Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) Repeal Plan 2010

Administered by Department of Communications and the Arts

Legislation au F2010L02243 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications and Media Authority

Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) Repeal Plan 2010

Radiocommunications Act 1992

 

Purpose

The purpose of the Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) Repeal Plan 2010 (the Repeal Plan), 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 Plan repeals the Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) 2000.

Legislative Provisions

Subsection 38(1) of the Radiocommunications Act 1992 (the Act) provides that on receiving a notice designating a specified part of the spectrum to be allocated by issuing spectrum licences, the Australian Communications and Media Authority (the ACMA) must, by written instrument, prepare a conversion plan that sets out the procedures and timetable for issuing spectrum licences to replace existing apparatus licences that authorise operation of radiocommunications devices at frequencies within that part of the spectrum; and within the area or areas specified in the notice.

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 Spectrum Conversion Plan made under subsection 38(1) of the Act is a legislative instrument.

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 the MDS instruments to be repealed and for references to the MDS licence type to be removed.

Package of Legislative Instruments

The Repeal Plan 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 (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 Legislative Instruments Act 2003, the ACMA invited submissions to be made on the proposed Repeal Plan. Notification seeking public comment about the proposed Repeal Plan 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 Spectrum Conversion Plan (2302-2400 MHz Band) 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.

 

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

Overview

The Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) Repeal Plan 2010 was introduced to address the redundancy of the Multipoint Distribution Station (MDS) Apparatus licence type within the legislative framework. Enacted under the authority of the Australian Communications and Media Authority (ACMA), this Repeal Plan seeks to remove outdated legislative references that are no longer necessary following the cessation of MDS licence issuance since March 2004. The primary policy objective is to streamline the legislative instruments by eliminating obsolete references, thereby ensuring the legal framework remains efficient and aligned with current practices. This initiative reflects a commitment to maintaining a clear and functional regulatory environment for spectrum management and radiocommunications. The Repeal Plan is part of a broader package of legislative instruments designed to systematically remove all references to the MDS licence type across various subordinate legislations, facilitating a more cohesive and contemporary legal structure.

Scope and Application

The Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) Repeal Plan 2010, under the Radiocommunications Act 1992, serves the specific purpose of repealing legislative references to the MDS (Multipoint Distribution Station) Apparatus licence type, which has been deemed redundant. This Act applies to the Australian Communications and Media Authority (ACMA) and any entities that were previously authorised under the now repealed MDS licence type. As the Repeal Plan pertains to spectrum management within Australia, its jurisdictional reach is national, aligning with the overarching framework established by the Radiocommunications Act 1992. The Repeal Plan does not specify any exclusions or exemptions but it does clarify that the repeal is focused solely on the legislative references to the MDS licence type, without affecting other spectrum management practices. The application of the Repeal Plan extends through subordinate instruments that also form part of a broader package aimed at removing all references to the MDS licence type, ensuring a comprehensive update to the legislative framework governing radiocommunications in Australia.

Key Provisions

The Radiocommunications Spectrum Conversion Plan (2302-2400 MHz Band) Repeal Plan 2010, as referenced in subsection 38(1) of the Radiocommunications Act 1992, provides the legislative framework for the repeal of outdated legislative references to the Multipoint Distribution Station (MDS) Apparatus licence type. This repeal addresses the redundancy of the MDS licence type, which has not been issued since March 2004 and is deemed unnecessary for future issuance. The Repeal Plan effectively eliminates references to the MDS licence type across various legislative instruments, ensuring that the regulatory framework is current and relevant. The Act, through the Australian Communications and Media Authority (ACMA), has the power to prepare such plans and make necessary amendments, as outlined in subsection 33(3) of the Acts Interpretation Act 1901. The obligations imposed by the Repeal Plan require entities governed by the Radiocommunications Act 1992 to ensure compliance with the new legislative framework that no longer references the MDS licence type. This includes updating any internal documents, systems, and processes to reflect the repeal of the MDS licence type. Entities must also ensure that any existing licences or authorisations do not reference the MDS licence type, and that all future applications and renewals comply with the updated legislation. The repeal affects various subordinate legislation instruments, and it is expected that related instruments outside the ACMA's purview will also be amended to remove references to the MDS licence type. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Repeal Plan itself. However, entities that fail to comply with the updated legislative framework may face regulatory actions if they continue to reference the MDS licence type in their operations. Such actions could include enforcement measures, fines, or other penalties as prescribed by the Radiocommunications Act 1992. The repeal, by ensuring the legislative framework is current, aims to prevent any non-compliance-related issues arising from outdated references. The ACMA's preliminary assessment indicates that the repeal would have no significant impact on business or the economy, justifying the exemption from providing a Regulatory Impact Statement.

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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.