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Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005

Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005

Administered by Department of Communications and the Arts

Legislation au F2005L02543 Not in force Legislative Instrument

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Explanatory Statement

Issued by the authority of the Australian Communications and Media Authority (‘ACMA’)

Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005

Radiocommunications Act 1992

Legislative Provisions
Subsection 88(1) of the Radiocommunications Act 1992 refers to rules about assignments and confers on the ACMA the power to determine rules for assignments of spectrum licences and set out the circumstances in which spectrum licences are to be varied, issued or cancelled under section 87.

Background

This determination sets out the conditions under which the Department of Defence (Defence) as the licensee can trade Defence spectrum licences in the 20.2 – 21.2 GHz and 30.0 – 31.0 GHz (20/30 GHz) bands. It specifies the rules that apply if Defence were to trade the spectrum.

Section 85 of the Act allows for spectrum licences to be traded, subject to any rules that the ACMA may determine under section 88. Both the 20 and 30 GHz licences will be tradable, but with restrictions.

The standard trading unit set by the trading rules produce the result that Defence may trade only in ‘whole of band and whole of geographic area’ (i.e. whole of Australia). This restriction is applied because the technical frameworks issued with these licences, while suitable to ‘whole of band, whole of Australia’ usage by Defence, would become unsuitable if partial trading occurred.

Should Defence want to trade the spectrum in part, an amended or new licence will need to be issued by the ACMA, as indicated in section 8 of the determination. The ACMA will develop technical frameworks, where appropriate, to facilitate partial trading.

This determination commences on the day after it is registered.

Consultation

Representatives of Defence and interested personnel within the ACMA formed a team that was consulted on issues concerning Defence spectrum licensing, including those issues relevant to this determination, so consultation with Defence was ongoing. Consultation with Defence was considered the most important part of the public consultation process, as Defence is the only incumbent licensee in the 20/30 GHz bands and the conversion of these bands to spectrum licences is unlikely to have any significant impact on business, competition, or on other licensees. Also, as part of two public consultation phases, the ACMA consulted with two commercial satellite operators who have filings with the International Telecommunication Union. Both operators were supportive of the conversion process.

Additionally, licence note 10 in the sample spectrum licences is included as a result of the public consultation, and describes the key restrictions applied to these spectrum licences (by this determination) regarding the standard trading unit including minimum geographical area.

Details of the Determination

Section 1 - Name of Determination

Section 1 provides for how the determination is to be cited.

Section 2 - Commencement

Section 2 sets the commencement date for the determination.

Section 3 – Purpose of Determination

Section 3 states the purpose of the determination.

Section 4 – Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 – non-application to Defence

Section 4 provides that the Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 does not apply to Defence.

Section 5– Definitions

Section 5 sets out definitions of terms referred to in this determination.

Section 6 - Approval of form

Section 6 provides that the ACMA must approve a trading form to be used by Defence to provide information about a trade.

Section 7 - What may be traded

Section 7 sets out what and to whom Defence may trade, subject to the restrictions set out in Section 8.

Section 8 - Restrictions on trading

Section 8 sets out the restrictions that apply to trading the spectrum licences in the 20/30 GHz bands and sets out the procedure that Defence should follow if they wish to trade this spectrum in part or to a non-Defence licensee.

Section 9 – Information to be given to the ACMA

Section 9 sets out the information to be provided to the ACMA on the trading form referred to under section 6.

Schedule 1 – Standard Trading Unit

Schedule 1 sets out the standard trading unit that applies to specific bands of spectrum.

Overview

The Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 was enacted to establish specific rules governing the trading of Defence spectrum licences in the 20.2 – 21.2 GHz and 30.0 – 31.0 GHz bands, as per the provisions of the Radiocommunications Act 1992. This determination addresses the need for a regulatory framework to manage the trading of these high-frequency spectrum licences to ensure that their technical frameworks remain suitable for Defence's purposes. The Australian Communications and Media Authority (ACMA), which is responsible for administering the Radiocommunications Act, developed these rules to allow for the trading of spectrum licences under specific conditions. The policy objective of the determination is to facilitate the efficient and controlled trading of Defence spectrum licences while ensuring that the technical and operational integrity of these licences is maintained. This determination was developed following consultations with the Department of Defence and other relevant stakeholders, including commercial satellite operators. The consultation process was crucial to understanding the specific needs and restrictions associated with trading these high-frequency spectrum licences. The determination ensures that any trading of these licences is done in a manner that preserves their suitability for Defence's requirements, particularly by limiting trades to 'whole of band and whole of geographic area' to maintain technical compatibility. Any partial trading or trading to non-Defence licensees would require an amended or new licence from the ACMA, as outlined in the determination.

Scope and Application

The Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 applies to the Department of Defence (Defence) as the licensee for spectrum in the 20.2 – 21.2 GHz and 30.0 – 31.0 GHz bands, regulating how Defence can trade these spectrum licences. The determination is made under the Radiocommunications Act 1992, specifically through the authority conferred by subsection 88(1), which allows the Australian Communications and Media Authority (ACMA) to set rules for the assignment and variation of spectrum licences. This legislation sets the conditions for trading Defence’s spectrum licences, which are restricted to trading in whole bands and geographical areas due to technical considerations. Defence must trade these licences in their entirety for the whole of Australia, and any partial trading would require a new or amended licence from the ACMA, who will also develop the necessary technical frameworks. This determination does not apply to any other entities or industries, focusing solely on Defence's spectrum trading activities in the specified bands. The jurisdictional reach of this legislation is national, as it applies across Australia, and it does not extend to other parts of the world. The determination specifically excludes the application of the Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 to Defence, ensuring that Defence’s trading activities are governed solely by this new determination.

Key Provisions

The Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 (the Determination) outlines the rules governing the trading of Defence spectrum licences within the 20.2 – 21.2 GHz and 30.0 – 31.0 GHz (20/30 GHz) bands, which are crucial for the Department of Defence’s operations. Section 7 of the Determination specifies that Defence can trade these licences, but only in their entirety and across the whole geographic area of Australia. This restriction is in place because the technical frameworks provided with these licences are tailored to Defence’s needs for whole-band, whole-country usage. Any partial trading would require Defence to obtain a new or amended licence from the Australian Communications and Media Authority (ACMA), as outlined in Section 8. The ACMA will develop the necessary technical frameworks to enable such partial trading if required. The Determination imposes several obligations on Defence and the ACMA. Defence must adhere to the rules set out in Section 7 and 8, particularly the restriction on partial trading, and must use the trading form approved by the ACMA as per Section 6. The ACMA is required to approve the form and ensure that any necessary technical frameworks are developed for partial trading, as per Section 6 and 8. Additionally, Defence must provide specific information to the ACMA as outlined in Section 9, ensuring transparency and compliance with the trading rules. Failure to comply with the provisions of the Determination can lead to various consequences. While the Determination does not explicitly outline specific penalties, breaches of the Radiocommunications Act 1992 or related regulations could result in substantial penalties. Under the Radiocommunications Act, unauthorised use of spectrum can lead to civil penalties, while serious or repeated breaches could result in criminal penalties. The severity of these penalties depends on the nature and extent of the breach, with potential fines and imprisonment for serious offences. It is essential for Defence and other parties to adhere to the rules to avoid these legal repercussions.

Area of Law: Administrative Law; Regulatory Standards
Instrument: Statutory Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards; Reporting & Disclosure Obligations

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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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