EXPLANATORY STATEMENT
RADIOCOMMUNICATIONS (SPECTRUM RE-ALLOCATION) DECLARATION NO. 1 OF 2005
(AMENDMENT NO. 1 OF 2006)
Legislative provisions for spectrum re-allocation
The Minister may issue a spectrum re-allocation declaration under section 153B of the Radiocommunications Act 1992. This declaration specifies parts of the spectrum that are subject to re‑allocation, and whether the spectrum will be re-allocated by issuing spectrum or apparatus licences.
The Minister must not make a spectrum re-allocation declaration in relation to a part, or parts, of the spectrum unless the Australian Communications and Media Authority (ACMA) has given the Minister a recommendation under section 153F in relation to that part, or those parts, of the spectrum (section 153E).
New licences must be issued by the ‘re-allocation deadline’ specified in the declaration (subsection 153B(5) and section 153K of the Act).
The Minister may also vary a declaration under subsection 153J(4) of the Act to extend the re-allocation deadline in special circumstances.
Specified incumbent apparatus licensees in subject parts of the spectrum have a period (which is specified in the declaration as the ‘re-allocation period’) to vacate the spectrum (or negotiate new arrangements with the eventual owner of the spectrum licence). This avoids the delays incurred by clearing spectrum prior to re-allocation, and the risks of clearing spectrum unnecessarily or too early in relation to the demand for its use.
Apparatus licences that are affected by a spectrum re-allocation declaration will be cancelled at the end of the re-allocation period specified in the declaration (sections 153D and 153H).
The re-allocation period must begin within 28 days after the declaration is made, and run for at least 2 years (subsection 153B(4)).
If a spectrum re-allocation declaration states that a part, or parts, of the spectrum should be re-located by issuing spectrum licences, then those licences must be issued in accordance with a marketing plan prepared under section 39A of the Act (section 153L).
A spectrum re-allocation declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Background
In October 2004, the Acting Chair of the former Australian Communications Authority (ACA) wrote to the Minister for Communications, Information Technology and the Arts, Senator the Hon Helen Coonan, recommending that the Minister issue a spectrum re‑allocation declaration to enable the ACA to allocate new spectrum licences in the 2010‑2025 MHz band in metropolitan and regional areas.
The ACA advised that in Australia there has been growing interest in the potential of wireless broadband technologies to deliver a range of services. Demand for higher speed internet access is one of the key drivers. Broadband Wireless Access (BWA) can provide higher data rates over greater distances and may be more rapidly deployed than current copper cable (DSL) technologies.
The Minister issued the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005. The Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 came into force on 13 April 2005, the day after it was placed on the Legislative Instruments Register.
The Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 enables ACMA to allocate new spectrum licences in the 2010-2025 MHz band in metropolitan and regional areas. The re-allocation period is set at the minimum time period of two years.
On 1 July 2005 the former ACA and the Australian Broadcasting Authority merged to form ACMA. The Acting Chair of ACMA wrote to the Minister on 8 December 2005 requesting a minor variation to the spectrum licence areas of South Queensland and NSW/ACT. Industry requested a slight change in the boundary between those licence areas to move it to a less populated area due to the potential for a gap in service coverage at the boundary of the licences. ACMA subsequently consulted with industry on the proposed licence area boundary change.
ACMA also requested an extension to the re‑allocation deadline from 13 April 2006 to 31 December 2006, and the re-allocation period to 13 April 2007 to 31 December 2007 . The original deadlines are no longer achievable due to delays caused by consultation with industry on the licence area boundary change, and technical planning issues.
Notes on the Declaration
Clause 1 – Name of Declaration
Section 1 specifies the name of the Declaration as the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 (Amendment No. 1 of 2006).
Clause 2 – Commencement
This section specifies the commencement date for the Declaration. Commencement will be on the day after the Declaration is registered on the Federal Register of Legislative Instruments.
Clause 3 – Amendments
This specifies that Schedules A and B amend the Radiocommunications (Spectrum Re‑allocation) Declaration No. 1 of 2005 (the principal Declaration).
Schedule A
This section details the specific amendments to the principal Declaration with regard to the re-allocation deadline and re-allocation period.
Item 1 replaces paragraph 4(3)(b) with a new provision which specifies an extended re-allocation period ending at midnight on 31 December 2007.
Item 2 replaces subclause 4(4) with a new provision which specifies that, for the purposes of subsection 153B(5) of the Act, the re‑allocation deadline for the Declaration now ends at midnight on 31 December 2006.
Schedule B – designated areas
Schedule 1 of the principal Declaration designates a number of areas in which spectrum licences will be allocated in the relevant spectrum band, by use of a series of location coordinates for each area.
Item 3 and Schedule B replace Schedule 1 of the principal Declaration. New Schedule 1 specifies the revised designated areas. The differences are to change the boundary between the South Queensland and NSW/ACT areas. The other difference in new Schedule 1 is to number each coordinate point for each area.