Radiocommunications (Spectrum Designation—3.4 GHz Band) Notice 2020

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2020L01661 Not in force Legislative Instrument

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Explanatory Statement

 

Radiocommunications Act 1992

 

Radiocommunications (Spectrum Designation—3.4 GHz Band) Notice 2020

 

 

Issued by the authority of the Minister for Communications, Cyber Safety and the Arts

 

Purpose

 

The purpose of the Radiocommunications (Spectrum Designation – 3.4 GHz Band) Notice 2020 (the Notice) is to designate the specified parts of the spectrum with respect to the specified areas to be allocated by issuing spectrum licences.

 

The following parts of the spectrum are designated with respect to the corresponding specified areas in the 3.4 GHz Band:

  • 3400 – 3425 MHz in Adelaide, Ballarat and Bendigo, Brisbane, Canberra, Melbourne, Perth, Regional NSW, Regional Qld, Regional SA, Regional Vic, Regional WA, Remote WA, Sydney, Toowoomba.
  • 3425 – 3442.5 MHz in Regional NSW, Regional Qld, Regional SA, Regional Vic, Regional WA, Remote WA.
  • 3442.5 – 3475 MHz in Remote WA.
  • 3492.5 – 3510 MHz in Adelaide, Ballarat and Bendigo, Brisbane, Canberra, Melbourne, Perth, Sydney, Toowoomba.
  • 3510 – 3542.5 MHz in Adelaide, Ballarat and Bendigo, Brisbane, Canberra, Melbourne, Perth, Regional NSW, Regional Qld, Regional SA, Regional Vic, Regional WA, Sydney, Toowoomba.

 

The Notice will have the effect of requiring the Australian Communications and Media Authority (ACMA) to undertake a process in accordance with the Radiocommunications Act 1992 (the Act) to offer spectrum licences to replace existing apparatus licences in the specified parts of the spectrum, with respect to the areas specified in the Notice.

 

Authority

 

Subsection 36(1) of the Act enables the Minister for Communications, Cyber Safety and the Arts (the Minister), after consultation with ACMA, to give to ACMA a written notice designating a specified part of the spectrum to be allocated by issuing spectrum licences.

Subsection 36(2) of the Act provides that the Notice may be expressed to apply with respect to one or more specified areas.

Background

 

Current arrangements in the 3.4 GHz band limit the ability of licensees to maximise the efficiency and utility of their holdings in the band without regulatory intervention. Licensees’ holdings are fragmented throughout the band with the mixture of spectrum and apparatus licensing arrangements creating various regulatory, commercial and technical barriers to defragmentation. Converting certain apparatus licences in the band to spectrum licences would remove most of these obstacles and enable licensees to take steps to use their spectrum more efficiently.

 

The specified parts of the 3.4 GHz band covered by the Notice encompass apparatus licences held by NBN Co Ltd (NBN Co). The making of the Notice will require ACMA to commence a process to offer spectrum licences to replace NBN Co’s apparatus licences in the band.  

 

The making of the Notice will support the object of the Act, as set out in section 3 of the Act. Establishing more uniform licensing arrangements in the 3.4 GHz band will enable more flexible and responsive spectrum management of the band and allow for licence trades or variations by NBN Co and other licensees. This will enable licensees to increase the contiguity of their holdings in the band. Following the defragmentation of spectrum licences in the band, it is expected ACMA will work with NBN Co to make underutilised spectrum in inner-metropolitan areas of NBN Co’s spectrum licences available for licensing by other operators, subject to the development of appropriate interference management criteria and assessment of the utility of the spectrum. This will ultimately maximise the public benefit derived from the use of this spectrum by improving the efficiency of the allocation and use of spectrum.

 

The Notice would also support the communications policy objectives of the Government. Increased spectrum contiguity in the band will enable NBN Co to enhance the performance of its fixed-wireless network and support the Government’s policy objective of providing fast broadband to all Australians. NBN Co’s fixed-wireless network is very important to the connectivity of Australians in rural, regional and outer-urban areas. This was emphasised during the COVID-19 pandemic when many Australians became reliant on NBN Co’s networks to facilitate working, learning and socialising from home. Achieving greater spectrum contiguity in its 3.4 GHz holdings will provide NBN Co greater flexibility and capacity for the development of its fixed-wireless network.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation (OBPR) was consulted about the making of the Notice. OBPR noted the changes arising from the Notice were considered in a certified independent review conducted by ACMA, provided to OBPR in March 2020 (Optimisation of arrangements in the 3400 – 3575 MHz Band) and that no further regulatory impact statement was required. The OBPR reference number for the Notice is 25773.

 

Consultation

 

The Department of Infrastructure, Transport, Regional Development and Communications (the Department) conducted a public consultation on an exposure draft (ED) of the Notice between 23 September and 20 October 2020. The Minister considered responses to this consultation in deciding whether or not to make the Notice, and the terms on which it should be made.

 

The Minister consulted with ACMA prior to making the Notice in accordance with subsection 36(1) of the Act.

 

Statement of compatibility with human rights

 

This statement of compatibility is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Notice is made under subsection 36(1) of the Act and designates the specified parts of the 3.4 GHz Band in the specified areas for allocation by issuing spectrum licences. The Notice has been issued after consultation with ACMA and the public. NBN Co is the only licensee in the 3.4 GHz band whose licences are impacted by the notice.

 

The Notice is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. It does not engage any of the applicable rights or freedoms and does not raise any human rights issues.

Notes on Sections

 

Section 1 – Name of instrument

 

This section provides that the name of the Notice is the Radiocommunications (Spectrum Designation—3.4 GHz Band) Notice 2020.

 

Section 2 – Commencement

 

This section provides that the Notice commences on the day after it is registered on the Federal Register of Legislation, which may be accessed online at www.legislation.gov.au.

 

Section 3 – Authority

 

This section provides that the notice is made under subsection 36(1) of the Radiocommunications Act 1992.

 

Section 4 – Interpretation

 

This section sets out a number of definitions for the purposes of the Notice. The section also notes that some terms, such as ACMA and spectrum, are defined in the Radiocommunications Act 1992 and that a reference to a part of the spectrum includes all frequencies greater than the lower frequency, up to and including the higher frequency.

 

The term ‘Act’ is defined to mean the Radiocommunications Act 1992.

 

The term ‘Hierarchical Cell Identification Scheme’ or ‘HCIS’ is defined to mean the Hierarchical Cell Identification Scheme used as part of the Australian Spectrum Map Grid 2012 published by ACMA, as the document existed at the time this instrument was made.

 

Section 5 – Designation

Subsection 5(1) of the Notice designates the parts of the spectrum in the 3.4 GHz band specified in column 1 of items 1 to 5 of the table to be allocated by issuing spectrum licences, with respect to the corresponding areas named in column 2 of the table. The note to the subsection informs readers that the named areas in column 2 are to be ascertained in accordance with subsection 5(2).

Subsection 5(2) defines the fourteen geographical areas named in column 2 of the table in subsection 5(1) with reference to HCIS identifiers. The note to this subsection explains to readers that these HCIS identifiers can be converted into a Placemark file, viewable in Google Earth or similar applications, through a facility on ACMA’s website.

Overview

The Radiocommunications (Spectrum Designation – 3.4 GHz Band) Notice 2020 was enacted to address the inefficiencies in the current spectrum management of the 3.4 GHz band, which hindered the ability of licensees to effectively use their spectrum holdings. This Notice, issued under the authority of the Minister for Communications, Cyber Safety and the Arts, aims to streamline spectrum licensing in the specified parts of the 3.4 GHz band across various regions in Australia, including metropolitan and regional areas. The policy objective of the Notice is to facilitate the conversion of existing apparatus licences into spectrum licences, thereby removing regulatory, commercial, and technical barriers to spectrum defragmentation. This change is expected to enhance the efficiency and utility of spectrum use, ultimately benefiting public interest by improving the allocation and use of spectrum and supporting the government’s communications policy objectives, such as providing fast broadband to all Australians. The Notice also supports the overarching objectives of the Radiocommunications Act 1992 by enabling more flexible and responsive spectrum management.

Scope and Application

The Radiocommunications (Spectrum Designation – 3.4 GHz Band) Notice 2020 applies to the specified parts of the 3.4 GHz band within the areas designated in the Notice. The Notice impacts the spectrum holdings of NBN Co Ltd, requiring the Australian Communications and Media Authority (ACMA) to replace their existing apparatus licences with spectrum licences, thereby facilitating more efficient use of the spectrum. This change is intended to remove regulatory, commercial, and technical barriers that currently limit the utility of the spectrum and support the Government's policy objective of providing fast broadband to all Australians. The Notice, which is issued under subsection 36(1) of the Radiocommunications Act 1992, specifies the parts of the spectrum to be allocated by issuing spectrum licences in fourteen geographical areas across Australia, including metropolitan, regional, and remote areas. The Notice does not specify any exclusions or exemptions and is intended to streamline spectrum management, ultimately benefiting the public by improving the efficiency of spectrum allocation and use.

Key Provisions

The Radiocommunications (Spectrum Designation – 3.4 GHz Band) Notice 2020 designates specific parts of the 3.4 GHz spectrum to be allocated by issuing spectrum licences in certain areas of Australia. This action is authorised under subsection 36(1) of the Radiocommunications Act 1992 (the Act). The designated parts of the spectrum and the corresponding areas are outlined in section 5 of the Notice. The Notice requires the Australian Communications and Media Authority (ACMA) to initiate a process to offer spectrum licences to replace existing apparatus licences in these specified parts of the spectrum, as detailed in section 5 of the Notice. This process aims to facilitate more efficient and contiguous use of the spectrum by licensees, particularly for entities such as NBN Co Ltd, which currently hold fragmented spectrum holdings in the 3.4 GHz band. The obligations imposed by the Notice primarily affect ACMA and the licensees within the designated areas. ACMA is required to implement the process of issuing spectrum licences as per the Notice, ensuring that the transition from apparatus licences to spectrum licences occurs smoothly and efficiently. Licensees, particularly NBN Co, must cooperate with ACMA in this transition, which involves relinquishing their existing apparatus licences in favour of new spectrum licences that offer greater flexibility and contiguity. The Notice also specifies the consequences for non-compliance with its provisions. Although the Notice itself does not detail specific offences or penalties, breaches of the Act, which the Notice operates under, can lead to various civil and criminal consequences. For instance, under the Radiocommunications Act 1992, unauthorised use of radiocommunication apparatus can result in penalties, including fines. The maximum penalty for contravening certain sections of the Act can be substantial, with fines reaching up to several thousand Australian dollars. Additionally, more severe breaches may lead to criminal charges, potentially resulting in imprisonment. The exact penalties depend on the specific provisions of the Act that are contravened and the nature and severity of the breach. In summary, the Radiocommunications (Spectrum Designation – 3.4 GHz Band) Notice 2020 aims to streamline the allocation of spectrum in the 3.4 GHz band by designating specific parts of the spectrum for spectrum licensing. This initiative requires ACMA to facilitate the transition from apparatus licences to spectrum licences, primarily benefiting entities such as NBN Co. Compliance with the Notice is crucial, as breaches of the underlying Act can lead to significant penalties, including fines and potential imprisonment. The Notice's primary objective is to enhance the efficiency and utility of spectrum use, ultimately benefiting the public by improving spectrum management and broadband services.

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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.