Radiocommunications (Transmitter Licences — Auction) Amendment Determination 2010 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2010L00571 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Issued by the Australian Communications and Media Authority

Radiocommunications (Transmitter Licences – Auction) Amendment Determination 2010 (No.1)

Radiocommunications Act 1992

Purpose

The purpose of the Radiocommunications (Transmitter Licences – Auction) Amendment Determination 2010 (No. 1) (the Determination) is to remove the frequency range 1900-1920 MHz (the 1.9 GHz band) from the scope of the Determination.

This amendment also updates the relevant banking details for the Australian Communications and Media Authority (the ACMA).

Legislative Provisions

Section 106 of the Radiocommunications Act 1992 (the Act) provides that the ACMA may determine in writing a price-based allocation (PBA) system for allocating and/or issuing specified transmitter licences. The PBA system may apply in respect of a particular area; for a specified frequency range; and may require the payment of an application fee. 

The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where 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 Radiocommunications (Transmitter Licences – Auction) Determination 2006 (the Auction Determination) provides an equitable and transparent allocation process for apparatus licences in frequency bands released to support the roll out of wireless access services (WAS). The two frequency bands that the Auction Determination applies to are the 1.9 GHz and 2010-2025 MHz bands. Although developed for the issue of point-to-multipoint apparatus licences in these bands, the Auction Determination provides for other licence types and frequency bands to be included by amendment.

The 1.9 GHz band was included in the Auction Determination as a result of the high level of demand for access to the band in regional areas.  The number of apparatus licences issued in the 1.9 GHz band, and the demand for access to this band by regional operators, has decreased over time.  As a result, the ACMA has reviewed the method of allocation for the 1.9 GHz band and no longer considers use of a PBA system necessary.  

The ACMA intends to retain the frequency band 2010-2025 MHz in the Auction Determination at this time and will evaluate the allocation approach for other frequency bands as they are released for wireless access services (WAS) into the future.

Operation

The amendment will remove the 1.9 GHz band from the scope of the Determination, resulting in point-to-multipoint apparatus licences in the band being available for issue via an administrative allocation method..

The Determination also updates the ACMA’s banking details.

Consultation

Section 17 of Legislative Instruments Act 2003 requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken. The proposed amendments to the Auction Determination, along with a number of other legislative instruments, were included for consultation in a package of regulatory proposals to support wireless access services (WAS) arrangements for the 3.6 GHz band. 

The package was released on the ACMA website for consultation for the period 1 April to 15 May 2009 and was accompanied by a media release.  21 submissions were received in relation to the package.  Respondents to the 3.6 GHz consultation process were supportive of the proposed amendments to the Auction Determination, particularly regarding the proposed removal of the 1.9 GHz band from the scope of the Auction Determination

Regulatory Impact Statement

The ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Determination has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation (OBPR), the ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement.  The ACMA RIS exemption reference number is ACMA 109.

Detailed Description of the Instrument

Details of the Determination are set out in the Attachment.

 

 


ATTACHMENT

Notes on Sections

Section 1 – Name of Determination

This section provides for the name of the Determination.

Section 2 – Commencement

This section provides that the Determination commences on the day after it is registered.

Section 3 – Amendment to the Radiocommunications (Transmitter Licences – Auction) Determination 2006

This section provides that Schedule 1 amends the Radiocommunications (Transmitter Licences – Auction) Determination 2006.

Schedule 1  Amendments

Item [1] Subsection 1.4 (1)

This section limits the scope of the Determination to the frequency range 2010-2025 MHz only.

Item [2] Subsection 1.5 (1), definition of bank transfer

This section updates the definition of bank transfer by referring to the ACMA’s new bank account with the Australia and New Zealand Banking Group Limited.

Item [3] Subsection 2.5 (5)

This section provides updated bank account details of the ACMA, including branch location, account name and number, and BSB details.

 

Overview

The Radiocommunications (Transmitter Licences – Auction) Amendment Determination 2010 (No. 1) was enacted to address the changing demand for the 1.9 GHz frequency band used for point-to-multipoint apparatus licences, particularly in regional areas. The Australian Communications and Media Authority (ACMA) reviewed the allocation method for this band and determined that the use of a price-based allocation system was no longer necessary due to the decreased demand. This amendment removes the 1.9 GHz band from the scope of the Radiocommunications (Transmitter Licences – Auction) Determination 2006, allowing for the administrative allocation of licences in this band. Additionally, the amendment updates the relevant banking details for the ACMA, ensuring that the administrative processes remain current and efficient. The amendment was introduced under the authority of Section 106 of the Radiocommunications Act 1992, which empowers the ACMA to determine a price-based allocation system for specified transmitter licences, and it operates under the legislative framework established by the Legislative Instruments Act 2003.

Scope and Application

The Radiocommunications (Transmitter Licences – Auction) Amendment Determination 2010 (No. 1) applies to the Australian Communications and Media Authority (ACMA) and pertains to the allocation of transmitter licences within the frequency range of 2010-2025 MHz, excluding the 1.9 GHz band which has been removed from the scope of the Determination. This amendment affects entities and individuals seeking point-to-multipoint apparatus licences within the specified frequency range. The Determination operates under the Radiocommunications Act 1992, which grants the ACMA the authority to establish a price-based allocation system for transmitter licences, and this Determination updates the relevant banking details for the ACMA. The amendment is applicable nationally, aligning with the broader regulatory framework set by the Commonwealth. The ACMA has determined that this amendment has no or low impact, thus exempting it from the need for a Regulation Impact Statement, as per the Office of Best Practice Regulation's self-assessment regime. The Determination, which includes updated banking information for the ACMA, amends the previous Radiocommunications (Transmitter Licences – Auction) Determination 2006 to reflect the current allocation needs and procedures.

Key Provisions

The Radiocommunications (Transmitter Licences – Auction) Amendment Determination 2010 (No. 1) modifies the allocation process for transmitter licences, specifically affecting the frequency range of 1900-1920 MHz, commonly known as the 1.9 GHz band. Section 106 of the Radiocommunications Act 1992 empowers the Australian Communications and Media Authority (ACMA) to establish a price-based allocation (PBA) system for certain transmitter licences. However, the Amendment Determination excludes the 1.9 GHz band from the scope of the previous determination, which means that point-to-multipoint apparatus licences in this frequency range will now be issued through an administrative allocation method rather than an auction process. This change aims to address the reduced demand for this particular band in regional areas. Additionally, the Amendment Determination updates the ACMA's banking details to reflect their new bank account with the Australia and New Zealand Banking Group Limited. The Amendment Determination imposes several obligations on the ACMA. Firstly, it mandates the exclusion of the 1.9 GHz frequency band from the allocation process, which signifies a shift from the previously established auction system to an administrative allocation approach. This change is intended to better align with the current demand dynamics in the regional telecommunications sector. Secondly, the Amendment Determination requires the ACMA to update its banking details to ensure accurate and efficient processing of transactions related to transmitter licence fees and other financial obligations. These obligations are critical for maintaining the integrity and transparency of the allocation process and ensuring that the ACMA can effectively manage and administer transmitter licences. Under the Radiocommunications Act 1992, the Amendment Determination outlines potential consequences for non-compliance. While specific offences and penalties are not detailed in the Explanatory Statement, general provisions of the Act may apply. Typically, breaches of determinations made under the Radiocommunications Act can result in civil penalties, including fines. The exact amount of the fine can vary depending on the nature and severity of the breach. In more serious cases, criminal penalties may also apply, potentially leading to imprisonment. However, it is important to refer to the full text of the Radiocommunications Act 1992 and any relevant regulations for precise details regarding penalties and enforcement mechanisms. The Amendment Determination reflects the ACMA's commitment to ensuring an equitable and transparent allocation process for transmitter licences. By excluding the 1.9 GHz band from the auction process and updating banking details, the ACMA aims to adapt to changing market conditions and maintain efficient administration. The exclusion of the 1.9 GHz band from the auction process recognises the decreased demand for this frequency range in regional areas, allowing for a more streamlined allocation method. Updating the banking details ensures that financial transactions related to transmitter licences are handled accurately and efficiently, supporting the overall objectives of the Radiocommunications Act.

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