The 15-year spectrum licences were first issued in the late 1990s and early 2000s under the Radiocommunications Act 1992 (the Act). These licences are now approaching expiry commencing in 2012. The ACMA is responsible for managing the administrative process for expiring spectrum licences. These processes include consideration of re-issue of spectrum licences and the development of re-allocation processes where required.
The ACMA's policy is to provide both incumbent and prospective licensees with certainty, where possible, regarding the outcome of expiring spectrum licences in each band approximately 18 months before expiry of the licence/s.
The table below sets out the spectrum-licensed bands and the date they expire.
|
Expiry |
Frequency Band |
Bandwidth |
Main use |
|---|---|---|---|
|
31 May 2012 |
500 MHz * 500.99375-504.99375 MHz 510.99375-514.99375 MHz (unpaired) |
4 MHz 4 MHz |
Land Mobile |
|
17 June 2013 |
800 MHz 825-845 MHz 870-890 MHz (paired) |
|
Public mobile telephony |
|
17 June 2013 |
1800 MHz 1710-1755 1805-1850 MHz (paired) |
|
Public mobile telephony |
|
31 January 2014 |
28 & 31 GHz 27.5-28.35 GHz 31.0-31.3 GHz |
850 MHz 300 MHz |
Wireless access services |
|
3 May 2015 |
1800 MHz 1755-1785 1850-1880 MHz (paired) |
|
Public mobile telephony |
|
24 July 2015 |
2.3 GHz 2302-2400 MHz |
98 MHz |
Wireless access services |
|
13 December 2015 |
3.4 GHz 3425-3442.5 MHz 3475-3492.5 MHz (unpaired) 3442.5-3475 MHz 3542.5-3575 MHz (unpaired) |
17.5 MHz 17.5 MHz 32.5 MHz 32.5 MHz |
Wireless access services |
|
18 January 2016 |
27 GHz 26.5-27.5 GHz |
1 GHz |
Wireless access services, Satellite service |
|
11 October 2017 |
2 GHz 1900-1920 MHz 1920-1980 2110-2170 MHz (paired) |
20 MHz
|
Public mobile telephony |
|
April 2021 |
20 & 30 GHz 20.2-21.2 GHz 30-31 GHz (paired) |
|
Satellite service |
*An outcome of the 400 MHz band review was that spectrum licensing in the 500 MHz band would cease at the expiry of existing spectrum licences in 2012, and return to apparatus licensing. In accordance with section 36(1) of the Act, on 20 December 2010, the Minister revoked the Radiocommunications (Spectrum Designation) Notice No. 1 of 1996.
ACMA's indicative timetable for expiring spectrum licences - February 2013
The table below indicates the ACMA's indicative timetable for expiring spectrum licences. The ACMA's policy is to provide both incumbent and prospective licensees with certainty, where possible, regarding the outcome of expiring spectrum licences in each band approximately 18 months before expiry of the licence/s. This indicative work plan will enable the ACMA to deliver this process in an efficient and transparent manner.
|
Band |
Activities |
Timeframe |
|---|---|---|
|
800 MHz (Expiry: 17 June 2013) |
Technical Frameworks |
Complete |
|
Re-issue consideration |
Complete |
|
|
Payment of spectrum access charge (SAC) |
5 June 2013 |
|
|
Preparation for re-allocation (if required) |
July 2013 |
|
|
1800 MHz (Expiry T1: 17 June 2013) (Expiry T2: 3 May 2015) |
Technical Frameworks |
Complete |
|
Re-issue consideration |
Tranche 1 – Complete Tranche 2 – Expect completion June 2013 |
|
|
Payment of spectrum access charge (SAC) |
Tranche 1 – 5 June 2013 Tranche 2 – 8 November 2013 |
|
|
Preparation for re-allocation (if required) |
November 2013 |
|
|
28/31 GHz (Expiry: 31 January 2014) |
Review of existing arrangements |
January – March 2013 |
|
Technical / Regulatory frameworks |
April – December 2013 |
|
|
Re-issue consideration (if required) |
Para 82(1)(b) at any time |
|
|
Preparation for re-allocation (if required) |
April – November 2013 |
|
|
2.3 GHz (Expiry: 24 July 2015) |
Technical Frameworks |
August 2012 – March 2013 |
|
Re-issue consideration |
February – June 2013 |
|
|
Payment of spectrum access charge (SAC) |
January 2014 |
|
|
Preparation for re-allocation (includes 2300-2302 MHz and spectrum not re-issued) |
July 2013 |
|
|
3.4 GHz (Expiry: 13 December 2015) |
Review of existing arrangements |
April – June 2013 |
|
Technical / Regulatory frameworks |
Commencing July 2013 |
|
|
Re-issue consideration (if required) |
Commencing July 2013 |
|
|
Preparation for re-allocation (if required) |
Contingent on outcomes of band review |
|
|
27 GHz (Expiry: 17 January 2016) |
Review of existing arrangements |
Informed by outcome of 28/31 GHz review |
|
Technical / Regulatory frameworks |
Expected commencement 2014 |
|
|
Re-issue consideration (if required) |
Expected commencement 2014 |
|
|
Preparation for re-allocation (if required) |
Expected commencement 2015 |
|
|
2 GHz (Expiry: 11 October 2017) |
Review of existing arrangements |
Expected commencement 2015 |
|
Technical / Regulatory frameworks |
Expected commencement 2015 |
|
|
Re-issue consideration (if required) |
Expected commencement 2015 |
|
|
Preparation for re-allocation (if required) |
Expected commencement 2015 |
The ACMA's administrative re-issue process
Under the Act, there are two options available for handling spectrum licences upon expiry.
- Undertake a re-allocation process (generally via auction) in accordance with Section 60 of the Act.
- Re-issue licences to the same licensees without undertaking a price-based allocation process, if:
- the licence is used to provide a service which is included in the class of services for which the minister determines re-issuing licences to the same licensees would be in the public interest; or
- it is satisfied that special circumstances exist in which it is in the public interest for the existing licensee to continue to hold the licence.
On 10 February 2012, the Senator the Hon Stephen Conroy, Minister for Broadband, Communications and the Digital Economy announced that he had made a 'class of services' determination that it would be in the public interest to re-issue licences to incumbent licensees providing that:
- mobile voice and data communications services in the 800 MHz, 1800 MHz and 2 GHz bands;
- wireless broadband services in the 2.3 GHz, 3.4 GHz bands; and
- satellite services in the 27 GHz band.
The making of this class of services determination allows the ACMA to begin its re-issue consideration under section 82(1)(a) of the Act (use in the provision of a relevant service). The ACMA will use information contained in the Register of Radiocommunication Licences (RRL) to undertake an assessment of whether a spectrum licence has been used. However, it is the responsibility of the licensee to provide evidence that the spectrum license has been used to provide a service of a type specified in the minister's 'class of services' determination. Where the ACMA cannot determine use from the information contained in the RRL, the ACMA will request that this evidence also be provided by the licensee where available.
Where the ACMA agrees that the evidence sufficiently demonstrates that a licence was used to provide a service of a type specified in the class of services determination, the spectrum licence will be offered for re-issue at the price specified in accordance with the Radiocommunications (Spectrum Access Charges) Direction 2012 (the Direction). The purpose of the Direction is to specify the amount that the Minister considers to be the value of the spectrum in relation to the spectrum bands specified (see Table 1 of the Direction) and direct the ACMA that the spectrum access charges, in respect to re-issued licences, fixed by it in a determination made under section 294(1) of the Act reflect that amount.
The spectrum access charge for each licence to be re-issued will be determined by the ACMA and calculated as follows:
SAC = Value specified in the Direction x Bandwidth authorised in the licence (MHz) x Population of the licence area
The ACMA has started this process for spectrum licences expiring in 2013.
The ACMA will also consider re-issue under section 82(1)(b) (special circumstances) where applications are received from incumbent licensees.
A flowchart (Word [.docx 688 kb] or PDF [355 kb]) sets out the processes by which the ACMA will consider re-issue of expiring spectrum licences, in the two circumstances provided for in section 82(1) of the Act.
