IFC 10/2012

ACMA seeks comment on draft legislative instruments for the digital dividend auction

The Australian Communications and Media Authority (ACMA) is inviting comments on its draft legislative instruments for the digital dividend auction. The ACMA is preparing to hold the digital dividend auction in 2012-13, where it will reallocate parts of the 700 MHz and 2.5 GHz bands by issuing spectrum licences.

Once finalised, the legislative instruments (referred to as the allocation instruments) will provide the legal basis for the auction. The allocation instruments describe the products being offered in the auction and set the rules and procedures that will govern the auction process for the allocation of spectrum.

The ACMA has also prepared the technical instruments, which provide the technical rules for the operation of radiocommunications devices in the spectrum licensed band.

The allocation instruments are:

• two marketing plans (one for the 700 MHz band and one for the 2.5 GHz band), to be made under section 39A of the Radiocommunications Act 1992 (the Act)
• an allocation determination, to be made under section 60 of the Act.

The technical instruments include:

• an unacceptable interference determination (made under section 145 of the Act) for each band
• radiocommunications advisory guidelines (made under section 262 of the Act) for each band.

An information paper has been prepared to explain the draft instruments and provide context to assist interested parties in making a submission.

The information paper and draft instruments are available in Word (.docx), Powerpoint or PDF formats below.

Written submissions

Submissions to this discussion paper may be made to the ACMA as follows:

By email: majorspectrumallocations@acma.gov.au

By mail:
Manager – Major Spectrum Allocations Section
The Australian Communications and Media Authority
PO Box 13112 Law Courts
Melbourne Vic 8010

The closing date for submissions was Wednesday, 9 May 2012.

Electronic submissions in Microsoft Word or rich text format are preferred.

If you have any questions, please contact Anna Cheung on (03) 9963 6837 or email majorspectrumallocations@acma.gov.au.

Background

The ACMA is preparing to auction the spectrum in the 700 MHz and 2.5 GHz bands in 2012-13. The auction is referred to as the ‘digital dividend auction’.

The ACMA will reallocate the spectrum using the combinatorial clock auction methodology.

To assist it in preparing draft versions of the allocation instruments, the ACMA conducted several rounds of preliminary consultation on key elements of the instruments between November 2011 and February 2012. The consultation occurred online through the release of a series of topic-based notices on the ACMA’s Engage website, and sought information and views from stakeholders (particularly prospective auction participants) on a variety of topics.

At the end of this consultation period, the ACMA will have regard to all comments in preparing the final allocation instruments. The ACMA expects to make final versions of the allocation instruments in the third quarter of 2012.

Further information on the digital dividend auction can be found on the ACMA’s Engage website.

Publication of submissions

In general, the ACMA publishes all submissions it receives.

The ACMA prefers to receive submissions that are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.

The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by law

Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Commonwealth Government agencies under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.