Merger reforms – proposed changes to spectrum trading rules, and licence trade and transfer forms

We received 2 submissions to this consultation. You can access these below. 

Neither submission proposed any changes to the spectrum trading rules, nor licence trade or transfer forms. 

One submission noted that government charges on trades operated as a disincentive. The submission acknowledged that these charges were set by other entities and were not within the ACMA’s control.

After considering the submissions, we made the arrangements as proposed. You can view the Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2025 (No. 1) on the Federal Register of Legislation. 

We thank all of those involved in the consultation process.

Radiocommunications

On 1 January 2026, new mandatory merger notification rules commence. This means that businesses or persons contemplating acquisitions that meet certain thresholds must notify the ACCC and wait for approval before their proposed acquisition can proceed. 

The ACCC will be the first decision-maker on each notified acquisition. 

The trading, transfer and third-party authorisation of apparatus and spectrum licences are considered to be acquisitions of an asset under the merger reforms.

Licensees who want to trade, transfer or allow third-party authorisation of their apparatus or spectrum licences may need to notify the ACCC if the thresholds are met. 

We are proposing to change the trading rules for spectrum licences. We also want to update the forms for spectrum licence trades and apparatus licence transfers to account for merger reforms. 

We invite your feedback on the draft variation to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023, and proposed changes to the spectrum licence trade and apparatus licence transfer forms. 

You can find full details in the consultation paper and draft instrument at Appendix A in the key documents box above.

Appendices B and C are draft versions of the related forms. The proposed changes for merger reforms are highlighted in yellow, and proposed changes for readability and ease of use are highlighted in green.