Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3)

Administered by Department of Communications and the Arts

Legislation au F2007L03651 Not in force Legislative Instrument

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Explanatory Statement

Issued by the authority of the Australian Communications and Media Authority

 

RADIOCOMMUNICATIONS (TRANSMITTER LICENCE TAX) AMENDMENT DETERMINATION 2007 (NO. 3)

 

Radiocommunications (Transmitter Licence Tax) Act 1983

 

 

 

Background, purpose and legislative basis

 

This document provides an explanation of the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3), (the Amendment Determination) made under subsection 7 (1) of the Radiocommunications (Transmitter Licence Tax) Act 1983 (the Transmitter Licence Tax Act).

 

Subsection 7(1) of the Transmitter Licence Tax Act provides that the amount of tax in respect of the issue of a transmitter licence, the anniversary of a transmitter licence coming into force or the holding of a transmitter licence is the amount determined by ACMA. The Principal Determination in relation to these matters is the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).

 

Section 46 of the Radiocommunications Act 1992 (the Radiocommunications Act) states that, otherwise than in an ‘emergency’ (section 49, Radiocommunications Act), a radiocommunications device may only be used in Australia when it is authorised by a class, apparatus or spectrum licence. A new licence option is required in order to enable deployment of a new high-capacity broadband wireless technology known as millimetre wave. This technology operates in the 71-76 GHz and 81-86 GHz frequency ranges.

 

The licensing regime required to support stations operating in the 71-76 and 81-86 GHz frequency ranges is identical to that currently in place for point to point (58 GHz band) stations. The Radiocommunications (Interpretation) Amendment Determination 2007 (No. x) therefore seeks to remove the (narrow) definition of ‘point to point (58 GHz band) station’ and create a single new licence option that efficiently absorbs both the 58 GHz and the 71-76 and 81-86 GHz frequency ranges. The definitional name for this licence option is ‘point to point (self coordinated) station.’

 

To facilitate the regulatory arrangements for the new licence option, an amendment is required to the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) in order to apply the annual tax for stations operating in the applicable bands. This is provided for in the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3).

 

Millimetre wave technology employs antennas that produce very narrow beamwidth (or ‘pencil beam’) emissions. This means that stations operating in the 71 to 76 and 81 to 86 GHz frequency ranges interfere with other stations only where the antennas of the two stations are pointing towards one another and/or are in very close proximity. The need for conventional coordination is therefore significantly reduced.

To provide maximum benefit to industry and to minimise costs to government, a self coordination approach based on the apparatus licence register was proposed by ACMA. Full details can be found in the discussion paper Planning of the 71-76 and 81-86 GHz bands for millimeter wave high capacity link technology (SPP 2006-11) released by ACMA on 11 December 2006. This paper proposed the introduction of a licensing regime and fee structure for millimetre wave services similar to that already in place for fixed point to point (58 GHz band) services.

 

 

Consultation

 

In accordance with section 17 of the Legislative Instruments Act 2003, ACMA conducted targeted consultation with industry in regard to the changes. The discussion paper Planning of the 71-76 and 81-86 GHz bands for millimetre wave high capacity link technology was released by ACMA on 11 December 2006. The comment period closed on 28 February 2007. Five submissions were received from industry and all were in agreement with the proposals outlined in the paper.

 

To provide maximum benefit to industry and to minimise costs to government, a self coordinated approach based on the apparatus licence register was proposed by ACMA. Full details can be found in the discussion paper Planning of the 71-76 and 81-86 GHz bands for millimeter wave high capacity link technology (SPP 2006-11) released by ACMA on 11 December 2006. This paper proposed the introduction of a licensing regime and fee structure for millimetre wave services similar to that already in place for fixed point to point (58 GHz band) services.

 

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3) has no effect on competition. Rather, the changes open up new spectrum for use by industry under a fixed and inexpensive tax regime.

 

Due to the facilitative rather than prohibitive nature of the amendments, there is no compliance cost to industry. For this reason ACMA’s Best Practice Regulation Coordinator decided that the determination was minor and machinery in nature and a Regulation Impact Statement (RIS) and Business Cost Calculator (BCC) Report were not required. The Office of Best Practice Regulation (OBPR) was consulted as a part of this process (ACMA Reference: 024).

 

The proposed changes do not substantially affect existing 58 GHz licences. However, there are 13 existing licences in the 58 GHz band.

 

 

Notes on the Instrument

 

Section 1 – Name of the Determination

 

Section 1 provides that the Amendment Determination is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3).

 

 

 

Section 2 - Commencement

 

Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Amendment of the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2)

 

Section 3 provides that Schedule 1 amends the Principal Determination.

 

 

Schedule 1- Amendments

 

[1] Schedule 2, table 702, item 4

 

Item 1 of the Amendment Determination amends Schedule 2, table 702, item 4 of the Principal Determination. Table 702 sets out the amount of tax in respect of the licences. Item 1 of the Amendment Determination substitutes the existing reference to ‘point to point (58 GHz band) stations’ with a reference to ‘point to point (self-coordinated) stations’. This removes the redundant reference to 58 GHz band stations and sets the same annual tax amount for point to point (self coordinated) station licences as was in place for 58 GHz licences ($180.00 per pair of spectrum accesses).

 

[2] Dictionary, definition of point to point (58GHz band) station

 

Item 2 of the Amendment Determination amends the Dictionary to the Principal Determination. Item 2 of the Amendment Determination omits the dictionary definition of ‘point to point (58 GHz band) station’.

 

[3] Dictionary, before definition of point to point station

 

Item 3 of the Amendment Determination amends the Dictionary to the Principal Determination. Item 3 of the Amendment Determination inserts a definition of ‘point to point (self-coordinated) station’. Item 3 of the Amendment Determination states: ‘point to point (self-coordinated) station’ has the meaning given by the Radiocommunications (Interpretation) Determination 2000. 

Overview

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3) was enacted to address the need for a new licensing regime to support the deployment of millimetre wave technology, which operates in the 71-76 GHz and 81-86 GHz frequency ranges. This determination was made under the authority of the Australian Communications and Media Authority (ACMA) pursuant to subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983. The policy objective was to facilitate the deployment of this new technology by introducing a licensing regime that is efficient and cost-effective, thereby opening up new spectrum for industry under a fixed and inexpensive tax regime. The changes proposed in the Amendment Determination were broadly supported by industry, as evidenced by the five submissions received during the consultation period, all of which agreed with the proposals outlined in ACMA’s discussion paper on millimetre wave technology. This determination ensures that the new licensing regime aligns with existing structures for point-to-point (58 GHz band) services while adapting to the specific characteristics of millimetre wave technology.

Scope and Application

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3) amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983. This amendment applies to entities holding a transmitter licence in Australia, specifically those operating in the 71-76 GHz and 81-86 GHz frequency ranges for high-capacity broadband wireless technology known as millimetre wave. The amendment introduces a new licence option called ‘point to point (self-coordinated) station’, which effectively replaces the previous narrow definition of ‘point to point (58 GHz band) station’. This change is designed to streamline the licensing regime for these frequency ranges, thereby facilitating the deployment of new technologies while maintaining a consistent regulatory approach. The amendment applies nationally across Australia and does not exclude any entities from its scope. However, the changes do not affect existing 58 GHz licences, which continue to operate under their current conditions. The amendment's commencement date is set for the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3) modifies the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) to accommodate a new high-capacity broadband wireless technology known as millimetre wave. The key provision of this amendment is found in section 3, which amends Schedule 2, table 702, item 4 of the Principal Determination. This amendment replaces the existing reference to 'point to point (58 GHz band) stations' with 'point to point (self-coordinated) stations', effectively setting the same annual tax amount for these new licences as was in place for 58 GHz licences, at $180.00 per pair of spectrum accesses (Item 1 of Schedule 1). Additionally, it removes the redundant definition of 'point to point (58 GHz band) station' from the Dictionary of the Principal Determination (Item 2 of Schedule 1), and inserts a new definition of 'point to point (self-coordinated) station' (Item 3 of Schedule 1). The Amendment Determination imposes specific obligations on entities holding or seeking licences for point to point (self-coordinated) stations. Primarily, these entities must adhere to the new tax regime as set out in the amended determination, ensuring they pay the specified annual tax. Furthermore, they must comply with any additional requirements or conditions stipulated in their licences, which may include technical specifications, operational parameters, and any other regulatory obligations imposed by the Australian Communications and Media Authority (ACMA). There are no explicit offences, penalties, or civil/criminal consequences detailed within the Amendment Determination itself. However, non-compliance with the tax regime or other regulatory obligations imposed by ACMA could result in penalties under the broader legislative framework of the Radiocommunications Act 1992 and the Radiocommunications (Transmitter Licence Tax) Act 1983. Penalties for non-compliance with these Acts can include fines, licence suspension, or revocation, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the relevant provisions of these Acts.

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