Issue for comment 6/2015—13 March
The ACMA is consulting on a proposal to remake the
The first instrument will sunset on 1 October 2015 unless it is revoked and remade before this date. The ACMA proposes to remake this instrument largely without any significant change before 1 October 2015 so that its ongoing effect is preserved. The second instrument is similarly affected by changes to the first instrument and therefore is being remade at the same time as the first instrument.
In parallel, but as a separate issue from the sunsetting process, the Australian Communications and Media Authority (3.5 GHz frequency band) Direction 2014 (the 3.5 GHz Direction) requires the ACMA to have completed all steps necessary to enable apparatus licences of a type that would be appropriate for use by the NBN in the relevant spectrum to be issued by 30 April 2015. Both instruments require amendment to protect future PMTS class B apparatus licences from interference in the 3.5 GHz band. This would result in these future PMTS Class B licences being allocated with the same interference protection afforded to current apparatus licences of that class.
Drafts of the proposed new instruments with changes marked up are available:
A consultation paper provides background on the purpose of the instruments and on the proposed amendments.
Submissions are invited from interested parties by COB, Friday 24 April 2015. Submissions should be sent to the ACMA:
By email: SpectrumLicensingPolicy@acma.gov.au
Spectrum Licensing Policy Section
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
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.
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 that apply to organisations and Australian Government agencies from 12 March 2014.
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 use 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.