IFC 63/2014—18 December
The Draft new RALI MS39 issue for comment has now closed.
The consultation period for the Draft new RALI MS39 closed on 6 February 2015. The ACMA received 5 submissions.
Based on submissions received, the ACMA has also developed a response to submissions paper.
The ACMA sought comment from interested stakeholders on the draft new RALI MS39 Frequency Coordination and Licensing Procedures for Apparatus Licensed Public Telecommunications Services in the 3.5 GHz Band.
RALI MS39 contains proposed frequency coordination and apparatus licensing procedures for new fixed and mobile broadband services in the 3400–3425 MHz and 3492.5–3542.5 MHz (3.5 GHz) bands. It is intended that any PTS apparatus licences issued in the 3.5 GHz band adhere to the requirements specified in RALI MS39.
The technical parameters of RALI MS 39 largely mirror those contained in RALI FX19 and the proposed revision of the 3.4 GHz spectrum licence technical framework. which is being consulted on in parallel to this process. RALI MS39 also contains details on the relevant coordination criteria between transmitters operated under a 3.4 GHz band spectrum licence and PTS apparatus licences operating in the 3.5 GHz band.
RALI MS39 has been developed as a result of the recent direction from the minister to the ACMA on the 3.5 GHz frequency band (Minister’s Direction). Among other things, the Minister’s Direction requires the ACMA, by no later than 30 April 2015, to have completed all steps necessary to enable apparatus licences in the 3.5 GHz for the NBN.
The most appropriate apparatus licence type to enable this is the Public Telecommunications Service licence type. To enable PTS apparatus licences to be issued in the 3.5 GHz band while managing interference, it is general practice for the ACMA to develop a RALI that contains frequency coordination and apparatus licensing procedures.
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, 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 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.