Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013

Administered by Department of Communications and the Arts

Legislation au F2014L00034 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 Issued by the Australian Communications and Media Authority

 Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013

 Radiocommunications Act 1992 

Purpose

The purpose of the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 (the Determination) is to set out the rules for the trading of spectrum licences.  The Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013 (the Amendment Determination) provides updated rules for the trading of spectrum licences which are aimed at providing greater flexibility for spectrum licensees in the 2.3 GHz band in particular.  

Subsection 33(3) of the Acts Interpretation Act 1901 provides that when an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to amend that instrument. 

Legislative Provisions

The Amendment Determination is made under section 88 of the Radiocommunications Act 1992 (the Act) which provides that the Australian Communications and Media Authority (the ACMA) may determine rules for the assignment of spectrum licences and the circumstances in which licences can be varied, issued or cancelled as the result of an assignment.

The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that when an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to amend that instrument.

Background

The frequency range 2302-2400 MHz (‘the 2.3 GHz band’) is currently allocated Australia-wide via the issue of spectrum licences. Existing spectrum licences in the band are due to expire on 24 July 2015. The ACMA reviews the technical frameworks for a spectrum-licensed band as licences approach expiry. This helps to ensure the framework remains current and can manage interference across the tenure period of a spectrum licences in a particular band, which may be up to 15 years.

The ACMA established a Technical Liaison Group (TLG) to assist in the review of the technical framework for the 2.3 GHz band in August 2012. The TLG process involved consideration by the TLG of several iterations of proposed changes to the technical conditions that spectrum licensed devices would operate under in accordance with the Act.

One of the regulatory issues considered by the TLG was the technical parameters of technologies and the need for updated trading rules to reflect the newer technologies capable of operating in the 2.3 GHz band.  As a result, the TLG recommended that the minimum contiguous bandwidth (MCB) be increased from 3.5 MHz to 5 MHz to better align with the bandwidth of both existing and expected technologies.

Operation

The Amendment Determination sets out the rules for the trading of spectrum licences. The ACMA specifies the MCB in the Determination as it is the smallest contiguous bandwidth that can generally be licensed, and ensures that the potential for fragmentation in the band is reduced.

When spectrum licences were first issued in July 2000, the MCB defined for the 2.3 GHz band was set at 7 MHz. This aligned with the main technology used in the band at the time – Multipoint Distribution Systems (MDS) for the delivery of television services.

The ACMA amended the MCB to 3.5 MHz in 2009. This change was made to create a finer resolution in the MCB so it would be more representative of bandwidths used by fixed wireless access services technologies (broadband) while still supporting legacy MDS services.

MDS services are no longer operational in the 2.3 GHz band. Consequently, one of the outcomes of the ACMA’s review of the technical framework for the 2.3 GHz band is to optimise the MCB for fixed wireless access services and fixed point-to-point services, which use technologies that operate in bandwidths using multiples of 5 MHz.

The Amendment Determination changes the MCB for the 2.3 GHz band from 3.5 MHz to 5 MHz.

Consultation

The ACMA has consulted extensively with stakeholders about its plans to update the spectrum licensed technical framework for the 2.3 GHz band. The ACMA received two submissions in response to its consultation process. Neither respondent commented on the proposed amendment to the MCB specified in the Determination.

All written submissions from this consultation process are available on the ACMA’s website at www.acma.gov.au.

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 Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. This statement is in Attachment B.

Regulatory Impact

The ACMA consulted with the Office of Best Practice Regulation (the OBPR) on the requirement for a Regulation Impact Statement (RIS) for this legislative instrument. The OBPR advised that this Determination does not warrant the preparation of a RIS as it will only have minor impacts – OBPR reference ID16044.

 

Detailed Description of the Amendment Determination

Details of the Amendment Determination are set out in Attachment A.

ATTACHMENT A

DETAILS OF THE RADIOCOMMUNICATIONS (TRADING RULES FOR SPECTRUM LICENCES) AMENDMENT DETERMINATION 2013

Section 1 – Title

This section provides that the name of the Amendment Determination is the Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013.

Section 2 - Commencement

This section states that the Determination will commence on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Amendment of Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012

This section specifies that Schedule 1 amends the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012. 

Schedule 1 – Amendments

This Schedule sets out two amendments to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012. The first of these changes is to remove the table of contents from the instrument, which is unnecessary for a short instrument of this kind. The second change is to the number specified under the column “Minimum contiguous bandwidth (MHz) for Item 9 in Schedule 1.

The MCB is the minimum bandwidth required for the provision of services in the relevant frequency band. Subsection 8 (2) of the Determination imposes a restriction on the trading of spectrum licences where the resulting licence has a frequency bandwidth that is less than the MCB for the frequency band of the licence as set out in the Schedule. The minimum contiguous bandwidth for Item 9 is changed from 3.5 to 5 MHz. 

 ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013

This legislative instrument 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.

Overview of the Legislative Instrument

Section 88 of the Radiocommunications Act 1992 (the Act) provides that the ACMA may determine rules for the assignment of spectrum licences and the circumstances in which licences can be varied, issued or cancelled as the result of an assignment.

The purpose of the Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013 (the Amendment Determination) is to update the rules for the trading of spectrum licences for the 2.3 GHz band.  Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rulemaker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies, to cause a statement of compatibility to be prepared in respect of that legislative instrument.

The Amendment Determination is a legislative instrument that is subject to disallowance under section 42 of the Legislative Instruments Act 2003.

Human Rights Implications

The Amendment Determination does not engage any of the applicable rights or freedoms.

 Conclusion

The Amendment Determination is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013 was enacted to address the need for updated rules governing the trading of spectrum licences, particularly in the 2.3 GHz band. This Amendment Determination was introduced to provide greater flexibility for spectrum licensees and aligns with the technological advancements in the telecommunications sector. It was made under the authority of the Australian Communications and Media Authority (ACMA) pursuant to section 88 of the Radiocommunications Act 1992. The policy objective is to optimise the minimum contiguous bandwidth (MCB) for the 2.3 GHz band, reflecting the current and anticipated technologies operating in this spectrum, thereby enhancing the efficiency and effectiveness of spectrum usage. The Amendment Determination updates the previous rules by increasing the MCB from 3.5 MHz to 5 MHz, a change which was recommended following a review of the technical framework by the ACMA’s Technical Liaison Group.

Scope and Application

The Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013 applies to spectrum licensees within the 2.3 GHz frequency band, regulating the trading of spectrum licences in accordance with the Radiocommunications Act 1992. This Amendment Determination specifically targets the minimum contiguous bandwidth (MCB) for the 2.3 GHz band, changing it from 3.5 MHz to 5 MHz to align better with the bandwidth of current and anticipated technologies operating in this frequency range. It is implemented nationally and operates under the authority of the Australian Communications and Media Authority (ACMA), which has the power to make and amend such determinations under the Radiocommunications Act. The Amendment Determination does not include specific exclusions or thresholds but is designed to provide greater flexibility for spectrum licensees. The ACMA may further extend or restrict the application of this Determination through subordinate instruments, although none are currently specified. The Determination is compatible with human rights as it does not engage any of the rights or freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2013 (the Amendment Determination) amends the existing rules for the trading of spectrum licences under the Radiocommunications Act 1992 (the Act). Section 88 of the Act allows the Australian Communications and Media Authority (ACMA) to determine rules for the assignment of spectrum licences, including the circumstances under which they can be varied, issued, or cancelled due to an assignment. The Amendment Determination specifically updates the rules for the trading of spectrum licences in the 2.3 GHz band. The most significant change is the alteration of the minimum contiguous bandwidth (MCB) for this frequency band from 3.5 MHz to 5 MHz. This change aims to align the regulatory framework with the technological requirements of newer technologies operating in this band, thereby enhancing flexibility for spectrum licensees. The Amendment Determination imposes obligations on entities involved in the trading of spectrum licences in the 2.3 GHz band. These obligations include ensuring that any trading of spectrum licences respects the updated MCB of 5 MHz. Any assignment or transfer of spectrum licences in this band must comply with the new rules to avoid potential interference and to maintain efficient use of the spectrum. Additionally, any changes to the technical conditions under which the spectrum is used must align with the updated MCB. There are no explicit offences or penalties outlined in the Amendment Determination itself. However, any breaches of the amended trading rules could potentially lead to enforcement actions under the Radiocommunications Act 1992. Such actions might include the imposition of administrative penalties, orders for the cancellation of licences, or other corrective measures deemed necessary by the ACMA to ensure compliance with the legislative framework. The specific penalties for non-compliance would depend on the nature and severity of the breach, as well as other relevant provisions within the Radiocommunications Act 1992. The Amendment Determination ensures that the spectrum is used efficiently and in accordance with updated technical standards, thereby supporting the broader objectives of spectrum management in Australia.

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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.