{"id":"F2021L00311","name":"Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021","slug":"radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101446,"registerId":"commonwealth-F2021L00311-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 294(1) of the Radiocommunications Act 1992.\n\n> Note: See the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Direction 2020.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of this instrument","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021.\n\n#### 2 Commencement\n\n  This instrument commences on the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 3 Authority\n\n  This instrument is made under subsection 294(1) of the Radiocommunications Act 1992.\n\n> Note: See the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Direction 2020.\n\n#### 4 Repeal of this instrument\n\n#### This instrument is repealed at the end of 31 December 2030.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> acceptance form has the meaning given by section 4 of the conversion plan.\n\n> Act means the Radiocommunications Act 1992.\n\n> conversion plan means the Radiocommunications (3.4 GHz Band) Spectrum Conversion Plan 2021, as in force on the day it commenced.\n\n> inner-metropolitan spectrum licence has the meaning given by subsection 16(1) of the conversion plan.\n\n> NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).\n\n> outer-metropolitan and regional spectrum licence has the meaning given by subsection 16(2) of the conversion plan.\n\n> Note 1: The term spectrum access charge is defined in the Act.\n\n> Note 2: In this instrument, conversion plan has a different meaning than the definition in the Act.\n\n#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.\n\n#### 7 Spectrum access charge – inner-metropolitan spectrum licence\n\n  (1) The spectrum access charge for issuing the inner-metropolitan spectrum licence to NBN Co is:\n    (a) if the licence is no longer in force at the start of the first anniversary of the day it came into force – nil; or\n    (b) if the licence is still in force at the start of the first anniversary of the day it came into force – $226,441,720.\n  (2) The spectrum access charge (if any) for issuing the inner-metropolitan spectrum licence is payable on the first anniversary of the day the licence came into force.\n\n#### 8 Spectrum access charge – outer\\-metropolitan and regional spectrum licence\n\n  (1) The spectrum access charge for issuing the outer\\-metropolitan and regional spectrum licence to NBN Co is $57,146,840.\n  (2) If NBN Co does not elect for subsection (3) to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.\n  (3) If NBN Co elects, in accordance with section 9, for this subsection to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable at the following times:\n    (a) an amount of $5,714,684 is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence;\n    (b) an amount of $5,714,684 is payable on each anniversary of the day the licence came into force, until a total of $57,146,840 has been paid.\n\n> Note: This provides for 10 instalments. If the outer-metropolitan and regional spectrum licence is issued, it will be issued in 2021. In accordance with the conversion plan, the licence will cease to be in force not later than the end of 13 December 2030. The last instalment will therefore be payable in 2030.\n\n#### 9 Election – outer-metropolitan and regional spectrum licence\n\n  (1) NBN Co may elect for subsection 8(3) to apply by:\n    (a) providing written notice to the ACMA that subsection 8(3) is to apply; and\n    (b) giving that notice to the ACMA at any time on or before the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.\n\n> Note: The election cannot be made after the day mentioned in paragraph 56(2)(c) of the Act.\n\n  (2) NBN Co may use the acceptance form to give that notice to the ACMA.","sortOrder":3},{"sectionNumber":"This instrument is repealed at the end o","sectionType":"section","heading":"This instrument is repealed at the end of 31 December 2030.","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Determination 2021.\n\n#### 2 Commencement\n\n  This instrument commences on the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 3 Authority\n\n  This instrument is made under subsection 294(1) of the Radiocommunications Act 1992.\n\n> Note: See the Radiocommunications (Spectrum Access Charges – 3.4 GHz Band) Direction 2020.\n\n#### 4 Repeal of this instrument\n\n#### This instrument is [Repealed] at the end of 31 December 2030.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> acceptance form has the meaning given by section 4 of the conversion plan.\n\n> Act means the Radiocommunications Act 1992.\n\n> conversion plan means the Radiocommunications (3.4 GHz Band) Spectrum Conversion Plan 2021, as in force on the day it commenced.\n\n> inner-metropolitan spectrum licence has the meaning given by subsection 16(1) of the conversion plan.\n\n> NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).\n\n> outer-metropolitan and regional spectrum licence has the meaning given by subsection 16(2) of the conversion plan.\n\n> Note 1: The term spectrum access charge is defined in the Act.\n\n> Note 2: In this instrument, conversion plan has a different meaning than the definition in the Act.\n\n#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.\n\n#### 7 Spectrum access charge – inner-metropolitan spectrum licence\n\n  (1) The spectrum access charge for issuing the inner-metropolitan spectrum licence to NBN Co is:\n    (a) if the licence is no longer in force at the start of the first anniversary of the day it came into force – nil; or\n    (b) if the licence is still in force at the start of the first anniversary of the day it came into force – $226,441,720.\n  (2) The spectrum access charge (if any) for issuing the inner-metropolitan spectrum licence is payable on the first anniversary of the day the licence came into force.\n\n#### 8 Spectrum access charge – outer\\-metropolitan and regional spectrum licence\n\n  (1) The spectrum access charge for issuing the outer\\-metropolitan and regional spectrum licence to NBN Co is $57,146,840.\n  (2) If NBN Co does not elect for subsection (3) to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.\n  (3) If NBN Co elects, in accordance with section 9, for this subsection to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable at the following times:\n    (a) an amount of $5,714,684 is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence;\n    (b) an amount of $5,714,684 is payable on each anniversary of the day the licence came into force, until a total of $57,146,840 has been paid.\n\n> Note: This provides for 10 instalments. If the outer-metropolitan and regional spectrum licence is issued, it will be issued in 2021. In accordance with the conversion plan, the licence will cease to be in force not later than the end of 13 December 2030. The last instalment will therefore be payable in 2030.\n\n#### 9 Election – outer-metropolitan and regional spectrum licence\n\n  (1) NBN Co may elect for subsection 8(3) to apply by:\n    (a) providing written notice to the ACMA that subsection 8(3) is to apply; and\n    (b) giving that notice to the ACMA at any time on or before the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.\n\n> Note: The election cannot be made after the day mentioned in paragraph 56(2)(c) of the Act.\n\n  (2) NBN Co may use the acceptance form to give that notice to the ACMA.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> acceptance form has the meaning given by section 4 of the conversion plan.\n\n> Act means the Radiocommunications Act 1992.\n\n> conversion plan means the Radiocommunications (3.4 GHz Band) Spectrum Conversion Plan 2021, as in force on the day it commenced.\n\n> inner-metropolitan spectrum licence has the meaning given by subsection 16(1) of the conversion plan.\n\n> NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).\n\n> outer-metropolitan and regional spectrum licence has the meaning given by subsection 16(2) of the conversion plan.\n\n> Note 1: The term spectrum access charge is defined in the Act.\n\n> Note 2: In this instrument, conversion plan has a different meaning than the definition in the Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Spectrum access charge — inner-metropolitan spectrum licence","content":"#### 7 Spectrum access charge – inner-metropolitan spectrum licence\n\n  (1) The spectrum access charge for issuing the inner-metropolitan spectrum licence to NBN Co is:\n    (a) if the licence is no longer in force at the start of the first anniversary of the day it came into force – nil; or\n    (b) if the licence is still in force at the start of the first anniversary of the day it came into force – $226,441,720.\n  (2) The spectrum access charge (if any) for issuing the inner-metropolitan spectrum licence is payable on the first anniversary of the day the licence came into force.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Spectrum access charge — outer-metropolitan and regional spectrum licence","content":"#### 8 Spectrum access charge – outer\\-metropolitan and regional spectrum licence\n\n  (1) The spectrum access charge for issuing the outer\\-metropolitan and regional spectrum licence to NBN Co is $57,146,840.\n  (2) If NBN Co does not elect for subsection (3) to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.\n  (3) If NBN Co elects, in accordance with section 9, for this subsection to apply, the spectrum access charge for issuing the outer-metropolitan and regional spectrum licence is payable at the following times:\n    (a) an amount of $5,714,684 is payable on the day occurring one week after the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence;\n    (b) an amount of $5,714,684 is payable on each anniversary of the day the licence came into force, until a total of $57,146,840 has been paid.\n\n> Note: This provides for 10 instalments. If the outer-metropolitan and regional spectrum licence is issued, it will be issued in 2021. In accordance with the conversion plan, the licence will cease to be in force not later than the end of 13 December 2030. The last instalment will therefore be payable in 2030.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Election — outer-metropolitan and regional spectrum licence","content":"#### 9 Election – outer-metropolitan and regional spectrum licence\n\n  (1) NBN Co may elect for subsection 8(3) to apply by:\n    (a) providing written notice to the ACMA that subsection 8(3) is to apply; and\n    (b) giving that notice to the ACMA at any time on or before the day mentioned in paragraph 56(2)(c) of the Act for the offer of the licence.\n\n> Note: The election cannot be made after the day mentioned in paragraph 56(2)(c) of the Act.\n\n  (2) NBN Co may use the acceptance form to give that notice to the ACMA.","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements and specifies the spectrum access charges and payment mechanics for two 3.4 GHz licences to NBN Co as authorised under subsection 294(1) of the Act (section 3). It does not expand the types of licences subject to charge or change the statutory authority; it instead fixes amounts, timing, and an optional instalment regime (sections 7–9) and sets a repeal date tied to the conversion plan (section 4 and section 5 definitions)."},"complexity_factors":["Fixed, large monetary sums for two specific licences (sections 7 and 8) increase financial and fiscal significance.","Alternative payment schedule for the outer‑metropolitan/regional licence requiring an election and instalment tracking (sections 8(3) and 9).","Cross‑references to the Radiocommunications Act 1992 (paragraph 56(2)(c)) for timing of offers and to the conversion plan for defined terms (sections 3, 5, 6, 8(2)).","Entity‑specific application: charges apply only to NBN Co (section 5 definitions), concentrating compliance and payment responsibility.","Sunset/repeal date linked to licence term and conversion plan timelines (repeal at end of 31 December 2030; conversion plan reference noted in section 8 note)."],"plain_english_summary":"This Determination sets the spectrum-access charges NBN Co must pay for two 3.4 GHz licences: an inner‑metropolitan licence (a single charge of $226,441,720 payable on the first anniversary if the licence remains in force) and an outer‑metropolitan/regional licence ($57,146,840 payable either once or in ten annual instalments if NBN Co elects). (See sections 7–9 and repeal at section 4.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: setting spectrum access charges for NBN Co's 3.4 GHz band licences. It does not expand beyond the specific pricing and payment mechanism for these two licence categories."},"complexity_factors":["Short instrument with only 9 operative sections","Minimal defined terms (6 definitions in section 5)","Simple conditional logic limited to two scenarios: (a) licence active vs inactive at first anniversary for inner-metropolitan charge; (b) election vs no-election for payment timing of outer-metropolitan charge","Cross-references to external instruments (the Radiocommunications Act 1992 and the 3.4 GHz Band Spectrum Conversion Plan 2021) but these are standard definitional references","No nested exceptions or complex temporal calculations beyond straightforward anniversary dates","Single-purpose instrument dealing with only one entity (NBN Co) and two specific licence types"],"plain_english_summary":"This determination fixes what NBN Co must pay to use 3.4 GHz radio spectrum: $226.4m for an inner‑metropolitan licence (payable only if held one year) and $57.1m for an outer‑metropolitan/regional licence. The latter can be paid upfront or in ten annual instalments. It affects NBN Co as licensee and ACMA as regulator, ensuring the public receives market‑based payment for valuable spectrum otherwise usable by mobile operators."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021","history":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021/history","analysis":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021/analysis","conflicts":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021/important-cases","documents":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-determination-2021/documents"}}