{"id":"F2013L01994","name":"Radiocommunications (Spectrum Access Charges - 2.3 GHz Band) Determination 2013","slug":"radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128191,"registerId":"commonwealth-F2013L01994-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Radiocommunications (Spectrum Access Charges - 2.3 GHz Band) Determination 2013","content":"![](image.001.png)\n\nRadiocommunications (Spectrum Access Charges — 2.3 GHz Band) Determination 2013\n\nRadiocommunications Act 1992\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 294 (1) of the Radiocommunications Act 1992.\n\nDated 21st November 2013\n\nChris Chapman \n\\[signed\\] \nMember\n\nChris Cheah \n\\[signed\\] Member/General Manager\n\nAustralian Communications and Media Authority\n\n1. Name of Determination\n\nThis Determination is the Radiocommunications (Spectrum Access Charges — 2.3 GHz Band) Determination 2013.\n\n2. Commencement\n\nThis Determination commences on the day after it is registered.\n\n> Note All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.\n\n3. Definitions\n\nIn this Determination:\n\n> Act means the Radiocommunications Act 1992.\n\n> geographic area means a geographic area specified in a spectrum licence within which operation of a radiocommunications device is authorised by the spectrum licence.\n\n> licence area means the area or aggregate of areas within which operation of a radiocommunications device is authorised by a spectrum licence.\n\n> Pricing Direction means the Radiocommunications (Spectrum Access Charges) Direction 2012 made under subsection 294 (2) of the Act by the Minister for Broadband, Communications and the Digital Economy dated 9 February 2012.\n\n> re-issue of a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82 (1) of the Act to the person to whom it was previously issued, authorising the operation of a radiocommunications device in the 2.3 GHz band.\n\n> 2.3 GHz band means the frequency range 2302 MHz to 2400 MHz.\n\n4. Population of a licence area or geographic area for a spectrum licence\n\n(1) The population of a licence area for a spectrum licence mentioned in column 1 in the table in section 5, 6, 7, or 8 is the corresponding number mentioned in column 2.\n\n(2) The population of a geographic area mentioned in column 1 in the table in section 9 or 10 is the corresponding number mentioned in column 2.\n\n> Note The population of a licence area or geographic area, for a spectrum licence, is the estimated number of people residing in the area to which the spectrum licence relates. In compliance with the Pricing Direction, the population of the licence area or geographic areas of a spectrum licence is, by this instrument, determined at the time the spectrum access charge for the re-issue of the spectrum licence is determined, having regard to available population data at the time this instrument is made.\n\n5. Spectrum access charge payable by Telstra Corporation Limited\n\nThe amount of spectrum access charge payable by Telstra Corporation Limited (ACN 051 775 556) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.\n\n```html\n

Column 1

Licence number

Column 2

Population

of licence area

Column 3

Bandwidth (MHz)

Column 4

Amount ($)

1939151

191,842

35

$201,434.10

\n```\n\nNote In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in the above table, or in the tables in sections 6 to 8, is calculated by multiplying the value of the spectrum in relation to the 2.3 GHz band (being $0.03/MHz/Pop) by the population of the licence area for the spectrum licence (as determined in accordance with subsection 4(1)) by the bandwidth for the spectrum licence (as mentioned in column 3). For example, in relation to licence number 1939151, the amount of spectrum access charge is calculated as follows:\n\n$0.03 x 191,842 x 35 = $201,434.10\n\n6. Spectrum access charges payable by BKAL Pty Ltd\n\nThe amount of spectrum access charge payable by BKAL Pty Ltd (ACN 105 833 681) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.\n\n```html\n

Column 1

Licence number

Column 2

Population

of licence area

Column 3

Bandwidth (MHz)

Column 4

Amount ($)

8100134

433,183

70

$909,684.30

8100140

1,770,838

42

$2,231,255.88

8100141

1,770,838

14

$743,751.96

8100142

1,770,838

21

$1,115,627.94

8100146

1,321,334

35

$1,387,400.70

8100147

1,321,334

7

$277,480.14

8100148

1,321,334

42

$1,664,880.84

8100157

4,425,355

91

$12,081,219.15

8100163

2,089,600

91

$5,704,608.00

8100366

5,155,594

80.5

$12,450,759.51

8100367

5,155,594

10.5

$1,624,012.11

8100429

1,770,838

7

$371,875.98

\n```\n\n7. Spectrum access charges payable by Optus Vision Investments Pty Limited\n\nThe amount of spectrum access charge payable by Optus Vision Investments Pty Limited (ACN 072 091 180) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.\n\n```html\n

Column 1

Licence number

Column 2

Population

of licence area

Column 3

Bandwidth (MHz)

Column 4

Amount ($)

9346037

1,347,513

7

$282,977.73

9346038

1,347,513

7

$282,977.73

9346039

2,198,052

7

$461,590.92

8100022

1,770,838

7

$371,875.98

8100024

1,770,838

7

$371,875.98

\n```\n\n8. Spectrum access charges payable by Ausgrid\n\nThe amount of spectrum access charge payable by Ausgrid (ABN 67 505 337 385) for the re-issue of a spectrum licence mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.\n\n```html\n

Column 1

Licence number

Column 2

Population

of licence area

Column 3

Bandwidth (MHz)

Column 4

Amount ($)

8100349

5,155,594

7

$1,082,674.74

8100396

173,768

7

$36,491.28

\n```\n\n9. Spectrum access charge payable by NBN Co Spectrum Pty Ltd\n\nThe amount of spectrum access charge payable by NBN Co Spectrum Pty Ltd (ACN 094 085 024) for the re-issue of spectrum licence number 9000000 is $20,502,919.71, calculated by adding together the amounts for each geographic area. The amount for a geographic area mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.\n\n```html\n

Column 1

Geographic area

Column 2

Population

of geographic

area

Column 3

Bandwidth (MHz)

Column 4

Amount ($)

Geographic Area 1

27,911

98

$82,058.34

Geographic Area 2

30,856

98

$90,716.64

Geographic Area 3

6,527,154

98

$19,189,832.76

Geographic Area 4

26,178

84

$65,968.56

Geographic Area 5

173,768

91

$474,386.64

Geographic Area 6

72,495

91

$197,911.35

Geographic Area 7

12,122

91

$33,093.06

Geographic Area 8

10,240

91

$27,955.20

Geographic Area 9

1,209

91

$3,300.57

Geographic Area 10

26

91

$70.98

Geographic Area 11

13,280

91

$36,254.40

Geographic Area 12

95,147

91

$259,751.31

Geographic Area 13

19,819

70

$41,619.90

\n```\n\nNote In compliance with the Pricing Direction, the amount of spectrum access charge payable for the re-issue of a spectrum licence mentioned in section 9 or 10 is calculated by multiplying the value of the spectrum in relation to the 2.3 GHz band (being $0.03/MHz/Pop) by the population of each geographic area for the spectrum licence (as determined in accordance with subsection 4(2)) by the bandwidth for each geographic area (as mentioned in column 3), and adding together the amounts worked out for each geographic area.\n\n10. Spectrum access charge payable by NBN Co Limited\n\nThe amount of spectrum access charge payable by NBN Co Limited (ACN 136 533 741) for the re-issue of spectrum licence number 9000001 is $2,074,470.09, calculated by adding together the amounts for each geographic area. The amount for each geographic area mentioned in column 1 in the following table is the corresponding amount mentioned in column 4.\n\n```html\n

Column 1

Geographic area

Column 2

Population

of geographic

area

Column 3

Bandwidth (MHz)

Column 4

Amount ($)

Geographic Area 1

404,405

98

$1,188,950.70

Geographic Area 2

11,942

98

$35,109.48

Geographic Area 3

115,135

63

$217,605.15

Geographic Area 4

28,580

63

$54,016.20

Geographic Area 5

268,848

63

$508,122.72

Geographic Area 6

76,925

28

$64,617.00

Geographic Area 7

7,201

28

$6,048.84

\n```\n\n11. When spectrum access charge is payable\n\nA spectrum access charge fixed by this Determination for the re-issue of a spectrum licence is payable on or before 30 April 2014.\n\n12. Expiry\n\nThis Determination ceases to have effect at the end of 24 July 2015 as if it had been repealed by another instrument.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination does not expand or reduce ACMA’s statutory licensing powers; it exercises subsection 294(1) of the Radiocommunications Act 1992 to fix specific charges for re‑issue of 2.3 GHz licences. It operationalises the Pricing Direction rate by specifying licence‑by‑licence amounts, setting population measurement rules (section 4), a payment date (section 11) and an expiry (section 12)."},"complexity_factors":["Formula-based calculation using a fixed rate ($0.03/MHz/Pop) but applied to many licence-specific tables (calculation note in sections 5 and 9)","Population is determined for licence areas and geographic areas at the time the charge is fixed (definition and subsection 4(1)–(2))","Multiple named licensees and many licence/geographic-area line items with differing bandwidths and populations (tables in sections 5–10)","Some licences are charged by aggregate geographic-area breakdowns rather than a single licence-area figure (NBN Co tables in sections 9 and 10)","Timing and administrative constraints: single payment deadline (section 11) and a fixed expiry date for the Determination (section 12)","Dependence on the Pricing Direction as the rate-setting authority (definition of Pricing Direction in section 3 and notes)"],"plain_english_summary":"This Determination sets the exact spectrum access charges ACMA requires for re-issuing licences that authorise use of the 2.3 GHz band. It names affected licence-holders (for example Telstra, Optus, Ausgrid, NBN Co and others) and fixes amounts by applying a rate ($0.03 per MHz per person) to each licence’s population and bandwidth. It also sets a payment deadline (on or before 30 April 2014) and a built‑in expiry (24 July 2015)."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1503},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow administrative scope as a specific pricing determination for spectrum licence re-issues in the 2.3 GHz band. It applies only to the named entities and specified licence numbers, with no expansion beyond the original intent to set access charges pursuant to the Radiocommunications Act."},"complexity_factors":["6 defined terms including cross-reference to external Pricing Direction 2012","Mathematical pricing formula ($0.03/MHz/Pop) applied consistently across 25+ individual licences","Multiple data tables mapping specific licence numbers to dollar amounts","Self-executing expiry clause (ceases effect 24 July 2015)","Slight variation in calculation method for NBN Co entities (geographic area aggregation vs single licence area)"],"plain_english_summary":"This instrument sets the spectrum access charges that six companies (Telstra, BKAL, Optus Vision Investments, Ausgrid, and two NBN Co entities) must pay to renew 2.3 GHz licences. Charges use the Minister’s formula: $0.03 × licence-area population × bandwidth (MHz), with exact amounts and licence numbers listed and NBN Co shown by smaller areas.\n\nPayments are due 30 April 2014; the instrument self-repeals on 24 July 2015. It implements government policy to charge commercial users for public radio spectrum."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013","history":"/api/acts/radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013/history","analysis":"/api/acts/radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013/analysis","conflicts":"/api/acts/radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013/important-cases","documents":"/api/acts/radiocommunications-spectrum-access-charges-2-3-ghz-band-determination-2013/documents"}}