{"id":"F2020L01643","name":"Radiocommunications (Spectrum Access Charges—3.4 GHz Band) Direction 2020","slug":"radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130878,"registerId":"commonwealth-F2020L01643-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Radiocommunications (Spectrum Access Charges—3.4 GHz Band) Direction 2020.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 294(2) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n (a) ACMA\n (b) spectrum;\n (c) spectrum access charge; and\n (d) spectrum licence.\n In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> charges determination means a determination that is made under subsection 294(1) of the Act and that either fixes spectrum access charges payable by licensees for issuing relevant spectrum licences, or specifies the times when those spectrum access charges are payable, or both.\n\n> designated area means an inner-metropolitan area or an outer-metropolitan area.\n\n> Hierarchical Cell Identification Scheme or HCIS means the Hierarchical Cell Identification Scheme used as a part of the Australian Spectrum Map Grid 2012 document published by ACMA, as the document existed at the time this instrument was made.\n\n> Note 1: The HCIS is a naming convention for areas on the Australian Spectrum Map Grid 2012 (ASMG), which is a system used by the ACMA to define geographic areas for radiocommunications licensing. A document describing the ASMG and HCIS, as well as spatial datasets describing each HCIS area could, at the time this instrument was made, be found on the ACMA’s website ([http://www.acma.gov.au](http://www.acma.gov.au)).\n\n> Note 2: A tool to convert lists of HCIS area descriptions into Placemark files to allow these areas to be visualised using computer mapping software could, at the time this instrument was made, be found on the ACMA’s website ([http://www.acma.gov.au](http://www.acma.gov.au)).\n\n> inner-metropolitan area has the meaning given in clause 1 of Schedule 1.\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 area has the meaning given in clause 2 of Schedule 1.\n\n> relevant part of the spectrum means the part of the spectrum including all frequencies greater than 3400 MHz up to and including 3542.5 MHz.\n\n> relevant spectrum licence means a spectrum licence issued under subsection 57(1) of the Act to replace an apparatus licence that, at the time the licence is issued, authorises the operation of radiocommunications devices:\n\n (a) at frequencies within one or more relevant parts of the spectrum; and\n (b) within a designated area.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Direction—spectrum access charge for relevant spectrum licences","content":"#### 5 Direction—spectrum access charge for relevant spectrum licences\n\n (1) I direct the ACMA, in making a charges determination that relates to relevant spectrum licences to be issued to NBN Co, to:\n (a) fix the amount of the charges payable by NBN Co for the issue of those licences; and\n (b) specify the times at which those charges are payable;\n in accordance with this section.\n\n> Note: Subsection 294(1) of the Act provides that the ACMA may, by written instrument, make determinations fixing the amount of spectrum access charges payable by licensees for issuing spectrum licences and specifying the times when spectrum access charges are payable.\n\n Spectrum access charge—inner-metropolitan areas\n (2) The amount of spectrum access charges payable by NBN Co for issuing one or more relevant spectrum licences that authorise the operation of radiocommunications devices within a designated area that is an inner-metropolitan area (inner-metropolitan charges) must be, in the aggregate:\n (a) if all relevant spectrum licences are no longer in force at the start of the first anniversary of the first of those licences coming into force—nil; or\n (b) if any relevant spectrum licence is still in force at the start of the first anniversary of the first of those licences coming into force—$226,441,720.\n (3) The aggregate amount of the inner-metropolitan charges (if any) must be payable on:\n (a) if only one relevant spectrum licence is issued—the day which is the first anniversary of that licence coming into force; or\n (b) if more than one relevant spectrum licence is issued—the day which is the first anniversary of the first of those licences coming into force.\n Spectrum access charge—outer-metropolitan areas\n (4) The amount of spectrum access charges payable by NBN Co for issuing one or more relevant spectrum licences that authorise the operation of radiocommunications devices within a designated area that is an outer-metropolitan area (outer-metropolitan charges) must be, in the aggregate, $57,146,840.\n (5) NBN Co is to be permitted to elect to pay the outer-metropolitan charges in instalments, subject to the terms set out in subsection (6).\n (6) If NBN Co elects to pay the outer-metropolitan charges in instalments:\n (a) the aggregate amount of the charges must be payable in 10 equal instalments;\n (b) the first instalment must be payable prior to:\n (i) if only one relevant spectrum licence is issued—that licence coming into force; or\n (ii) if more than one relevant spectrum licence is issued—the first of those licences coming into force;\n (c) each further instalment must, until the full amount of the charges are paid, be payable in annual instalments on:\n (i) if only one relevant spectrum licence is issued—each anniversary of that licence coming into force; or\n (ii) if more than one relevant spectrum licence is issued—each anniversary of the first of those licences coming into force.\n\nSchedule 1—Designated Areas","sortOrder":4}],"analysis":{"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":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope: setting specific charges for NBN Co's spectrum licences in the 3.4 GHz band for designated metropolitan areas. The detailed geographic schedules are necessary to implement this specific purpose rather than representing scope creep."},"complexity_factors":["Extensive technical geographic identifiers: Schedule 1 contains hundreds of HCIS (Hierarchical Cell Identification Scheme) grid references that define the exact boundaries of inner and outer metropolitan areas","Conditional payment structure for inner-metropolitan charges: nil if all licences lapse before first anniversary, otherwise $226.4 million (subsection 5(2))","Instalment election mechanism for outer-metropolitan charges with 10-payment schedule and specific timing triggers tied to licence commencement dates (subsections 5(5)–(6))","Cross-references to parent Act (Radiocommunications Act 1992) for definitions including 'spectrum access charge', 'spectrum licence', and 'ACMA'","Technical frequency band definition: 'greater than 3400 MHz up to and including 3542.5 MHz' requires precise parsing","Dual table structure in Schedule 1 with composite area definitions requiring aggregation of multiple HCIS identifiers"],"plain_english_summary":"This ministerial direction tells ACMA to charge NBN Co fixed fees when converting certain 3.4 GHz radio equipment licences to spectrum licences in major-city areas. It sets a $226.4M charge for inner‑metropolitan licences (payable only if any licence remains one year after the first starts) and $57.1M for outer‑metropolitan licences (payable upfront or in 10 instalments at NBN Co’s choice). \n\nIt locks in a predictable, pre‑negotiated price for spectrum needed to deliver national wireless broadband."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument is narrowly scoped: it directs ACMA only in relation to spectrum access charges for relevant licences issued to NBN Co covering 3400–3542.5 MHz within HCIS‑defined designated areas (Schedule 1) and specifies amounts and payment timing (clause 5). It does not broaden ACMA's general charging power under the Act but prescribes a specific charging outcome and schedule for this cohort of licences."},"complexity_factors":["Targeted application to NBN Co and to licences replacing apparatus licences in the 3400–3542.5 MHz range (definitions: relevant part of the spectrum; relevant spectrum licence).","Large, fixed aggregate charge amounts with a conditional nil outcome for inner‑metropolitan areas depending on licence duration (clause 5(2)).","Different payment timing rules for inner (single payment on first anniversary) and outer (single payment or 10 instalments elected by NBN Co) areas, with instalment scheduling tied to licence commencement dates (clauses 5(3)–(6)).","Extensive geographic specification using the HCIS identifiers in Schedule 1, requiring spatial mapping to ascertain which licences/areas are inner or outer metropolitan.","Dependence on ACMA's charges determination mechanism under subsection 294(1) of the Act (cross‑reference in clause 3), creating an interaction between this Direction and existing charging processes.","Administrative complexity where multiple relevant licences are issued at different times (payment dates tied to the first licence coming into force)."],"plain_english_summary":"This Direction tells the ACMA how to set spectrum access charges for licences in the 3.4–3.5425 GHz band that are to be issued to NBN Co in specified inner‑ and outer‑metropolitan areas. It prescribes fixed aggregate amounts: an inner‑metropolitan charge of $226,441,720 (payable on the first anniversary unless all licences have already ceased) and an outer‑metropolitan charge of $57,146,840 (payable, or payable in 10 annual instalments if elected).\n\nIt therefore determines who pays (NBN Co), who decides timing and collection (ACMA), and the precise payment schedule for access to that part of the spectrum."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020","history":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020/history","analysis":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020/analysis","conflicts":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020/important-cases","documents":"/api/acts/radiocommunications-spectrum-access-charges-3-4-ghz-band-direction-2020/documents"}}