IFC 8/2012

Proposed updates to the spectrum licence framework

Review of the spectrum licence regulatory framework now complete

The ACMA has finalised its review of the spectrum licensing technical and regulatory framework and has published a response paper (Word [.docx 242 kb] or PDF [258 kb]). This paper details the outcome of the review and the final form of the regulatory changes made.

The changes include:

• amending the trading rules for spectrum licences, to provide increased flexibility for licensees in the trading of spectrum space
• updating the base rates of spectrum licence tax, to improve the consistency of cost-recovery charges across spectrum-licensed bands
• updating and clarifying the device registration process, to provide improved and updated information for licensees about device registration options and processes
• changing the spectrum licence template, to simplify the presentation of licence conditions and technical parameters.

The changes are designed to maintain existing successful arrangements and improve processes where experience from the first 15-year licence period highlighted that changes were required. The spectrum licensing arrangements will continue to meet the needs of licensees and achieve the maximum public benefit from the spectrum for the next 15-year licence period.   

Submissions received

The ACMA received three submissions in response to the consultation paper Proposed updates to the spectrum licence framework. The submissions are available below:

• Optus
• O3B
• Telstra

Submissions received in response to the consultation paper indicated that stakeholders generally supported the proposals. However, they also raised some issues about the implementation of the changes. The ACMA has taken into account stakeholder comments in completing the review of the spectrum licensing framework and has published a response paper.  The response paper summarises the submissions and provides the ACMA’s response to these issues. It also provides detail of the final form of the changes that have been made to the relevant instruments.

Regulatory instruments for updated spectrum licence regulatory framework

The regulatory instruments that have been amended are:

• Radiocommunications (Spectrum Licence Tax) Amendment Determination 2012 (No. 1)
• Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012
• Radiocommunications (subsection 145(3) Certificates) Determination 2012
• Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012.

Background

In anticipation of the forthcoming spectrum allocations and the expiring spectrum licence process, the ACMA took the opportunity to review the spectrum licence regulatory and technical frameworks. The ACMA has been reviewing this process since 2008, and the discussion paper is a culmination of the outcomes of those consultation processes.

This discussion paper outlined a number of minor, incremental changes to the spectrum licence regulatory framework. The proposed changes will support all spectrum licences issued from 2012, providing increased flexibility and offering greater spectrum utility as a result.

The changes will also ensure that the ACMA’s spectrum licence frameworks continue to be recognised as world’s best practice in spectrum management.

The discussion paper and related legislative instruments that are subject to proposed changes change resulting from the outcomes of the ACMA’s consultation processes are available below:

The discussion paper and related legislation are available below:

Submissions

The ACMA invited members of the public to make submissions on the issues raised in this paper. Submissions were made:

By email: spectrum.outlook@acma.gov.au

By mail:
Manager
Spectrum Outlook and Review Section
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616

The closing date for submissions was Tuesday 15 May 2012.

Electronic submissions in Microsoft Word or Rich Text Format are preferred.

Media enquiries should be directed to Emma Rossi on +61 2 9334 7719 or by email to media@acma.gov.au.

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.