Issue for comment 30/2013 - 14 October
The 27.5–28.35 GHz frequency range (the 28 GHz band) is currently allocated via the issue of spectrum licences. When existing spectrum licences in the band expire on 31 January 2014, the band will become available for apparatus licensing.
The ACMA is finalising processes to implement these apparatus licensing arrangements. As part of these processes, the Radiocommunications Licence Conditions (Fixed Licence) Determination 1997 (the Fixed LCD) needs amending.
The ACMA is also considers that the instruments, which created the technical framework underpinning spectrum licences in the 28 GHz band, should be revoked. These will no longer be relevant when spectrum licences in the band expire. The effective revocation date would be 1 February 2014.
A consultation paper (Word or PDF) outlining the ACMA’s views and the proposed amendments is now available.
Submissions are invited from interested parties by Tuesday 19 November 2013. They can be sent to firstname.lastname@example.org
The Fixed LCD sets out the conditions to which fixed licences are subject. Some conditions apply to all fixed licences, while others apply only to a particular subset of services (for example, point-to-point or point-to-multipoint) or operation in particular bands.
The ACMA considers that current conditions in the Fixed LCD would unnecessarily restrict deployment of point-to-multipoint services in the 28 GHz band. The ACMA is therefore consulting on a proposal to amend those conditions.
The ACMA considers that it is prudent to extend the application of these amendments for all apparatus licences that may be issued in the 26.5–31.3 GHz frequency range. This frequency range includes the spectrum licensed 27 GHz band (26.5–27.5 GHz). The ACMA emphasises that including this frequency range in the Fixed LCD does not indicate that the ACMA has formed a view that arrangements in the 27 GHz band should change when current spectrum licences expire. It is only proposed to include the broader frequency range in the Fixed LCD to ensure that the instrument is able to take into account any future developments.
Information on the processes that led to the decision to make the 28 GHz band available for apparatus licensing is available.
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 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 or certain other entities 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.