject to the provisions of the Legislative Instruments Act 2003 (paragraphs 3(1), 3(2)). The Repeal Determination imposes the obligation on the ACMA to ensure that all references to MDS Apparatus licences are removed from the legislative framework. This includes updating or repealing subordinate legislation, advisory guidelines, and other related instruments to reflect the repeal of the MDS licence type (paragraphs 2(2), 3(2), 3(3)). The ACMA has already taken steps to remove these references from several instruments, and it is anticipated that similar amendments will be made to other pieces of legislation, such as the Radiocommunications (Coordination) Regulations, the Broadcasting Services Act 1992, and the Telecommunications (Consumer Protection and Services Standards)(Special Digital Data Services) Regulations 1999 (paragraph 2(3)). There are no specific offences, penalties, or consequences outlined in the Repeal Determination for non-compliance with its provisions. The repeal of the MDS licence type and related conditions is a legislative housekeeping measure rather than a regulatory requirement with enforcement implications. The ACMA has determined that repealing these conditions would have no direct or significant indirect impact on business or the economy, thus exempting it from the need for a Regulatory Impact Statement or Business Cost Calculator Report (paragraphs 3(4), 3(5)). The repeal is a procedural update to ensure that the legislative framework remains current and relevant to the evolving telecommunications landscape in Australia (paragraph 3(6)).

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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.