Radiocommunications (Spectrum Designation) Notice No. 1 of 2014

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

Legislation au F2014L00118 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Radiocommunications Act 1992

 

Radiocommunications (Spectrum Designation) Notice No. 1 of 2014

 

 

Issued by the authority of the Minister for Communications

 

 

Authority

 

Subsection 36(1) of the Radiocommunications Act 1992 (the Act) enables the Minister for Communications (the Minister), after consultation with the Australian Communications and Media Authority (the ACMA), to give to the 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 generally or with respect to one or more specified areas.

Subsection 36(3) of the Act enables the ACMA to make recommendations to the Minister about spectrum designation notices that should be given.  Subsection 36(4) of the Act requires the ACMA to consult publicly before making a recommendation to the Minister to issue a notice.

Purpose

 

The purpose of the Notice is to designate the frequency ranges between 1770-1775 MHz and 1865-1870 MHz in Adelaide, 1710-1712.5 MHz and 1805-1807.5 MHz in regional South Australia, and 1710-1712.5 MHz and 1805-1807.5 MHz in Cairns/Townsville (Relevant Spectrum) as part of the spectrum to be allocated by issuing spectrum licences.

 

Background

 

The Spectrum Re-allocation Declaration No. 4 of 1997 (the 1997 Declaration) and the Spectrum Re‑allocation Declaration 1999 (No. 2) (the 1999 Declaration) enabled the introduction of spectrum licensing in the 1710-1755 MHz and 1805‑1850 MHz ranges, and in the 1755-1785 MHz and 1850-1880 MHz ranges respectively, within the specified geographic areas in Australia. The Relevant Spectrum was part of the spectrum designated for spectrum licensing under the 1997 Declaration and the 1999 Declaration.

 

Spectrum licences were issued in relation to the Relevant Spectrum but these licences have subsequently been either surrendered to the ACMA or have expired with the incumbent licensee not seeking reissue of the licences.   Accordingly, since there are no incumbent licensees in the Relevant Spectrum, the Notice does not adversely affect any licensees.

 

The 1997 Declaration and the 1999 Declaration are no longer in force, as they lapsed following the introduction of the Legislative Instruments Act 2003. Consequently, the ACMA is unable to allocate the Relevant Spectrum as spectrum licences under the Act without the Minister designating, by written notice to the ACMA, the Relevant Spectrum be allocated by issuing spectrum licences.

 

In accordance with subsection 36(3) of the Act, the ACMA has made a recommendation to the Minister to issue the Notice.  The Minister has accepted the ACMA’s recommendation and issues the accompanying Notice under subsection 36(1) of the Act.

 

The Office of Best Practice Regulation (OBPR) was consulted about the making of the Notice.  The OBPR considered the changes arising from the Notice were machinery in nature and that no further regulatory impact statement was required.  The OBPR exemption number for the Notice is 16300.

 

Consultation

 

The ACMA conducted a public consultation (in accordance with subsection 36(4) of the Act) between 30 January 2013 and 15 March 2013.  The ACMA received three submissions, all of which supported the ACMA’s proposal to make a recommendation for the Relevant Spectrum to be designated for spectrum licensing.

 

On 17 October 2013, the ACMA wrote to the Minister recommending, under subsection 36(3) of the Act, that the Minister provide the ACMA with a written notice under subsection 36(1) of the Act, designating the Relevant Spectrum for allocation as spectrum licences.

 

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 Relevant Spectrum as spectrum to be allocated by issuing spectrum licences. The Notice has been issued after consultation with the ACMA and the public. The Notice provides for the continuation of current licensing arrangements and does not represent a significant change in policy.

 

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

 

Section 1 provides that the name of the Notice is the Radiocommunications (Spectrum Designation) Notice No. 1 of 2014.

 

Section 2 - Commencement

 

Section 2 provides that the Notice commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Definitions

 

Section 3 defines the term ‘Australian Spectrum Map Grid’ or ‘ASMG’ as the Australian Spectrum Map Grid 2012 published by the ACMA, as existing from time to time.  The ASMG uses the hierarchical cell identifier scheme (HCIS) to identify geographic areas.

 

Section 3 provides a definition for ‘identified geographic areas of Australia’ to mean the relevant locations specified in the Schedule. Subsection 36(2) of the Act requires the Notice to be expressed to apply with respect to one or more specified areas. In this case, the Notice is expressed to apply to three separate geographic areas (Adelaide, regional South Australia and Cairns/Townsville), described by the HCIS identifiers listed in the Schedule.

 

Section 3 also defines ‘relevant frequency ranges’ to mean the following ranges within the identified geographic areas of Australia:

  • 1770 – 1775 MHz and 1865 – 1870 MHz within the geographical area of Adelaide;
  • 1710 – 1712.5 MHz and 1805 – 1807.5 MHz within the geographical area of regional South Australia; and
  • 1710 – 1712.5 MHz and 1805 – 1807.5 MHz within the geographical area of Cairns/Townsville.

Section 3 makes clear that the range of numbers identified includes the higher, but not the lower number so to avoid any frequency band overlap.

 

Section 4 – Designation

In accordance with subsection 36(1) of the Act, section 4 of the Notice provides that the relevant frequency ranges are designated as part of the spectrum to be allocated by issuing spectrum licences.

 

Schedule

 

The geographical areas of Adelaide, regional South Australia and Cairns/Townsville have been described in the Schedule by reference to HCIS identifiers.

Overview

The Radiocommunications Act 1992, enacted to regulate radiocommunications in Australia, introduced mechanisms for the allocation of radio spectrum to ensure efficient and orderly use of the radio frequency spectrum. The Act provides the Minister for Communications with the authority to designate specific parts of the spectrum for allocation through spectrum licences. The Radiocommunications (Spectrum Designation) Notice No. 1 of 2014 was issued under the authority of the Minister to address a gap in spectrum allocation in certain geographic areas. This Notice designates specific frequency ranges in Adelaide, regional South Australia, and Cairns/Townsville for allocation by issuing spectrum licences. The issuing of this Notice follows consultation with the Australian Communications and Media Authority (ACMA) and public consultation, ensuring that the designation does not adversely affect existing licensees, as the previously allocated spectrum has either been surrendered or expired. This legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms and does not raise any human rights issues.

Scope and Application

The Radiocommunications (Spectrum Designation) Notice No. 1 of 2014 applies to the designation of specific frequency ranges within Adelaide, regional South Australia, and Cairns/Townsville for allocation through spectrum licences. It is issued under the authority of the Minister for Communications pursuant to subsection 36(1) of the Radiocommunications Act 1992, which mandates that the Minister, after consultation with the Australian Communications and Media Authority (ACMA), can designate parts of the spectrum for allocation by issuing spectrum licences. This designation follows the expiration or surrender of existing spectrum licences, ensuring there are no incumbent licensees affected by this Notice. The Notice is applicable to these specific geographic areas as identified by the hierarchical cell identifier scheme (HCIS) and does not apply to other regions unless otherwise designated. The ACMA, as per subsection 36(4) of the Act, undertook public consultation prior to making recommendations to the Minister, which were subsequently accepted and implemented in this Notice. There are no exclusions or exemptions specified in the Notice, and it does not adversely affect any existing licensees since the relevant licences have expired or been surrendered. The Notice came into effect on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The Radiocommunications (Spectrum Designation) Notice No. 1 of 2014 designates specific frequency ranges in certain geographic areas in Australia for the allocation of spectrum licences under the Radiocommunications Act 1992. This Notice is a formal mechanism for assigning parts of the radio spectrum for licensing, in line with the legislative framework provided by the Act. Specifically, the frequency ranges between 1770-1775 MHz and 1865-1870 MHz in Adelaide, 1710-1712.5 MHz and 1805-1807.5 MHz in regional South Australia, and 1710-1712.5 MHz and 1805-1807.5 MHz in Cairns/Townsville are designated for this purpose. The designation follows the expiration or surrender of previous spectrum licences in these ranges, making them available for new allocation. Entities governed by this Act must adhere to the spectrum allocation as designated by the Notice. This includes ensuring that any activities involving the use of these frequency ranges comply with the licensing requirements set forth by the Australian Communications and Media Authority (ACMA). The ACMA, in its capacity as the regulatory body, is responsible for issuing and managing spectrum licences within the designated ranges. This involves conducting public consultations, as mandated by the Act, to gather input before making recommendations to the Minister for Communications. The Minister, in turn, issues the spectrum designation notice, formalising the allocation process. Failure to comply with the provisions of the Notice can result in legal repercussions. The Act outlines various penalties for non-compliance, which can include both civil and criminal penalties depending on the severity of the breach. The exact penalties are not specified in the Notice but generally may include fines, imprisonment, or both, as determined by the courts. These consequences underscore the importance of adhering to the designated spectrum allocations and the regulatory framework established by the Act and the ACMA.

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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.