EXPLANATORY STATEMENT
Radiocommunications Act 1992
RADIOCOMMUNICATIONS (SPECTRUM DESIGNATION)
NOTICE NO. 1 OF 2005
Issued by the authority of the Minister for Communications, Information Technology and the Arts
Legislative Provisions
Subsection 36(1) of the Radiocommunications Act 1992 (the Act) enables the Minister for Communications, Information Technology and the Arts, after consultation with the Australian Communications Authority (ACA), to give the ACA a written notice designating a specified part of the radiofrequency spectrum to be allocated by issuing spectrum licences. A notice under subsection 36(1) permits the ACA under section 56 of the Act to offer a licensee the option of converting an apparatus licence to a spectrum licence defined by geographic area and frequency band.
Subsection 36(3) of the Act enables the ACA to make recommendations to the Minister about spectrum designation notices that should be given. Subsection 36(4) of the Act requires the ACA to consult publicly before making a recommendation to the Minister to issue a notice.
As a consequence of a notice being issued by the Minister, the ACA:
- may, under section 37 of the Act, prepare or vary a frequency band plan;
- must, under section 38 of the Act, prepare a conversion plan detailing the procedures and timetable for issuing spectrum licences to replace existing apparatus licences; and
- must, under section 56 of the Act, offer to convert incumbent apparatus licences to spectrum licences upon payment of a spectrum access charge.
A spectrum designation notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The accompanying Notice commenced on the day after it was registered on the Federal Register of Legislative Instruments (see paragraph 12(1)(d) of the Legislative Instruments Act).
Background
The Department of Defence has requested the ACA provide it with the option of converting its apparatus licences to spectrum licences in a number of frequency bands to provide security of tenure in using the bands, and planning flexibility for the Department of Defence and the Australian Defence Forces.
Consistent with the public consultation requirements in subsection 36(4) of the Act, the ACA in August 2004 invited comments about its proposal to recommend that the Minister designate two Defence bands (20.2-21.2 GHz and 30-31 GHz) to be allocated by issuing spectrum licences. All the submissions received by the ACA were supportive of the proposal.
In October 2004, the ACA recommended to the Minister that she make a spectrum designation notice under subsection 36(1) of the Act to permit the 20.2-21.2 GHz and 30‑31 GHz radiofrequency bands to be re-allocated by issuing spectrum licences. The intent of the designation is to convert selected apparatus licences currently held by Defence to 15 year spectrum licences. The Notice is not designed to allocate new or additional spectrum.
Government policy is to encourage and assist spectrum licence holders to make efficient use of spectrum, and where it is cost-effective to do so, the ACA should convert wide area apparatus licences into spectrum licences.
Notes on the Notice
The Radiocommunications (Spectrum Designation) Notice No. 1 of 2005 designates under subsection 36(1) of the Act frequency bands between 20.2-21.2 GHz and 30-31 GHz throughout Australia to be allocated through the issuing of spectrum licences.
Overview
The Radiocommunications (Spectrum Designation) Notice No. 1 of 2005 was issued under subsection 36(1) of the Radiocommunications Act 1992 to facilitate the conversion of certain Defence apparatus licences to spectrum licences. This legislation was enacted to provide the Department of Defence and the Australian Defence Forces with security of tenure and planning flexibility in using specified frequency bands, without allocating new or additional spectrum. The notice was issued by the Minister for Communications, Information Technology and the Arts, following a recommendation by the Australian Communications Authority (ACA) and in accordance with public consultation requirements. The objective of the notice is to convert selected Defence apparatus licences to 15-year spectrum licences, thereby promoting efficient use of spectrum and aligning with government policy.
Scope and Application
The Radiocommunications (Spectrum Designation) Notice No. 1 of 2005, issued under the Radiocommunications Act 1992, applies to the conversion of certain apparatus licences held by the Department of Defence into spectrum licences. This applies specifically to frequency bands between 20.2-21.2 GHz and 30-31 GHz throughout Australia. The Notice mandates that the Australian Communications Authority (ACA) must prepare a conversion plan and offer the option of converting existing apparatus licences to spectrum licences upon payment of a spectrum access charge. The issuance of this Notice allows the ACA to undertake these conversions and manage the transition, ensuring security of tenure and planning flexibility for the Department of Defence and the Australian Defence Forces. This legislative instrument is designed to facilitate the conversion of existing licences rather than allocate new spectrum. The Notice came into effect following public consultation and ministerial approval, in response to a request from the Department of Defence for enhanced tenure and flexibility in specific frequency bands.
Key Provisions
The Radiocommunications (Spectrum Designation) Notice No. 1 of 2005, issued under subsection 36(1) of the Radiocommunications Act 1992, designates the frequency bands between 20.2-21.2 GHz and 30-31 GHz throughout Australia to be allocated by issuing spectrum licences. This notice is intended to allow the conversion of selected apparatus licences held by the Department of Defence into 15-year spectrum licences, thereby providing security of tenure and planning flexibility for the Department of Defence and the Australian Defence Forces.
This legislation imposes specific obligations on the Australian Communications Authority (ACA). Firstly, under section 37 of the Act, the ACA is authorised to prepare or vary a frequency band plan as a result of the Minister's notice. Secondly, under section 38 of the Act, the ACA must prepare a conversion plan detailing the procedures and timetable for issuing spectrum licences to replace existing apparatus licences. Lastly, the ACA is required under section 56 of the Act to offer the conversion of incumbent apparatus licences to spectrum licences upon payment of a spectrum access charge.
Failure to comply with the provisions of this legislation may result in civil or criminal consequences. Although the explanatory statement does not explicitly outline specific penalties, breaches of the Radiocommunications Act 1992 may lead to enforcement actions, fines, and other legal repercussions. The exact penalties for non-compliance would depend on the nature of the breach and would be determined by the relevant courts.