3.6 GHz band legislative instruments consultation | ACMA

3.6 GHz band legislative instruments consultation

Consultation closes: 15 June 2018

IFC: 14/2018

Outcome of this consultation

Outcome 
Consultation on both papers closed on 15 June 2018. The ACMA reviewed all submissions received in response to this consultation process:

Consultation 1:
The ACMA has concluded its consideration of the five main elements raised in the consultation paper. The issues raised by submitters were carefully considered by the ACMA in preparing the final Radiocommunications (Spectrum Licence Allocation – 3.6 GHz Band) Determination 2018 and Radiocommunications Spectrum Marketing Plan (3.6 GHz band) 2018, that were made on 27 July 2018, and helped to inform the Applicant information package for the upcoming 3.6 GHz band auction. Any further information about the upcoming auction will be made available on the ACMA website.

Consultation 2:
The ACMA has concluded its consideration of submissions to the 3.4 GHz and 3.6 GHz band spectrum licence technical framework consultation paper. An Outcomes and response to submissions paper has been developed that details the outcomes of the consultation and responds to issues raised in submissions. The resulting technical framework for the 3.4 GHz and 3.6 GHz bands is now available on the ACMA website. A copy of the sample licence for the 3.6 GHz band is also available in the Radiocommunications Spectrum Marketing Plan (3.6 GHz Band) 2018.

Submissions
The ACMA received 15 submissions, of which one was made in-confidence, from 13 submitters in total. Eight submissions commented on the draft allocation instruments consultation and 11 submissions commented on the technical framework consultation. The public submissions can be accessed from the right hand side index box.

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Downloads

Consultation 1: allocation instruments

Word

Consultation paper:
Draft allocation instruments for 3.6 GHz band (3575–3700 MHz) metropolitan and regional lots auction

4.6 MB

Draft Radiocommunications (Spectrum licence allocation - 3.6 GHz Band) Determination 2018

185 kB

Draft Radiocommunications Spectrum Marketing Plan (3.6 GHz band) 2018

1.1 MB

Consultation 2: technical framework

Word

Consultation paper:
3.4 GHz and 3.6 GHz band spectrum licence technical framework

404 kB

Option 1 attachments:

 

Attachment A – draft sample licence

165 kB

Attachment C – draft Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015  112 kB 
Attachment D – draft Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015  63 kB 
Attachment F – draft Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015  51 kB 
Attachment H – draft Radiocommunications – 3.4 GHz Band Omnibus Variation 2018 (No.1)  93 kB 
Option 2 attachments:   
Attachment B – draft sample licence  164 kB 
Attachment C – draft Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015  112 kB 
Attachment E – draft Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015 64 kB 
Attachment G – draft Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015  54 kB 
Attachment I – draft Radiocommunications – 3.4 GHz Band Omnibus Variation 2018 (No.1) 96 kB 

Executive summary

On 5 March 2018, Senator the Hon. Mitch Fifield, Minister for Communications, made three reallocation declarations that spectrum in the frequency range 3575−3700 MHz in metropolitan and regional areas (the 3.6 GHz band) be reallocated by the issue of spectrum licences:

Accordingly, the ACMA is preparing to allocate the spectrum by auction and has prepared draft legislative instruments to govern the allocation process. The auction is scheduled to commence in late October 2018. The ACMA is now seeking stakeholders’ views as part of its preparation to auction the 3.6 GHz spectrum. Two consultation papers are available:

  1. Draft allocation instruments for 3.6 GHz band (3575−3700 MHz) metropolitan and regional lots auction: The ACMA has prepared draft legislative instruments, which describe the products being offered in the auction, as well as setting out the rules and procedures that will govern the auction process for the allocation of these lots.
  2. 3.4 GHz and 3.6 GHz band spectrum licence technical framework: The ACMA has prepared draft legislative instruments, which describe the technical framework for the 3.4 GHz and 3.6 GHz bands in consultation with the 3.6 GHz band TLG. In addition to overall feedback, the ACMA particularly seeks comment on which of the proposed options for the 3.4 GHz and 3.6 GHz band technical framework, including associated instruments, should be adopted.

The ACMA welcomes comment on matters raised in these consultation papers and on any other issues relevant to the allocation of the 3.6 GHz band. The views of stakeholders will be considered in the finalisation of these instruments.


Consultation 1: allocation instruments

Opportunity to provide feedback on consultation 1:

Draft allocation instruments for 3.6 GHz band (3575–3700 MHz) metropolitan and regional lots auction

Issue for comment 1

Licence commencement:
The ACMA seeks stakeholder views on whether spectrum licences for the 3.6 GHz band should commence as soon as possible after the auction, or at the end of the two-year reallocation period in metropolitan areas.

Issue for comment 2

Amendment to the Tax Determination:
The ACMA seeks stakeholder views on the proposal to amend the Tax Determination  to incorporate an annual licence tax rate of $0.0039/MHz/pop for operation of a transmitter in the frequency range 3575–3700 MHz.

 

Issue for comment 3

The draft marketing plan (3.6 GHz band):
The ACMA seeks stakeholder views on the draft marketing plan, especially geographic lot configurations and multiple lot categories in Perth.


Issue for comment 4

The draft allocation determination (3.6 GHz band) and auction rules:
The ACMA seeks stakeholder views on the draft allocation determination and the auction rules.


Issue for comment 5

Amendment to the Spectrum Licence Tax Determination:
The ACMA seeks stakeholder views on the proposal to determine a tax amount for spectrum licences in the 3.6 GHz band, based on total spectrum of 125 MHz and a base amount of $69,180.


Consultation 2: technical framework

Opportunity to provide feedback on consultation 2:

3.4 GHz and 3.6 GHz band spectrum licence technical framework

Issue for comment 1

The ACMA seeks comment from interested stakeholders on the draft spectrum licences for the 3.4 GHz band at Attachment A (for Option 1) and Attachment B (for Option 2).

Issue for comment 2

The ACMA seeks comment on the proposed sub-options 1a and 1b, including wording for the temporary synchronisation configuration. What would be an appropriate time frame for the temporary synchronisation configuration to apply? What would be an appropriate time frame for the transition period (when both the temporary and Attachment A configuration would apply)?

Issue for comment 3

The ACMA seeks comment on the proposed stricter unwanted emission limit in the 3100–3380 MHz frequency range, including whether it is appropriate to follow the Electronic Communications Committee and adopt an even stricter limit if they decide to adopt one.

Issue for comment 4

The ACMA seeks comment from interested stakeholders on the proposed changes to the arrangements for unacceptable levels of interference in the 3.4 GHz band set out in the draft Radiocommunications (Unacceptable Levels of Interference – 3.4 GHz Band) Determination 2015 at attachments C, H and I.

Issue for comment 5

The ACMA seeks comment on potential methods to improve the device boundary criteria for paths over water. Is the text proposed by the ACMA suitable?

Issue for comment 6

The ACMA seeks comment from interested stakeholders on the draft Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 3.4 GHz Band) 2015 at attachments D and H (for Option 1) and attachments E and I (for Option 2).

Issue for comment 7

The ACMA seeks comment on the suitability of the updated coexistence arrangements for earth stations—are they suitable?

Issue for comment 8

The ACMA seeks comment on the proposed amendments regarding coexistence with apparatus-licensed Broadband Wireless Access (BWA) services—are they suitable?

Issue for comment 9

The ACMA seeks comment from interested stakeholders on the draft Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2015 at attachments F and H (for Option 1) and attachments G and I (for Option 2).

Issue for comment 10

The ACMA seeks comment on the proposed additional out-of-band emission limit in cases where a synchronisation requirement does not apply. Is it appropriate to share the 20 MHz guard band equally between adjacent band licensees? If agreement cannot be achieved with all 3.4 GHz band licensees to share the 20 MHz guard band, are the proposed alternative limits suitable?

Issue for comment 11

The ACMA seeks comment from interested stakeholders on the proposed amendment to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 to define a minimum contiguous bandwidth of 10 MHz for the 3.6 GHz band, as detailed in attachments H and I.

Issue for comment 12

The ACMA seeks comment from interested stakeholders on the proposed amendment to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 to remove the minimum contiguous bandwidth for the 27 GHz band, as detailed in attachments H and I.