{"id":"F2017L01258","name":"Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017","slug":"radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97175,"registerId":"commonwealth-F2017L01258-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"section","heading":"Preliminary","content":"#### Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017.\n\n#### 2 Commencement\n\n  This instrument commences immediately after the commencement of the Radiocommunications Spectrum Marketing Plan (1800 MHz Band) Variation 2017 (No.1).\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 3 Authority\n\n  This instrument is made under section 39A of the Act.\n\n#### 4 Purpose of the instrument\n\n  This instrument describes:\n    (a) the procedures for issuing spectrum licences in the 1800 MHz (unallocated lots) band;\n    (b) the spectrum licences that will be allocated by the ACMA in accordance with this instrument;\n    (c) some of the matters a licensee must take into account when operating radiocommunications devices under a spectrum licence allocated in accordance with this instrument; and\n    (d) other matters which a person should take into account when deciding whether to apply for a spectrum licence under the allocation determination.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> 1800 MHz band means the following frequency ranges:\n\n    (a) 1725 MHz to 1785 MHz; and\n    (b) 1820 MHz to 1880 MHz;\n    in the geographic areas specified in the table in clause 1 of Schedule 1 to the re\\-allocation declaration.\n\n> 1800 MHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 1800 MHz (unallocated lots) band means the following frequency ranges within the following regions:\n\n    (a) 1775 MHz to 1780 MHz and 1870 MHz to 1875 MHz in Dubbo, as that region is defined in Schedule 2 to this instrument;\n    (b) 1775 MHz to 1785 MHz and 1870 MHz to 1880 MHz in Mackay, as that region is defined in Schedule 2 to this instrument;\n    (c) 1745 MHz to 1750 MHz and 1840 MHz to 1845 MHz in Maryborough, as that region is defined in Schedule 2 to this instrument;\n    (d) 1780 MHz to 1785 MHz and 1875 MHz to 1880 MHz in Regional Western Australia, as that region is defined in Schedule 2 to this instrument; and\n    (e) 1750 MHz to 1755 MHz and 1845 MHz to 1850 MHz in Tasmania, as that region is defined in Schedule 2 to this instrument.\n\n> Note: The 1800 MHz (unallocated lots) band is a subset of the 1800 MHz band.\n\n> Act means the Radiocommunications Act 1992.\n\n> advisory guidelines means one or more of the following:\n\n    (a) Radiocommunications Advisory Guidelines (Additional Device Boundary Criteria – 1800 MHz Lower Band) 2012;\n    (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 1800 MHz Band) 2012; and\n    (c) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 1800 MHz Band) 2012.\n\n> Note: The advisory guidelines are registered on the Federal Register of Legislation.\n\n> allocation determination means the Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017.\n\n> applicant has the meaning given by subsection 4(1) of the allocation determination.\n\n> applicant information package has the meaning given by subsection 4(1) of the allocation determination.\n\n> auction has the meaning given by subsection 4(1) of the allocation determination.\n\n> Australian spectrum map grid or ASMG means the Australian Spectrum Map Grid 2012 published by the ACMA on its website at https://www.acma.gov.au.\n\n> balance of the pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> balance of the winning price has the meaning given by subsection 4(1) of the allocation determination.\n\n> first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.\n\n> fixed transmitter means a transmitter that is not a mobile transmitter.\n\n> geographic area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.\n\n> HCIS identifier means an identifier used to describe a geographic area in the HCIS.\n\n> hierarchical cell identifier scheme or HCIS means the cell grouping hierarchy scheme used to describe geographic areas in the ASMG.\n\n> in-band means:\n\n    (a) for a radiocommunications transmitter or radiocommunications receiver operated under a spectrum licence – the frequencies within the frequency band to which the licence relates;\n    (b) for a radiocommunications transmitter or radiocommunications receiver operated under an apparatus licence – the frequencies within the lower frequency limit and the upper frequency limit of that licence.\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 1800 MHz lot.\n\n> maximum true mean power means the true mean power measured in a specified rectangular bandwidth that is located within a specified frequency band such that the true mean power is the maximum of true mean powers produced.\n\n> Note: The power within the specified rectangular bandwidth is normally established by taking measurements using either an adjacent channel power meter or a spectrum analyser. Estimation of the accuracy of the measuring equipment, measurement procedure and any adjustments made to measurements to take account of practical filter shape factors should be in accordance with good engineering practice.\n\n> mean power means the average power measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.\n\n> mobile transmitter means a transmitter that is designed or manufactured to be capable of being operated in each of the following circumstances:\n\n    (a) the transmitter is in motion or moving; and\n    (b) the transmitter is stationary.\n\n> non spurious emission means an unwanted emission that is not a spurious emission.\n\n> occupied bandwidth, in relation to a radiocommunications transmitter, means the bandwidth of a frequency band, having fixed upper and lower limits, that is necessary to contain not less than 99 per cent of the true mean power of the transmitter’s emissions at any time.\n\n> post-auction application has the meaning given by subclause 2(1) of Schedule 4 to the allocation determination.\n\n> post-auction process means the process for allocation of licences conducted in accordance with Schedule 4 of the allocation determination.\n\n> pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> preferred lots has the meaning given by subsection 4(1) of the allocation determination.\n\n> re-allocation declaration means the Radiocommunications (Spectrum Re-allocation\\-Regional 1800 MHz Band) Declaration 2015.\n\n> region: see Schedule 2.\n\n> sample spectrum licence: see section 21.\n\n> spurious emission means an emission that is not:\n\n    (a) a modulation product; or\n    (b) wide band noise; or\n    (c) an emission caused by switching transients.\n\n> true mean power means:\n\n    (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present;\n    (b) if an unmodulated carrier is not present – the mean power measured while transmitter information is present.\n\n> unwanted emission, in relation to the operation of a transmitter authorised by a spectrum licence, means an emission outside the lower and upper frequency limits of the licence.\n\n> Note: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) apparatus licence;\n    (c) core conditions;\n    (d) frequency band;\n    (e) licensee;\n    (f) radiocommunications device;\n    (g) Register; and\n    (h) spectrum licence.\n\n#### 6 References to other legislative instruments and to other instruments or writing\n\n  (1) In this instrument, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force 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  (2) In this instrument, unless the contrary intention appears, a reference to an instrument or other writing (other than a legislative instrument) is a reference to that instrument or writing as existing from time to time.\n\n> Note: See section 314A of the Act.\n\n#### 7 References to frequency ranges\n\n  In this instrument, the range of numbers that identifies a frequency range includes the higher, but not the lower, number.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences immediately after the commencement of the Radiocommunications Spectrum Marketing Plan (1800 MHz Band) Variation 2017 (No.1).\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 39A of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Purpose of the instrument","content":"#### 4 Purpose of the instrument\n\n  This instrument describes:\n    (a) the procedures for issuing spectrum licences in the 1800 MHz (unallocated lots) band;\n    (b) the spectrum licences that will be allocated by the ACMA in accordance with this instrument;\n    (c) some of the matters a licensee must take into account when operating radiocommunications devices under a spectrum licence allocated in accordance with this instrument; and\n    (d) other matters which a person should take into account when deciding whether to apply for a spectrum licence under the allocation determination.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> 1800 MHz band means the following frequency ranges:\n\n    (a) 1725 MHz to 1785 MHz; and\n    (b) 1820 MHz to 1880 MHz;\n    in the geographic areas specified in the table in clause 1 of Schedule 1 to the re\\-allocation declaration.\n\n> 1800 MHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 1800 MHz (unallocated lots) band means the following frequency ranges within the following regions:\n\n    (a) 1775 MHz to 1780 MHz and 1870 MHz to 1875 MHz in Dubbo, as that region is defined in Schedule 2 to this instrument;\n    (b) 1775 MHz to 1785 MHz and 1870 MHz to 1880 MHz in Mackay, as that region is defined in Schedule 2 to this instrument;\n    (c) 1745 MHz to 1750 MHz and 1840 MHz to 1845 MHz in Maryborough, as that region is defined in Schedule 2 to this instrument;\n    (d) 1780 MHz to 1785 MHz and 1875 MHz to 1880 MHz in Regional Western Australia, as that region is defined in Schedule 2 to this instrument; and\n    (e) 1750 MHz to 1755 MHz and 1845 MHz to 1850 MHz in Tasmania, as that region is defined in Schedule 2 to this instrument.\n\n> Note: The 1800 MHz (unallocated lots) band is a subset of the 1800 MHz band.\n\n> Act means the Radiocommunications Act 1992.\n\n> advisory guidelines means one or more of the following:\n\n    (a) Radiocommunications Advisory Guidelines (Additional Device Boundary Criteria – 1800 MHz Lower Band) 2012;\n    (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 1800 MHz Band) 2012; and\n    (c) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 1800 MHz Band) 2012.\n\n> Note: The advisory guidelines are registered on the Federal Register of Legislation.\n\n> allocation determination means the Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017.\n\n> applicant has the meaning given by subsection 4(1) of the allocation determination.\n\n> applicant information package has the meaning given by subsection 4(1) of the allocation determination.\n\n> auction has the meaning given by subsection 4(1) of the allocation determination.\n\n> Australian spectrum map grid or ASMG means the Australian Spectrum Map Grid 2012 published by the ACMA on its website at https://www.acma.gov.au.\n\n> balance of the pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> balance of the winning price has the meaning given by subsection 4(1) of the allocation determination.\n\n> first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.\n\n> fixed transmitter means a transmitter that is not a mobile transmitter.\n\n> geographic area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.\n\n> HCIS identifier means an identifier used to describe a geographic area in the HCIS.\n\n> hierarchical cell identifier scheme or HCIS means the cell grouping hierarchy scheme used to describe geographic areas in the ASMG.\n\n> in-band means:\n\n    (a) for a radiocommunications transmitter or radiocommunications receiver operated under a spectrum licence – the frequencies within the frequency band to which the licence relates;\n    (b) for a radiocommunications transmitter or radiocommunications receiver operated under an apparatus licence – the frequencies within the lower frequency limit and the upper frequency limit of that licence.\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 1800 MHz lot.\n\n> maximum true mean power means the true mean power measured in a specified rectangular bandwidth that is located within a specified frequency band such that the true mean power is the maximum of true mean powers produced.\n\n> Note: The power within the specified rectangular bandwidth is normally established by taking measurements using either an adjacent channel power meter or a spectrum analyser. Estimation of the accuracy of the measuring equipment, measurement procedure and any adjustments made to measurements to take account of practical filter shape factors should be in accordance with good engineering practice.\n\n> mean power means the average power measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.\n\n> mobile transmitter means a transmitter that is designed or manufactured to be capable of being operated in each of the following circumstances:\n\n    (a) the transmitter is in motion or moving; and\n    (b) the transmitter is stationary.\n\n> non spurious emission means an unwanted emission that is not a spurious emission.\n\n> occupied bandwidth, in relation to a radiocommunications transmitter, means the bandwidth of a frequency band, having fixed upper and lower limits, that is necessary to contain not less than 99 per cent of the true mean power of the transmitter’s emissions at any time.\n\n> post-auction application has the meaning given by subclause 2(1) of Schedule 4 to the allocation determination.\n\n> post-auction process means the process for allocation of licences conducted in accordance with Schedule 4 of the allocation determination.\n\n> pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> preferred lots has the meaning given by subsection 4(1) of the allocation determination.\n\n> re-allocation declaration means the Radiocommunications (Spectrum Re-allocation\\-Regional 1800 MHz Band) Declaration 2015.\n\n> region: see Schedule 2.\n\n> sample spectrum licence: see section 21.\n\n> spurious emission means an emission that is not:\n\n    (a) a modulation product; or\n    (b) wide band noise; or\n    (c) an emission caused by switching transients.\n\n> true mean power means:\n\n    (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present;\n    (b) if an unmodulated carrier is not present – the mean power measured while transmitter information is present.\n\n> unwanted emission, in relation to the operation of a transmitter authorised by a spectrum licence, means an emission outside the lower and upper frequency limits of the licence.\n\n> Note: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) apparatus licence;\n    (c) core conditions;\n    (d) frequency band;\n    (e) licensee;\n    (f) radiocommunications device;\n    (g) Register; and\n    (h) spectrum licence.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other legislative instruments and to other instruments or writing","content":"#### 6 References to other legislative instruments and to other instruments or writing\n\n  (1) In this instrument, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force 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  (2) In this instrument, unless the contrary intention appears, a reference to an instrument or other writing (other than a legislative instrument) is a reference to that instrument or writing as existing from time to time.\n\n> Note: See section 314A of the Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"References to frequency ranges","content":"#### 7 References to frequency ranges\n\n  In this instrument, the range of numbers that identifies a frequency range includes the higher, but not the lower, number.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 8 Simplified outline of this Part\n\nThis Part describes the procedures for allocating spectrum licences that authorise the operation of radiocommunications devices in the 1800 MHz (unallocated lots) band.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Parts of the spectrum","content":"#### 9 Parts of the spectrum\n\n  The ACMA will allocate and issue spectrum licences for spectrum in the 1800 MHz (unallocated lots) band in the manner described in this instrument and the allocation determination.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"How licences will be allocated","content":"#### 10 How licences will be allocated\n\n  (1) Spectrum licences for spectrum in the 1800 MHz (unallocated lots) band will be allocated by simple clock auction in accordance with the procedures set out in the allocation determination.\n\n> Note: Neither the ACMA nor the Commonwealth accepts any liability for any loss or damage suffered by any person participating in the auction. Any person intending to participate in the auction should obtain independent legal, technical and financial advice before applying.\n\n  (2) If, before the auction manager sets the start date and time for the first and second rounds of the auction, the ACMA is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, the ACMA may offer to allocate spectrum licences for the lots for a pre-determined price, as set out in Part 5 of the allocation determination.\n  (3) Parts of the 1800 MHz (unallocated lots) band that are offered at auction or for a pre-determined price but not allocated may be later offered for allocation in accordance with Schedule 4 of the allocation determination.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Lots for the auction","content":"#### 11 Lots for the auction\n\n  (1) The ACMA has divided the 1800 MHz (unallocated lots) band into lots described in Schedule 1. Each lot is characterised by:\n    (a) the region of the lot, specified in column 3 of table 1 in Schedule 1;\n    (b) the frequencies specified in columns 4 and 5 of table 1 in Schedule 1; and\n    (c) the bandwidth specified in column 6 of table 1 in Schedule 1.\n  (2) The auction will be held in accordance with the procedures set out in the allocation determination. All lots will be available for allocation in accordance with the allocation determination.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Advertising the auction","content":"#### 12 Advertising the auction\n\n  The ACMA will publish details of the auction and invite persons to apply to take part in the auction, in accordance with the allocation determination.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Taking part in the auction","content":"#### 13 Taking part in the auction\n\n  (1) The ACMA will make available an applicant information package that contains more details about application requirements and the auction process in accordance with the allocation determination. Details of what must be in the applicant information package are in subsection 28(1) of the allocation determination.\n  (2) Details of how to apply to take part in the auction are set out in Part 4 of the allocation determination.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 14 Simplified outline of this Part\n\nThis Part describes:\n\n(a) the spectrum licences that will be issued in accordance with this instrument;\n\n(b) some of the matters a licensee must take into account when operating devices under a spectrum licence issued in accordance with this instrument;\n\n(c) conditions to be included in spectrum licences issued in accordance with this instrument; and\n\n(d) other matters which a person should take into account when deciding whether to apply for a spectrum licence to be issued in accordance with this instrument.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Issue of licences","content":"#### 15 Issue of licences\n\n  (1) Subject to the Act, the allocation determination and other relevant law, and subject to subsection (2), the ACMA will issue a spectrum licence to the person to whom it is allocated as soon as practicable after the person pays to the ACMA, on behalf of the Commonwealth, whichever of the following is relevant:\n    (a) the balance of the pre-determined price;\n    (b) the balance of the winning price.\n  (2) Subject to the Act, the allocation determination and other relevant law, if a spectrum licence is allocated to a person under clause 10 of Schedule 4 to the allocation determination, the ACMA will issue a spectrum licence to the person as soon as practicable.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Commencement and duration of licences","content":"#### 16 Commencement and duration of licences\n\n  (1) A licence issued to a person who has been allocated the licence as a result of the auction or for a pre-determined price under Part 5 of the allocation determination will commence on the date that the licence was issued and, subject to the Act, will be for a fixed term with an expiry date of 17 June 2028.\n\n> Note: In accordance with the Act, a licence may be resumed or cancelled before the expiry date.\n\n  (2) A licence issued to a person who has been allocated the licence through the post-auction allocation process will commence on the later of:\n    (a) the date stated in the post-auction application;\n    (b) the date the licence is issued;\n    (c) 1 February 2018;\n  and, subject to the Act, will be for a fixed term with an expiry date of 17 June 2028.\n\n> Note: In accordance with the Act, a licence may be resumed or cancelled before the expiry date.","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Core licence conditions","content":"#### 17 Core licence conditions\n\n  (1) Section 66 of the Act requires spectrum licences to include the following core conditions:\n    (a) a condition specifying the part or parts of the spectrum in which operation of radiocommunications devices is authorised under the licence;\n    (b) a condition specifying the maximum permitted level of radio emission, in parts of the spectrum outside such a part, that may be caused by operation of radiocommunications devices under the licence;\n    (c) a condition specifying the area within which operation of radiocommunications devices is authorised under the licence;\n    (d) a condition specifying the maximum permitted levels of radio emission, outside that area, that may be caused by operation of radiocommunications devices under the licence.\n  (2) These conditions will be included in the spectrum licences issued in accordance with this instrument.\n\n> Note: These core conditions may be varied by the ACMA, with the licensee’s agreement, under section 72 of the Act.","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Determining core licence conditions","content":"#### 18 Determining core licence conditions\n\n  (1) For each spectrum licence issued to a person as a result of the auction, for a pre-determined price, or through the post-auction allocation process:\n    (a) the licence will be for the frequencies, or the aggregation of the frequencies, assigned to the lots allocated to the person in accordance with the allocation determination; and\n    (b) the geographic area of a licence will be, for the frequencies assigned to each lot allocated to the person in accordance with the allocation determination, the region described in Schedule 2 that is the region for the lot.\n  (2) The emission limits outside the geographic area for all licences issued in accordance with this instrument will be calculated in accordance with Schedule 3.\n  (3) The emission limits outside part or parts of the spectrum for each licence issued in accordance with this instrument will be calculated in accordance with Schedule 4.","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Other licence conditions","content":"#### 19 Other licence conditions\n\n  (1) Each spectrum licence will also include conditions about:\n    (a) the payment of charges (section 67 of the Act);\n    (b) use by third parties (section 68 of the Act);\n    (c) registration of transmitters (section 69 of the Act); and\n    (d) residency (section 69A of the Act).\n  (2) Each spectrum licence issued as a result of the auction, for a pre-determined price, or through a post-auction allocation process will include a condition which will provide that where:\n    (a) a service is being provided using the same parameters as a fixed licence listed in Table 1 of Schedule 5 (specified fixed service); and\n    (b) the specified fixed service uses frequencies wholly or partly within the 1800 MHz band; and\n    (c) the specified fixed service is provided using a radiocommunications device operated under an apparatus licence;\n    the licensee:\n    (d) must not operate any radiocommunications transmitters authorised under its licence in a manner that would be inconsistent with the protections afforded to that specified fixed service by Part 2 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 1800 MHz Band) 2012. (Part 2 of those guidelines specifies the level of out-of-band and in-band protection to be afforded to such specified fixed services); and\n    (e) cannot claim protection from interference caused by that specified fixed service.\n  (3) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit.\n  (4) Other conditions likely to be included in a licence are included in the sample spectrum licence at Schedule 6.\n\n> Note: The ACMA may include conditions in a spectrum licence that are not included in the sample spectrum licence.","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Registration of transmitters","content":"#### 20 Registration of transmitters\n\n  (1) Each spectrum licence will include a condition that prohibits operation of a radiocommunications transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered have been met.\n\n> Note 1: Under subsection 145(1) of the Act, the ACMA may refuse to include in the Register details of a radiocommunications transmitter that is proposed to be operated under a spectrum licence if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other licence.\n\n> Note 2: Subsection 145(4) of the Act states that the ACMA may determine, by written instrument, what are acceptable levels of interference for the purposes of section 145 of the Act.\n\n> Note 3: The Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 2012 sets out what are the unacceptable levels of interference for the purpose of registering devices to be operated under a licence issued in accordance with this instrument, and is to be used for the issue of certificates by accredited persons under subsection 145(3) of the Act.\n\n  (2) Each spectrum licence will include a condition that states the following radiocommunications transmitters are exempt from registration:\n    (a) a mobile transmitter that operates in the 1800 MHz band with a radiated power of less than or equal to 39 dBm EIRP per occupied bandwidth;\n    (b) a fixed transmitter that operates in the 1800 MHz band with a radiated power always less than or equal to 33 dBm EIRP per occupied bandwidth.","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Draft sample licence","content":"#### 21 Draft sample licence\n\n  Schedule 6 sets out a sample spectrum licence (sample spectrum licence) including conditions that may be included in each spectrum licence that is issued in the 1800 MHz (unallocated lots) band.\n\n> Note: The sample spectrum licence may not reflect all the conditions included in a spectrum licence issued in accordance with the instrument.","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Compatibility requirements","content":"#### 22 Compatibility requirements\n\n  The advisory guidelines provide a means of coordinating services operating under spectrum licences with other services.","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 23 Simplified outline of this Part\n\nThis Part describes various matters that apply after licences are issued in accordance with this instrument.","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Registration of licences","content":"#### 24 Registration of licences\n\n  The ACMA will register all spectrum licences in accordance with Part 3.5 of the Act.\n\n> Note: Details about registration are in the Radiocommunications (Register of Radiocommunications Licences) Determination 2017.","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Third party use","content":"#### 25 Third party use\n\n  A licensee may authorise other persons to operate radiocommunications devices under any spectrum licence issued to it, provided it does so in accordance with Division 1 of Part 3.2 of the Act.","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Trading in spectrum licences","content":"#### 26 Trading in spectrum licences\n\n  (1) A licensee may assign, or otherwise deal with, the whole or any part of a spectrum licence, provided it does so in accordance with Division 5 of Part 3.2 of the Act.\n  (2) The ACMA has made rules under section 88 of the Act to regulate trading in spectrum licences. Section 85 of the Act requires assignments of the whole or part of any spectrum licence to comply with these rules.\n\n> Note: The rules are set out in the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012.","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Agreements about emission limits","content":"#### 27 Agreements about emission limits\n\n  A licensee may enter into an agreement for the purpose of one or more of the following:\n    (a) clause 1 of Schedule 3 (about emission limits outside the geographic area of the licence); or\n    (b) clause 1 of Schedule 4 (about emission limits outside the band of the licence).","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Spectrum licences that are about to expire","content":"#### 28 Spectrum licences that are about to expire\n\n  As required by section 78 of the Act, the ACMA must, from time to time, publish on its website a notice that:\n    (a) states where information may be obtained about:\n    (i) the spectrum licences that will expire during a period specified in the notice; and\n    (ii) the parts of the spectrum to which they relate; and\n    (b) invites expressions of interest from persons who wish to have issued to them spectrum licences relating to those parts of the spectrum.","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Re-issue of licence","content":"#### 29 Re\\-issue of licence\n\n  (1) The ACMA re-issues licences in accordance with Division 4 of Part 3.2 of the Act.\n  (2) Spectrum licences that are re-issued are unlikely to take the same form as originally issued, as the lots may be divided and distributed differently. Conditions on the spectrum licences may also change upon re-issue. A person considering applying to participate in the allocation process should not assume that, if the person is issued with a licence in accordance with this instrument:\n    (a) the licence will be re-issued to the person; or\n    (b) if the licence is re-issued to the person – the licence re-issued will have the same conditions as the licence originally issued to the person.","sortOrder":29},{"sectionNumber":"Schedule 1","sectionType":"section","heading":"Lots","content":"#### Schedule 1—Lots\n\n(subsection 11(1))","sortOrder":30},{"sectionNumber":"Table 1 Lots","sectionType":"section","heading":"Table 1 Lots","content":"#### Table 1 Lots\n\n| Column 1   | Column 2 | Column 3                   | Column 4             | Column 5              | Column 6   |\n| ---------- | -------- | -------------------------- | -------------------- | --------------------- | ---------- |\n| Lot number | Lot name | Region                     | Lower frequencyrange | Upper frequency range | Bandwidth  |\n| 1          | DUBB01   | Dubbo                      | 1775 MHz–1780 MHz    | 1870 MHz–1875 MHz     | 2 x 5 MHz  |\n| 2          | MACK01   | Mackay                     | 1775 MHz–1785 MHz    | 1870 MHz–1880 MHz     | 2 x 10 MHz |\n| 3          | MARY01   | Maryborough                | 1745 MHz–1750 MHz    | 1840 MHz–1845 MHz     | 2 x 5 MHz  |\n| 4          | REGW01   | Regional Western Australia | 1780 MHz–1785 MHz    | 1875 MHz–1880 MHz     | 2 x 5 MHz  |\n| 5          | TASM01   | Tasmania                   | 1750 MHz–1755 MHz    | 1845 MHz–1850 MHz     | 2 x 5 MHz  |\n\n> Note: Columns 1 and 2 are included for information only. The auction system used for the purposes of the allocation determination may refer to the lot number and the lot name.","sortOrder":31},{"sectionNumber":"Schedule 2","sectionType":"section","heading":"Regions","content":"#### Schedule 2—Regions\n\n(section 5, paragraph 11(1)(a))","sortOrder":32},{"sectionNumber":"Schedule 3","sectionType":"section","heading":"Emission limits outside the area","content":"#### Schedule 3—Emission limits outside the area\n\n(subsection 18(2))","sortOrder":35},{"sectionNumber":"Schedule 4","sectionType":"section","heading":"Emission limits outside the band","content":"#### Schedule 4—Emission limits outside the band\n\n(subsection 18(3))","sortOrder":38},{"sectionNumber":"Schedule 5 Specified fixed licences","sectionType":"section","heading":"Schedule 5 Specified fixed licences","content":"#### Schedule 5 Specified fixed licences\n\n(paragraph 19(2)(a))\n\nTable 1 – Specified fixed links\n\n| Licence Number | A-End Site ID | A-End Location | B-End Site ID | B-End Location | State/Territory |\n| -------------- | ------------- | -------------- | ------------- | -------------- | --------------- |\n| 10231161       | 14788         | WYCHIE         | 14787         | CHINCHILLA     | QLD             |\n| 10231220       | 29111         | MECKERING      | 29157         | CUNDERDIN      | WA              |\n| 10231179       | 28654         | DUMBLEYUNG     | 28657         | DUMBLEYUNG     | WA              |\n| 10231165       | 28385         | GNOWELLEN      | 28588         | NALYERLUP      | WA              |\n| 10231166       | 28584         | MAGITUP        | 28565         | BORDEN         | WA              |\n| 10231167       | 28565         | BORDEN         | 28588         | NALYERLUP      | WA              |\n| 10231168       | 28518         | PINGRUP        | 28523         | PINGRUP        | WA              |\n| 10231155       | 14787         | CHINCHILLA     | 14803         | GLENHOPE       | QLD             |\n| 10231156       | 28693         | NEWDEGATE      | 28609         | LAKE GRACE     | WA              |\n| 10231157       | 38578         | NEWDEGATE      | 28693         | NEWDEGATE      | WA              |\n| 10231180       | 30382         | BEACON         | 30381         | CLEARY NORTH   | WA              |\n| 10231158       | 38578         | NEWDEGATE      | 28760         | NEWDEGATE      | WA              |\n| 10231159       | 14787         | CHINCHILLA     | 38950         | ESCHOL         | QLD             |\n| 10231178       | 131399        | ORCHID VALLEY  | 29051         | KULIKUP        | WA              |\n| 10231223       | 6887          | ATHOLWOOD      | 400244        | BRACKER FOREST | NSW             |\n| 10231175       | 14902         | TARA           | 400457        | BENNETT        | QLD             |\n| 10231171       | 401132        | DARR CREEK     | 37146         | DARR CREEK     | QLD             |\n| 10231172       | 38950         | ESCHOL         | 401132        | DARR CREEK     | QLD             |\n| 10231176       | 600486        | RF KULIKUP     | 29051         | KULIKUP        | WA              |\n| 10231177       | 600487        | KULIKUP        | 600486        | RF KULIKUP     | WA              |","sortOrder":42},{"sectionNumber":"Schedule 6","sectionType":"section","heading":"Sample spectrum licence","content":"#### Schedule 6—Sample spectrum licence\n\n(section 21)\n\n  This Schedule sets out a sample spectrum licence, and the conditions that may be included in a spectrum licence, issued in the 1800 MHz (unallocated lots) band, in accordance with this instrument.\n\n![](image.005.png)\n\nCOMMONWEALTH OF AUSTRALIA\n\nAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY\n\nRadiocommunications Act 1992\n\nSample Spectrum Licence for the 1800 MHz (unallocated lots) band\n\nPrepared under section 61 of the Radiocommunications Act 1992 (‘the Act’) in accordance with the\n\n  Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017","sortOrder":43}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument remains focused on its original purpose: allocating specific unallocated 1800 MHz spectrum in five regional areas. The scope has not expanded beyond this narrow technical allocation function."},"complexity_factors":["Extensive cross-referencing to external instruments (Radiocommunications Act 1992, allocation determination, re-allocation declaration, advisory guidelines, trading rules determination)","Technical emission limits with multiple tables and frequency offset calculations (Schedules 3 and 4)","Nested conditional logic for licence commencement dates (section 16 distinguishes between auction winners vs post-auction applicants)","27 defined terms in section 5, many referencing other legislative instruments","Hierarchical Cell Identifier Scheme (HCIS) references requiring external ASMG 2012 publication for geographic interpretation","Dual pathways for allocation (auction vs pre-determined price vs post-auction process) creating parallel procedural tracks","Specific protections for 19 listed fixed links in Schedule 5 creating exceptions to general interference rules"],"plain_english_summary":"This marketing plan establishes an ACMA-run auction to allocate five remaining 1800 MHz spectrum lots in Dubbo, Mackay, Maryborough, Regional WA and Tasmania to telecoms, with ~11-year licences expiring June 2028. It sets auction rules (including a buy‑it‑now price if only one bidder) and licence conditions that impose technical limits, equipment registration and protections for existing fixed wireless services. It matters because it opens regional mobile spectrum while safeguarding incumbent users like emergency and utility links."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument narrowly implements the allocation and licence conditions for a small set of previously unallocated portions of the 1800 MHz band. It does not materially expand the scope of the regulatory regime beyond setting allocation procedures, defining lots/regions, prescribing technical emission limits and standard licence conditions. In that sense it stays within the original purpose of allocating unallocated 1800 MHz spectrum rather than growing beyond that intent."},"complexity_factors":["Extensive definitions section with many technical terms and cross-references to the allocation determination and the Act (clause 5).","Multiple external cross-references: allocation determination (multi-band auction), the Act (various Parts), advisory guidelines and other determinations (clause 6; notes throughout).","Dual allocation pathways: simple clock auction, pre-determined-price offers if a single applicant (clause 10(1)–(2)), and a post-auction allocation process (clause 10(3)) — conditional logic across different procedures.","Schedules containing detailed technical tables for emission limits (Schedules 3 and 4) with conditional application based on offsets, multiple bandwidths and peak vs mean power limits.","Large geographic definition dataset: Schedule 2 contains hundreds of HCIS identifiers to define regions (complex mapping to ASMG).","Licence lifecycle complexity: differing commencement rules for auction vs post-auction allocations and a fixed expiry date (clause 16).","Multiple optional pathways for altering default protections via written agreements among adjacent licensees (Schedules 3 and 4 cl.1) — potential for negotiated complexity and private ordering.","Sample licence (Schedule 6) combined with ACMA’s discretion to include additional or different conditions; note warns licences issued may differ (clauses 19, 21, 29(2))."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets out how the Australian Communications and Media Authority (ACMA) will allocate and issue spectrum licences for specific unallocated parts of the 1800 MHz band (the “1800 MHz (unallocated lots) band”). (clause 4, 9–11)\n- Establishes the auction method (simple clock auction) and the alternatives: pre-determined-price offers where there is only one applicant for a lot, and a post-auction allocation process for leftovers. (clause 10)\n- Defines the lots by region, frequency ranges and bandwidths (five lots: Dubbo, Mackay, Maryborough, Regional Western Australia and Tasmania). (Schedule 1; Schedule 2)\n- Specifies the licence term and commencement rules: licences start on issue (or specified post-auction date) and expire 17 June 2028. (clause 16)\n- Prescribes the required core licence conditions (part/parts of spectrum, geographic area, emission limits outside the area and outside the band) and sets out how those emission limits are calculated (Schedules 3 and 4). (clauses 17–18; Schedules 3–4)\n- Requires registration of transmitters under the Register rules, but provides limited registration exemptions for low-power mobile and fixed transmitters. (clause 20)\n- Makes clear licences can be traded, third parties authorised to use licences, and that ACMA may include further conditions. (clauses 25–26, 19)\n- Includes a sample spectrum licence and references advisory guidelines to coordinate interference management. (Schedule 6; clause 22)\n\n**Who this affects**\n\n- Potential and successful bidders for the specified 1800 MHz lots: they must participate in the auction or post-auction allocation and pay the winning or pre-determined price before a licence is issued. (clauses 10, 15)\n- Licensees in the listed regions who will hold and operate radiocommunications devices under the licences and must comply with emission limits, transmitter registration rules, and any licence conditions. (clauses 16, 18–20; Schedules 3–4)\n- Nearby or frequency-adjacent licence-holders, because emission limits (and optional written agreements) govern cross‑licensee protections and require coordination where appropriate. (Schedule 3 cl.1; Schedule 4 cl.1)\n- Users and operators of specified fixed links listed in Schedule 5, who receive protection under particular advisory-guideline-based conditions in licences. (clause 19(2); Schedule 5)\n\n**Why it matters (practical effects and decision points)**\n\n- Allocation and payment: bidders must prepare to participate in a simple clock auction and pay the winning or pre-determined price before receiving the licence; ACMA may offer a pre-determined price if only one applicant nominates a lot. This creates direct financial cost to winners and opportunity cost to bidders who do not participate. (clause 10; clause 15)\n\n- Territorial and spectral exclusivity: each licence defines the exact frequencies and the geographic region (via HCIS identifiers). Licence-holders get exclusive use within those parameters, subject to emission limits and ACMA powers. This changes the feasible services operators can offer in those places/frequencies and creates tradable assets (subject to trading rules). (clauses 11, 18, 26; Schedule 2)\n\n- Interference management and compliance burden: licence-holders must comply with technical emission limits outside the licensed area and outside the licensed band (Schedules 3–4). Those limits are technical (power, offsets, bandwidths) and impose measurement and engineering compliance costs, and potentially coordination costs if parties enter written agreements that alter those limits. (clauses 18; Schedules 3–4)\n\n- Registration and operational rules: transmitters generally must be registered (clause 20) and ACMA can refuse registration where operation would cause unacceptable interference (note under clause 20). There are narrowly defined registration exemptions for lower-power mobile and fixed transmitters (clause 20(2)). These rules affect operational flexibility and administrative workload.\n\n- Trading and secondary markets: licences can be assigned or otherwise dealt with (traded) in accordance with the Act and ACMA trading rules. That creates a secondary market for spectrum rights (clause 26), which affects valuations and commercial strategies (buy/hold/sell decisions).\n\n- ACMA discretion and practical implementation: ACMA sets timing for auction rounds, can offer pre-determined prices in limited circumstances, may include additional licence conditions or vary core conditions with licensee agreement, and must register licences. These decisions affect predictability for bidders and the administrative burden for ACMA and applicants. (clauses 6, 10(2), 17 note, 24)\n\n**Costs, incentives, trade-offs and risks (mechanisms, not judgements)**\n\n- Who pays: successful applicants/licensees pay the pre-determined or winning auction price before issuance (clause 15). There are also compliance and administrative costs (emission measurement, transmitter registration, possible coordination agreements).\n\n- Concentrated benefits vs diffuse costs: the direct economic benefit of winning a licence accrues to successful bidders (concentrated). The costs of managing cross-licensee interference (measurement, potential service adjustments) and the administrative overhead are borne by licensees and, indirectly, by adjacent operators and end users (potentially diffuse). (Schedule 3; Schedule 4)\n\n- Bargaining and coordination: where parties want emission limits different from the default technical limits, they must enter written agreements with affected adjacent licensees (Schedules 3 and 4 clause 1). This creates negotiation incentives and potential hold-up or cooperative outcomes, depending on bargaining power and the number of affected parties.\n\n- Implementation risk and information requirements: accurate determination of geographic coverage depends on the HCIS/ASMG mappings (Schedule 2) and the sample pictorial map is only indicative — participants must rely on their own technical/geographic assessments. Measurement of emissions to the specified technical standards requires appropriate equipment and engineering expertise (definitions and measurement notes). (Schedule 2; definitions; Schedules 3–4)\n\n- Regulatory discretion and conditionality: ACMA has scope to include further conditions under the Act (clause 19(3)). The sample licence notes that actual licences may differ, so bidders face uncertainty about final licence conditions (Schedule 6 note; clause 29(2)).\n\n**Concrete behavioural changes required by the instrument**\n\n- Potential participants must review applicant information, nominate preferred lots, and form bidding strategies for the simple clock auction or consider applying for a pre-determined-price allocation where relevant. (clauses 10–13)\n- Licensees must design and operate equipment to comply with the emission limits outside their area and band (Schedules 3–4), and register devices unless exempt (clause 20). They must also comply with payment and other licence conditions (clause 19).\n- Licensees may trade licences under the trading rules and may enter written agreements with adjacent licensees to alter emission limits (clauses 26; Schedules 3–4 cl.1).\n\n**Key cross-references you will need to consult when acting on this instrument**\n\n- Radiocommunications Act 1992 (for ACMA powers, core licence requirements, trading and registration rules) — referenced throughout (clauses 3, 17–19, 24–26).\n- Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017 (allocation determination) — procedural details about the auction, application package and post‑auction process are delegated to that instrument (definitions and clauses 10–13, 15).\n- Advisory guidelines and the Radiocommunications (Unacceptable Levels of Interference – 1800 MHz Band) Determination 2012 — for coordination and registration certificate standards (definitions; clause 20; clause 22).\n\n"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017","history":"/api/acts/radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017/history","analysis":"/api/acts/radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017/analysis","conflicts":"/api/acts/radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017/important-cases","documents":"/api/acts/radiocommunications-spectrum-marketing-plan-1800-mhz-unallocated-lots-band-2017/documents"}}