IFC 35/2012

Changes to the Australian Radiofrequency Spectrum Plan

Response to submissions

The ACMA’s response to submissions to the discussion paper are set out in the following two attachments:

• Response to submissions – General (27 Nov 2012)
• Response to submissions – Defence (27 Nov 2012)

Submissions received

Submissions to the discussion paper closed on 26 October 2012. The ACMA received ten submissions to the discussion paper. One of these was given as commercial-in-confidence. The other nine are available below.

• Australian Subscription Television and Radio Association (ASTRA)
• Bureau of Meteorology
• Department of Defence
• Foxtel
• Free TV Australia
• Global VSAT Forum
• Inmarsat
• Telstra
• Wireless Institute of Australia (WIA)

Background

The ACMA is updating the Australian Radiofrequency Spectrum Plan.

The spectrum plan is a legislative instrument that divides the spectrum into frequency bands and specifies the general purposes for which the bands may be used. The key part of the spectrum plan is the table of frequency allocations, as well as the Australian and international footnotes.

Following each World Radiocommunication Conference (WRC)—usually held every three to four years—the International Telecommunication Union updates its (treaty level) international table of frequency allocations. The spectrum plan also requires updating at this time to reflect the international changes that Australia has agreed to in principle. Domestic approval of the treaty amendments is anticipated but has not yet occurred.

Along with these international updates, a number of domestic changes have occurred since the 2009 version of the spectrum plan, which must be reflected in the updated document. There are also several new domestic changes being proposed.

This discussion paper sets out the various changes to the spectrum plan that are required or proposed, and seeks comment on the various proposals. The ‘preamble’ to the spectrum plan (Attachment A1, Chapter 1 – General information) has also been updated, and is included for comment—although it should be remembered that this text is not part of the legislative instrument.

The discussion paper and attachments, including the spectrum plan with proposed changes (Attachments A2 to A5), is available below.

Submissions

Submissions to this consultation may be made to the ACMA:

By email: ARSP@acma.gov.au

By mail:
The Manager
Spectrum Transformation and Government Section
Australian Communications and Media Authority
PO Box 78
Belconnen, ACT 2616

The closing date for submissions was Friday 26 October 2012.

Effective consultation

The ACMA is working to enhance the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal written consultation processes, it has developed Effective consultation: A guide to making a submission. This guide provides information about the ACMA's formal written public consultation processes and practical guidance on how to make a submission.

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.