Issue for comment 2/2013
The ACMA is consulting on a proposal to introduce an annual apparatus licence tax for the PMTS Class B licence in the 703–748 MHz and 758–803 MHz (the 700 MHz) band.
As noted in the guide to the digital dividend auction, ‘for the 700 MHz band, it is possible that incumbent broadcasting services may vacate the spectrum in some areas prior to the commencement of the spectrum licences issued for the band as a result of the auction. In such cases, winning bidders will be able to apply to the ACMA to be issued apparatus licences for the period until the spectrum licences commences. The ACMA will consider such applications on a case-by-case basis.’
The ACMA considers that the PMTS Class B licence is the most appropriate type of licence that could be used to allow access for the period until the spectrum licences in the 700 MHz band commence. However, an annual licence tax for a PMTS Class B licence has not previously been set for the 700 MHz band. The taxation arrangements proposed for the 700 MHz band require an amendment to the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).
A consultation paper detailing the proposal is available in Word (.docx 131 kb) or PDF (274 kb) formats.
The ACMA invites written submissions on the matters discussed in this consultation paper.
Submissions closed on 22 February 2013.
Submissions should be made:
By email: firstname.lastname@example.org.
Spectrum Pricing Section
Australian Communications and Media Authority
PO Box 13112
Melbourne Vic 8010
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 particular 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 and other parties 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.