Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012

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

Legislation au F2012L00206 In force Legislative Instrument

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as amended

made under subsection 60(10) of the

Radiocommunications Act 1992

This compilation was prepared on 14 December 2012
taking into account amendments up to Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012 (Amendment No. 1 of 2012)

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

1 Name of Direction [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Direction – 2.5GHz band

Notes

1 Name of Direction [see Note 1]

This Direction is the Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012.

2 Commencement [see Note 1]

This Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Interpretation

(1) In this Direction:

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

associate, in relation to a person, means:

(a) for a body corporate:

(i) a director or secretary of the body; or

(ii) a related body corporate; or

(iii) a director or secretary of a related body corporate; or

(v) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or

(b) for an individual:

(i) the individual’s spouse; or

(ii) the individual’s de facto partner within the meaning given by the Acts Interpretation Act 1901; or

(iv) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or

(v) a body corporate of which the individual is a director or secretary; or

(vi) a body corporate that is related to a body corporate of which the individual is a director or secretary; or

(i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration; or

(ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration.

carrier has the same meaning as in the Telecommunications Act 1997.

designated area means the area to which the re‑allocation declaration applies, as described in subsection 4(2) of the re‑allocation declaration.

public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.

re‑allocation declaration means the Radiocommunications (Spectrum Re‑allocation) Declaration No. 2 of 2011.

related body corporate has the meaning given by the Corporations Act 2001.

relevant agreement means an agreement, arrangement or understanding:

(a) whether formal or informal or partly formal and partly informal; and

(b) whether written or oral or partly written and partly oral; and

other than a Roaming Services Agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010.

Roaming Services Agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by one carrier to use public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier’s public mobile telecommunications services are not available.

specified group of persons means an applicant for a spectrum licence and all of the associates of the applicant.

(2) In this Direction, each frequency band includes all frequencies that are greater than the lower frequency, up to and including the higher frequency.

(3) For this Direction, 2 or more specified groups of persons having 1 member in common are taken to be 1 specified group of persons.

4 Direction – 2.5GHz band

(1) I direct that the ACMA must determine procedures under subsection 60(1) of the Act that impose limits that ensure that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, no person or specified group of persons may use more than:

(a) 40MHz of spectrum available in the designated areas in the frequency band 2500MHz to 2570MHz; and

(b) 40MHz of spectrum available in the designated areas in the frequency band 2620MHz to 2690MHz.

Notes to the Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012

Note 1

The Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012 (in force under subsection 60(10) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012	8 Feb 2012 (see F2012L00206)	9 Feb 2012
Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012 (Amendment No. 1 of 2012)	14 Dec 2012 (see F2012L02473)	14 Dec 2012	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3.................	am. 2012 No. 1

Overview

The Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012, made under the Radiocommunications Act 1992, was enacted to address the need for efficient and equitable allocation of spectrum licences within the 2.5GHz frequency band. This legislative instrument was introduced to ensure that the allocation of spectrum does not lead to excessive concentration of spectrum usage by any single entity or group of associated entities. The Direction was issued by the Australian Government to be administered by the Australian Communications and Media Authority (ACMA) with the policy objective of maintaining a balanced and competitive telecommunications market by preventing monopolistic control over critical spectrum resources. The Direction mandates that the ACMA establish procedures to impose spectrum usage limits, ensuring that no individual or group of associated persons can utilise more than 40MHz of spectrum in the designated areas of the 2.5GHz band. This legislative measure aims to foster fair competition and innovation in the telecommunications sector by preventing any single entity from dominating the available spectrum, thereby safeguarding the interests of smaller carriers and the broader public.

Scope and Application

The Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012, made under the Radiocommunications Act 1992, applies to entities and individuals involved in the use of the radiocommunications spectrum in Australia. Specifically, the Direction imposes limits on the amount of spectrum that can be used by any person or specified group of persons, defined as an applicant for a spectrum licence and all of the associates of the applicant. The Direction applies to the frequency bands of 2500MHz to 2570MHz and 2620MHz to 2690MHz, which are designated areas outlined in the Radiocommunications (Spectrum Re-allocation) Declaration No. 2 of 2011. The Australian Communications and Media Authority (ACMA) is responsible for determining the procedures that enforce these limits. The Direction extends its application nationally across Australia, with no exclusions or exemptions explicitly stated within this legislative instrument. The application of the Direction may be further refined or elaborated upon through subordinate instruments or amendments.

Key Provisions

The Radiocommunications (Spectrum Licence Limits) Direction No. 2 of 2012 (the Direction) sets forth the specific limits on the use of spectrum in the designated areas for the 2.5GHz band, as described in the Radiocommunications (Spectrum Re-allocation) Declaration No. 2 of 2011. According to section 4(1) of the Direction, the Australian Communications and Media Authority (ACMA) must establish procedures to ensure that no individual or specified group of persons can use more than 40 MHz of spectrum in the frequency bands 2500 MHz to 2570 MHz and 2620 MHz to 2690 MHz in the designated areas. These procedures are intended to manage and regulate the allocation of spectrum to prevent excessive use by any single entity. The Direction imposes several obligations on the parties and entities it governs. Primarily, it mandates the ACMA to develop and implement procedures that ensure compliance with the specified spectrum usage limits. This includes defining the criteria for determining whether an individual or group of persons exceeds the allowed spectrum usage. The Direction also requires the ACMA to monitor and enforce these limits, ensuring that spectrum is allocated fairly and efficiently. Furthermore, entities holding spectrum licenses must adhere to the established limits and comply with any additional conditions set by the ACMA. Breaches of the provisions set out in this Direction can result in various consequences. The Radiocommunications Act 1992, under which this Direction is made, includes provisions for both civil and criminal penalties for non-compliance. Civil penalties may include fines and the potential revocation of spectrum licenses. Criminal penalties can be imposed for more serious breaches, which may include imprisonment. The exact penalties depend on the nature and severity of the breach, but the Act provides a framework for enforcement actions to ensure adherence to the specified spectrum usage limits.

Area of Law: Communications Law
Instrument: Statutory Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Licensing & Registration; Regulatory Standards

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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.

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