EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Spectrum Licence Renewal – Information and Documents) Instrument 2026
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Spectrum Licence Renewal – Information and Documents) Instrument 2026 (the instrument) under subsections 77A(6) and (7) of the Radiocommunications Act 1992 (the Act).
Subsection 77A(4) provides that an application for renewal of a spectrum licence must be made in a manner and in a form approved by the ACMA (paragraphs (a) and (b)), and must be accompanied by such information and documents as are specified in an instrument made under subsections (6) and (7), respectively (paragraphs (c) and (d)).
Subsection 77A(6) of the Act provides that the ACMA may, by legislative instrument, specify information for the purposes of paragraph (4)(c).
Subsection 77A(7) of the Act provides that the ACMA may, by legislative instrument, specify documents for the purposes of paragraph (4)(d).
Subsection 28C(1) of the Act provides that, in performing its spectrum management functions and exercising its spectrum management powers, the ACMA must have regard to any relevant Ministerial policy statements made under section 28B of the Act. In making the instrument, the ACMA has had regard to:
- the Radiocommunications (Ministerial Policy Statement – Expiring Spectrum Licences) Instrument 2024; and
- the Radiocommunications (Ministerial Policy Statement – 3.4–4.0 GHz) Instrument 2022.
Purpose and operation of the instrument
Background
Spectrum licences permit a licence holder to deploy any number of transmitters and receivers within a geographic area and frequency band subject to emission limits outside that area and band.
These licences do not generally have restrictions on use or technology, and may be issued for up to 20 years (subsection 65(3) of the Act). The majority of current spectrum licences are due to expire between June 2028 and October 2032.
A licensee may apply to the ACMA for renewal of their licence under subsection 77A(1).
Subsection 77C(1) of the Act allows the ACMA, following the making of an application for the renewal of a spectrum licence, to renew a licence by issuing a new licence to the applicant. Subsection 77C(5) of the Act provides that, when issuing a new licence under subsection 77C(1), the ACMA must not issue a new spectrum licence that specifies a period for the purposes of subsection 65(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so. The ACMA published its preferred views on expiring spectrum licences in December 2025. Those views set out a policy approach that licences considered to be in the public interest to renew should have a duration of between 11.25 and 16 years. However, the actual duration of any renewed licence will depend on all the circumstances before the ACMA at the time of decision.
Purpose and operation
To assist the ACMA in considering applications for renewal of a spectrum licence, the ACMA formed the view that applications should be accompanied by information about the use of the relevant spectrum, including site and coverage information. Applications must also be accompanied by information about the licensee’s proposed future use of the spectrum licence and information about any third-party authorisations or other sharing arrangements that are relevant to the licence.
The instrument sets out the information and documents that are required to accompany an application for renewal of a spectrum licence.
In relation to existing site and coverage information, the information requested from incumbent mobile network operators (MNOs) and NBN Co is akin to information provided to the Australian Competition and Consumer Commission (the ACCC) under the Audit of Telecommunications Infrastructure Assets – Record Keeping Rules (the Record Keeping Rules) as in force on 15 December 2023.
The instrument also specifies the information and documents required from licensees providing rail safety and television outside broadcasting services. The information and documents required from these licensees differ from those imposed on MNOs and NBN Co, in that they do not require the provision of coverage information.
Other matters
Failure to provide the information or documents required by the instrument may mean that a licensee’s application for renewal is incomplete, with the consequence that the licence cannot be renewed. However, it is neither an offence, nor subject to a civil penalty, to fail to provide the information or documents required by the instrument.
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA) and is disallowable. The instrument is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.
Documents incorporated by reference
Subsection 314A(1) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) provisions of any Act as in force at a particular time, or from time to time. Subsection 314A(2) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing as in force or existing at a particular time, or from time to time.
The instrument incorporates all or parts of the following Acts and legislative instruments, as in force from time to time:
- the Act;
- the Corporations Act 2001;
- the Radiocommunications (Interpretation) Determination 2025;
- the Telecommunications Act 1997.
Each of these Acts and instruments is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
The instrument also incorporates all or part of the following documents:
- the Geodetic Datum of Australia known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as existing from time to time. Gazette No. GN 35 is available, free of charge, at www.legislation.gov.au;
- the Record Keeping Rules, as in force on 15 December 2023. The Record Keeping Rules are available, free of charge, from the ACCC’s website at www.accc.gov.au.
Consultation
Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.
A draft version of the instrument was released for public consultation on 17 December 2025, together with a consultation paper ESL stage 4 – application and decision-making process. Consultation closed on 27 February 2026.
The ACMA received 7 submissions on the issue of supporting information and documents required for licence renewal. These submissions included incumbent licensees likely to be affected by the instrument. The submissions received are available on the ACMA website at www.acma.gov.au.
Submissions contained a range of views. Some submitters considered that the level of information required would be burdensome, or that information about planned future use of the spectrum should be kept at a high level or treated as indicative only, noting that plans may be subject to change. Other submitters stated that they had no concerns with the requirement to provide supporting information and documents.
No submitters claimed that they would be unable to meet the information and documents requirements. The ACMA considers the provision of up-to-date network information to be a reasonable requirement, and necessary in allowing it to form a view on whether to renew a spectrum licence. This information may also assist the ACMA in forming views on public interest considerations relevant to renewing a licence.
In response to the feedback received, ACMA amended the instrument to require applicants to provide either:
- a statement, signed by the chief executive officer or a director of the applicant, confirming that the applicant intends to use the renewed licence for the same uses as the existing licence; or
- where the intended use differs from the current use, information about the applicant’s planned change in use of the spectrum.
The ACMA noted during its consultation that information about planned future use may be subject to change. Such information will be used primarily to assess whether spectrum licences are intended to support use of the spectrum covered by the licence that the ACMA considers promotes the long-term public interest.
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.
The statement of compatibility with human rights set out below has been prepared to meet that requirement.
Overview of the instrument
Spectrum licences permit a licence holder to deploy any number of transmitters and receivers within a geographic area and frequency band subject to emission limits outside that area and band.
These licences do not generally have restrictions on use or technology, and may be issued for up to 20 years (subsection 65(3) of the Act). The majority of current spectrum licences are due to expire between June 2028 and October 2032.
A licensee may apply to the ACMA for renewal of their licence under subsection 77A(1) of the Act.
Subsection 77C(1) of the Act allows the ACMA, following an application for the renewal of a spectrum licence, to renew a licence by issuing a new licence to the applicant. Subsection 77C(5) of the Act provides that, when issuing a new licence under subsection 77C(1), the ACMA must not issue a new spectrum licence that specifies a period for the purposes of subsection 65(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so. The ACMA published its preferred views on expiring spectrum licences in December 2025. Those views set out a policy approach that licences considered to be in the public interest to renew should have a duration of between 11.25 and 16 years. However, the actual duration of any renewed licence will depend on all the circumstances before the ACMA at the time of decision.
To assist the ACMA in considering applications for renewal of a spectrum licence, the ACMA formed the view that applications should be accompanied by information about the use of the relevant spectrum, including site and coverage information. Applications must also be accompanied by information about the licensee’s proposed future use of the spectrum licence and information about any third-party authorisations or other sharing arrangements that are relevant to the licence.
The instrument sets out the information and documents that are required to accompany an application for renewal of a spectrum licence.
Human rights implications
The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.
Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications (Spectrum Licence Renewal – Information and Documents) Instrument 2026
Part 1 – Preliminary
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Spectrum Licence Renewal – Information and Documents) Instrument 2026.
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Section 3 Authority
This section identifies the provisions of the Act that authorise the making of the instrument, namely subsections 77A(6) and 77A(7) of the Act.
Section 4 Interpretation
This section defines a number of key terms used throughout the instrument.
Some other expressions used in the instrument are defined in the Act.
This section also provides that, if a licensee applies (or two licensees, who are related bodies corporate, apply) for renewal of two or more spectrum licences in the same band, and the information and documents to accompany each application are the same, then the information and documents only need to accompany one of the applications, provided certain criteria are met.
Section 5 References to other instruments
This section provides that in the instrument, unless the contrary intention appears:
- a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
- a reference to any other kind of instrument is a reference to that other instrument or writing as in force, or existing, from time to time.
Part 2 – Spectrum licences used in mobile networks
Section 6 Application and interpretation
Section 6 identifies the licence renewal applications to which Part 2 of the instrument applies, that is, renewal applications for licences that are not held by NBN Co (which are covered by Part 3) and not held by television entities, or by or for the benefit or use of rail entities (which are covered by Part 4). In practice, the licences covered by Part 2 are held by MNOs.
Section 7 Information and documents – existing mobile sites and coverage
Section 7 sets out the existing radiocommunications transmitter site and coverage information that must accompany an application for renewal of a spectrum licence held by an MNO.
This section specifies the site-based information required for each mobile site operated under the licence. The required information includes the site ID, location, technology type and frequency band used by each transmitter.
The information required to be included with the application under this section is comparable to the information MNOs provided to the ACCC under the Record Keeping Rules, as in force on 15 December 2023, but is confined to the spectrum licence that is subject of the renewal application. The ACCC varied the Record Keeping Rules on 28 November 2025; those changes are not captured by the instrument.
The section also requires the information to be provided in the form of a specific electronic document.
Section 8 Information and documents – future use of the licence
Section 8 sets out the information and documents required to accompany an application for renewal of a spectrum licence held by an MNO, about the applicant’s intended future use of the spectrum.
Where an applicant’s proposed future use of the spectrum is unchanged from its current use, section 8 requires the application to be accompanied by a document signed by the chief executive officer or a director of the licensee, declaring that the general use of the spectrum is not intended to change during the ‘reference period’ for the application, and acknowledging that it is a serious offence to give false or misleading information. The ‘reference period’ is the period commencing the 31 January preceding the day the application was made and ending on the third anniversary of the day on which the spectrum licence expires.
Where an applicant proposes to change the future use of the spectrum during the reference period, this section requires the applicant to provide information describing the proposed future use, including the relevant technology type, the nature of any proposed service, and the end users of that service. If the proposed change applies to only part of the frequency range or geographic area, the application must include information identifying the relevant part of the frequency range or geographic area to which the change in use will apply. The applicant must also explain when the change in use will occur.
This section also requires that, where the future use is proposed to change, the required information must be accompanied by a document, signed by the chief executive officer or director of the licensee, acknowledging that it is a serious offence to give false or misleading information.
Section 9 Information and documents – authorised persons
Section 9 sets out the information and documents that must accompany an application for renewal where a licensee has authorised a third party under subsection 68(1) of the Act to operate radiocommunications devices under the licence. The section requires the application to include information identifying each authorised person, the geographic areas in which they are authorised to operate, and the relevant frequency ranges.
Section 9 does not apply in relation to an authorised third party who only operates radiocommunications devices that are not required to be registered under section 69 of the Act, or that is a related body corporate of the applicant.
The section also requires the geographic information to be provided in the form of a specific electronic document.
Section 10 Requirements to be met by information provided
Section 10 sets out requirements that apply to information provided under Part 2. It requires that information provided with a renewal application must be true and correct on the reference date for the application. Section 10 also specifies how geographic information must be described, subject to limited exceptions.
This section provides that information submitted under section 7 must relate only to radiocommunications transmitters operated under the subject licence or a related spectrum licence (that is, one in the same band held by the same person, or by a related body corporate), while information submitted under section 8 must relate to the subject licence but may include information about other licences where relevant to describing the licensee’s intended future use of the spectrum.
Part 3 – Spectrum licences held by NBN Co
Section 11 Application and interpretation
Section 11 identifies the licence renewal applications to which Part 3 of the instrument applies, that is, renewal application for licences that are held by NBN Co.
Section 12 Information and documents – existing fixed wireless sites and coverage
Section 12 sets out the existing radiocommunications transmitter site and coverage information that must accompany an application for renewal of a spectrum licence to which Part 3 applies, in relation to fixed wireless services.
This section specifies the site-based information required for each fixed wireless site operated under the licence. The required information includes site location, technology type and frequency band used by each transmitter.
The information required to be included with the application under this section is comparable to the information NBN Co provided to the ACCC under the Record Keeping Rules, as in force on 15 December 2023, but is confined to the spectrum licence that is subject of the renewal application. The ACCC varied the Record Keeping Rules on 28 November 2025; those changes are not captured by the instrument.
The section also requires the information to be provided in the form of a specific electronic document.
Section 13 Information and documents – future use of the licence
Section 13 sets out the information and documents required to accompany an application for renewal of a spectrum licence held by NBN Co, about the applicant’s intended future use of the spectrum.
Where NBN Co’s intended future use of the spectrum is unchanged from its current use, section 13 requires the application to be accompanied by a document signed by the chief executive officer or a director of NBN Co, declaring that the general use of the spectrum is not intended to change during the reference period for the application, and acknowledging that it is a serious offence to give false or misleading information.
Where NBN Co proposes to change the future use of the spectrum during the reference period, this section requires NBN Co to provide information describing the proposed future use, including the relevant technology type, the nature of any proposed service, and the end users of that service. If the proposed change applies to only part of the frequency range or geographic area, the application must include information identifying the relevant part of the frequency range or geographic area to which the change in use will apply. NBN Co must also explain when the change in use will occur.
Section 13 also requires that, where the future use is proposed to change, the required information be accompanied by a document, signed by the chief executive officer or director of NBN Co, acknowledging that it is a serious offence to give false or misleading information.
Section 14 Information and documents – authorised persons
Section 14 sets out the information and documents that must accompany an application for renewal where a licensee has authorised a third party under subsection 68(1) of the Act to operate radiocommunications devices under the licence. The section requires the application to include information identifying each authorised person, the geographic areas in which they are authorised to operate, and the relevant frequency ranges.
Section 14 does not apply to an authorised third party who only operates radiocommunications devices that are not required to be registered under section 69 of the Act, or that is a related body corporate of the applicant.
The section also requires the geographic information to be provided in the form of a specific electronic document.
Section 15 Requirements to be met by information provided
Section 15 sets out requirements that apply to information provided under Part 3. It requires that information provided with a renewal application must be true and correct on the reference date for the application. Section 15 also specifies how geographic information must be described, subject to limited exceptions.
Section 15 also limits the scope of information required. Information submitted under section 12 must relate only to radiocommunications transmitters operated under the subject licence or a related spectrum licence, while information submitted under section 13 must relate to the subject licence but may include information about other licences where relevant to describing NBN Co’s intended future use of the spectrum.
Part 4 – Spectrum licences for rail and outside broadcasting
Section 16 Application and interpretation
Section 16 identifies the licence renewal applications to which Part 4 of the instrument applies, that is, renewal application for licences that are held by, or for the benefit or use of, a rail entity, or by a television entity. The ‘rail entities’ and ‘television entities’ are listed in section 4.
Section 17 Information and documents – existing sites
Section 17 sets out the existing radiocommunications transmitter site information that must accompany an application for renewal of a spectrum licence to which Part 4 applies, where the licence is used for a telecommunications network for communications by a rail entity or a television entity.
This section specifies the site-based information required for each relevant fixed station operated under the licence. The required information includes site location, technology type and frequency band used by each transmitter.
The section also requires the information to be provided in the form of a specific electronic document.
Section 18 Information and documents – future use of the licence – television entities
Section 18 sets out the information and documents required to accompany an application for renewal of a spectrum licence held by a television entity, about the applicant’s intended future use of the spectrum.
Where a television entity’s intended future use of the spectrum is unchanged from its current use, section 18 requires the application to be accompanied by a document signed by the chief executive officer or a director of the licensee declaring that the general use of the spectrum is not intended to change during the reference period for the application, and acknowledging that it is a serious offence to give false or misleading information.
Where a television entity proposes to change the future general use of the spectrum during the reference period, this section requires the applicant to provide information describing the proposed future use, including the relevant technology type, the nature of any proposed service, and the end users of that service. If the proposed change applies to only part of the frequency range or geographic area, the application must identify the relevant part of the frequency range, geographic area, and the timing of the proposed change.
Section 18 also requires that, where the future use is proposed to change, the required information be accompanied by a document, signed by the chief executive officer or director of the licensee, acknowledging that it is a serious offence to give false or misleading information.
Section 19 Information and documents – future use of the licence – rail entities
Section 19 sets out the information and documents required to accompany an application for renewal of a spectrum licence held by, or for the benefit or use of, a rail entity, about the intended future use of the spectrum.
Where the rail entity’s intended future use of the spectrum is unchanged from its current use, section 19 requires the application to be accompanied by a document declaring that the general use of the spectrum is not intended to change during the reference period for the application, and acknowledging that it is a serious offence to give false or misleading information. The statement must be signed by an appropriate signatory, which may include the chief executive officer or a director of the licensee, the licensee itself, or a person authorised to act on behalf of the licensee, reflecting that licensees for these licences may be State government entities.
Where a rail entity proposes to change the future general use of the spectrum during the reference period, section 19 requires the applicant to provide information describing the proposed future use, including the relevant technology type, the nature of any proposed service, and the end users of that service. If the proposed change applies to only part of the frequency range or geographic area, the application must identify the relevant part of the frequency range, geographic area, and the timing of the proposed change.
Section 19 also provides that a change in technology from GSM-R technology to another technology constitutes a change in general use, noting the Future Railway Mobile Communication System (FRMCS) as an example of an alternative technology.
Section 19 also requires that, where the future use is proposed to change, the required information be accompanied by a document, signed by an appropriate signatory, acknowledging that it is a serious offence to give false or misleading information.
Section 20 Requirements to be met by information provided
Section 20 sets out requirements that apply to information provided under Part 4. It requires that information provided with a renewal application must be true and correct on the reference date for the application. Section 20 also specifies how geographic information must be described, subject to limited exceptions.
Section 20 also limits the scope of information required. Information submitted under section 17 must relate only to radiocommunications transmitters operated under the subject licence or a related spectrum licence, while information submitted under sections 18 and 19 must relate to the subject licence but may include information about other licences where relevant to describing the licensee’s intended future use of the spectrum.