Issue for comment 21/2015—19 August 2015
After consideration of submissions received the draft RALI has been finalised as MS 42: Frequency Plan for the VHF bands (70 - 85.5 MHz and 148 - 174 MHz) after correction of formatting errors.
The submission period is now closed. Two submissions were received.
The VHF Mid Band Frequency Band Plan (70 MHz to 87.5 MHz), the VHF High Band Frequency Band Plan (148 MHz to 174 MHz) and the 1.9 GHz Band Plan will cease on 1 October 2015 under sunsetting requirements of the Legislative Instruments Act 2003 (LIA).
The replanning process that those instruments supported has been completed and the instruments are no longer required. However, the band plans contain radiofrequency channelling arrangements that is used in the frequency assignment process and this information needs to be retained.
The ACMA is consulting to ensure that all the necessary information supporting the frequency assignment process has been retained.
VHF Mid Band Frequency Plan and VHF High Band Frequency Plan
The VHF Mid Band Frequency Band Plan and VHF High Band Frequency Band Plan were made in 1991 to support the restructuring of the VHF mid and high bands in anticipation of growth in the demand for land mobile services and advances in land mobile technology. The restructure of these bands was completed and the band plans are no longer required.
To support the frequency assignment process, the ACMA is intending to record the radiofrequency channelling arrangements currently contained in the band plans. The ACMA has formed the view that it would be effective and efficient to record this information in an administrative policy document entitled:
Comments are requested on this draft RALI.
1.9 GHz Band Plan
The 1.9 GHz Band Plan (1880 MHz to 1900 MHz) was made in 1996 to facilitate the introduction in Australia of cordless telephones (now authorised under the Radiocommunications (Cordless Communications Devices) Class Licence) by restricting the operating of fixed (point-to-point links) services. The restructure of the 1880–1900 MHz band is completed and the band plan is no longer required with restrictions on use of fixed services included in existing frequency assignment documentation (RALIs).
As an alternative to a reader having to refer to information contained within existing frequency assignment (RALI) documentation, information about the use of the 1.9 GHz band and its history is summarised on the webpage 1.9 GHz spectrum arrangements.
Making a submission
Submissions should be directed to:
By email: firstname.lastname@example.org
By mail: The Manager
Spectrum Planning Section
Spectrum Planning and Engineering Branch
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
The closing date for submissions is COB, Wednesday 16 September 2015.
Each submission should specify:
- the name of the individual or organisation making the submission
- their contact details (such as a telephone number, postal address or email address).
A submitter may claim confidentiality over their name or contact details (see Publication of submissions below) or may make a submission anonymously or through use of a pseudonym (see Privacy below).
The ACMA is committed to ensuring 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 the following guide: 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, including any personal information in the submissions (such as names and contact details of submitters). The ACMA prefers to receive submissions which 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 (including any personal information) 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 Australian Government agencies and certain other parties 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.
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles.
The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.
The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:
- contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
- enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).
The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.
Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.
If a submitter wishes to make a submission anonymously or through use of a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.