{"id":"F2017L01256","name":"Radiocommunications Spectrum Marketing Plan (2.3 GHz unallocated lots band) 2017","slug":"radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97170,"registerId":"commonwealth-F2017L01256-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 (2.3 GHz unallocated lots band) 2017.\n\n#### 2 Commencement\n\n  This instrument commences on the day after the commencement of the Radiocommunications Spectrum Marketing Plan (2.3 GHz 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 39 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 2.3 GHz (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> 2.3 GHz band means the frequency range 2302 MHz to 2400 MHz throughout Australia, as designated in the designation notice.\n\n> 2.3 GHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 2.3 GHz (unallocated lots) band means the following frequency ranges within the 2.3 GHz band within the following regions:\n\n    (a) 2365 MHz to 2400 MHz in Cameron Corner, Geraldton/Kalgoorlie and Kimberley;\n    (b) 2337 MHz to 2365 MHz in Central Australia, Gold Fields and Mid West Radio Quiet Zone;\n    (c) 2302 MHz to 2330 MHz in Outer ACT;\n    (d) 2302 MHz to 2400 MHz in Delamere and Telfer Mine; and\n    (e) 2393 MHz to 2400 MHz in Melbourne and NSW East.\n\n> Act means the Radiocommunications Act 1992.\n\n> advisory guidelines means one or both of the following:\n\n    (a) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 2.3 GHz Band) 2013; and\n    (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 2.3 GHz Band) 2013.\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> deep space Earth station receiver means an Earth station receiver operated in the 2290-2300 MHz band.\n\n> designation notice means the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000.\n\n> earth station has the meaning given in Schedule 1 to the Radiocommunications (Interpretation) Determination 2015.\n\n> first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.\n\n> front-to-back ratio, for an antenna, is the response of the highest peak of the antenna radiation pattern in the region 180 degrees ±40 degrees (i.e. azimuths from 140° to 220°) relative to the main beam.\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> ITU Radio Regulations means the Radio Regulations published by the International Telecommunication Union.\n\n> Note: Copies of the ITU Radio Regulations can be obtained from the ITU: [www.itu.int](http://www.itu.int/)\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 2.3 GHz 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> 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> RALI MS 32 means the RALI MS 32 Coordination of Apparatus Licensed Services Within The Mid West Radio Quiet Zone, published on the ACMA’s website at [https://www.acma.gov.au](https://www.acma.gov.au).\n\n> RALI MS 37 means the RALI MS 37 Coordination of Spectrum-Licenced Devices Operating in the 2.3 GHz Band with SRS Earth Stations in the 2290 – 2300 MHz Band, published on the ACMA’s website at [https://www.acma.gov.au](https://www.acma.gov.au).\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 (2.3 GHz unallocated lots band) 2017.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after the commencement of the Radiocommunications Spectrum Marketing Plan (2.3 GHz 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 39 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 2.3 GHz (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> 2.3 GHz band means the frequency range 2302 MHz to 2400 MHz throughout Australia, as designated in the designation notice.\n\n> 2.3 GHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 2.3 GHz (unallocated lots) band means the following frequency ranges within the 2.3 GHz band within the following regions:\n\n    (a) 2365 MHz to 2400 MHz in Cameron Corner, Geraldton/Kalgoorlie and Kimberley;\n    (b) 2337 MHz to 2365 MHz in Central Australia, Gold Fields and Mid West Radio Quiet Zone;\n    (c) 2302 MHz to 2330 MHz in Outer ACT;\n    (d) 2302 MHz to 2400 MHz in Delamere and Telfer Mine; and\n    (e) 2393 MHz to 2400 MHz in Melbourne and NSW East.\n\n> Act means the Radiocommunications Act 1992.\n\n> advisory guidelines means one or both of the following:\n\n    (a) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 2.3 GHz Band) 2013; and\n    (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 2.3 GHz Band) 2013.\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> deep space Earth station receiver means an Earth station receiver operated in the 2290-2300 MHz band.\n\n> designation notice means the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000.\n\n> earth station has the meaning given in Schedule 1 to the Radiocommunications (Interpretation) Determination 2015.\n\n> first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.\n\n> front-to-back ratio, for an antenna, is the response of the highest peak of the antenna radiation pattern in the region 180 degrees ±40 degrees (i.e. azimuths from 140° to 220°) relative to the main beam.\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> ITU Radio Regulations means the Radio Regulations published by the International Telecommunication Union.\n\n> Note: Copies of the ITU Radio Regulations can be obtained from the ITU: [www.itu.int](http://www.itu.int/)\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 2.3 GHz 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> 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> RALI MS 32 means the RALI MS 32 Coordination of Apparatus Licensed Services Within The Mid West Radio Quiet Zone, published on the ACMA’s website at [https://www.acma.gov.au](https://www.acma.gov.au).\n\n> RALI MS 37 means the RALI MS 37 Coordination of Spectrum-Licenced Devices Operating in the 2.3 GHz Band with SRS Earth Stations in the 2290 – 2300 MHz Band, published on the ACMA’s website at [https://www.acma.gov.au](https://www.acma.gov.au).\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 2.3 GHz (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 2.3 GHz (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 2.3 GHz (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 2.3 GHz (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 2.3 GHz (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 column 4 of table 1 in Schedule 1; and\n    (c) the bandwidth specified in column 5 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 24 July 2030.\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 24 July 2030.\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) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit.\n  (3) Other conditions likely to be included in a licence are included in the sample spectrum licence at Schedule 5.\n\n> Note: The ACMA may include conditions in a spectrum licence that are not included in the sample spectrum licence.\n\n  (4) Each spectrum licence will include a condition that states that, before registering a radiocommunications transmitter for use in or around the RQZ and supplementary RQZ, as defined by the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011, licensees must follow the procedures set out in RALI MS 32 as if the radiocommunications transmitter were an apparatus licensed transmitter.\n  (5) Each spectrum licence will include a condition that states that licensees must comply with the requirements specified in Appendix 7 of the ITU Radio Regulations relating to the levels of in-band interference protection to be afforded to licensed receiving earth stations if the receiver:\n    (a) is licensed under the Act; and\n    (b) was registered in the Register prior to the date on which the device operated under the spectrum licence is registered.\n  (6) Each spectrum licence will include a condition that states that if the licensee operates a radiocommunications device under the spectrum licence, they must comply with the requirements specified in RALI MS 37 relating to the protection to be afforded to deep space Earth station receivers if the receiver:\n    (a) is licensed under the Act; and\n    (b) was registered in the Register prior to the date on which the device operated under this spectrum licence is registered.\n  (7) Each spectrum licence will include a condition that states that licensee must ensure that operation of a radiocommunications transmitter that is exempt from registration under subsection 20(2) does not cause harmful interference to other radiocommunications devices operating in the 2.3 GHz band.","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 — 2.3 GHz Band) Determination 2013 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 transmitter that operates in the 2.3 GHz band with a maximum radiated true mean power of less than or equal to 23 dBm per occupied bandwidth;\n    (b) a transmitter that operates in the 2.3 GHz band where:\n    (i) the maximum radiated true mean power is always less than or equal to 43 dBm per occupied bandwidth; and\n    (ii) the phase centre of the antenna is less than or equal to 10 metres above ground level; and\n    (iii) the antenna has a front-to-back ratio greater than or equal to 20 dB.","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Draft sample licence","content":"#### 21 Draft sample licence\n\n  Schedule 5 sets out a sample spectrum licence (sample spectrum licence) including conditions that may be included in each spectrum licence that is issued in the 2.3 GHz (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  |\n| ---------- | -------- | ------------------------- | ----------------- | --------- |\n| Lot number | Lot name | Region                    | Frequency range   | Bandwidth |\n| 15         | CAME01   | Cameron Corner            | 2365 MHz–2400 MHz | 35 MHz    |\n| 16         | CENT01   | Central Australia         | 2337 MHz–2365 MHz | 28 MHz    |\n| 17         | DELA01   | Delamere                  | 2302 MHz–2400 MHz | 98 MHz    |\n| 18         | GEKA01   | Geraldton/Kalgoorlie      | 2365 MHz–2400 MHz | 35 MHz    |\n| 19         | GOLD01   | Gold Fields               | 2337 MHz–2365 MHz | 28 MHz    |\n| 20         | KIMB01   | Kimberley                 | 2365 MHz–2400 MHz | 35 MHz    |\n| 21         | MELB01   | Melbourne                 | 2393 MHz–2400 MHz | 7 MHz     |\n| 22         | RQZW01   | Mid West Radio Quiet Zone | 2337 MHz–2365 MHz | 28 MHz    |\n| 23         | NSWE01   | NSW East                  | 2393 MHz–2400 MHz | 7 MHz     |\n| 24         | ACTO01   | Outer ACT                 | 2302 MHz–2330 MHz | 28 MHz    |\n| 25         | TELF01   | Telfer Mine               | 2302 MHz–2400 MHz | 98 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. The lot numbers begin at number 15 as other lots are being allocated through the allocation process set out in the allocation determination.","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","sectionType":"section","heading":"Sample spectrum licence","content":"#### Schedule 5—Sample spectrum licence\n\n(section 22)\n\n  This Schedule sets out a sample spectrum licence, and the conditions that may be included in a spectrum licence, issued in the 2.3 GHz (unallocated lots) band, in accordance with this instrument.\n\n![](image.007.png)\n\nCOMMONWEALTH OF AUSTRALIA\n\nAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY\n\nRadiocommunications Act 1992\n\nSample Spectrum Licence for the 2.3 GHz (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 (2.3 GHz unallocated lots band) 2017","sortOrder":42}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument confines allocation and operating rules to a defined subset of the 2.3 GHz band described as the 'unallocated lots' (definitions and Schedule 1). It specifies procedures for allocation, licensing, technical limits and registration but does not, on its face, expand or contract the band beyond the ranges and regions set out in this instrument and the referenced designation notice and allocation determination."},"complexity_factors":["Cross-references to other instruments and the Radiocommunications Act create layered legal dependencies (authority and references: cl.3; cl.6).","Auction and allocation mechanics are delegated to a separate allocation determination and post-auction Schedule, requiring users to consult multiple documents (auction method and procedures: cl.10; definitions referencing allocation determination).","Technical complexity from detailed emission limits and spurious/non-spurious tables across Schedules 3 and 4, requiring engineering measurement rules and bandwidth offsets (Schedules 3–4).","Geographic mapping uses the ASMG/HCIS hierarchical scheme and extensive HCIS identifiers, so spatial scope is technically granular and requires map/grid interpretation (Schedule 2).","Registration rules and exemptions set operational compliance burdens and measurement thresholds (registration and exemptions: cl.20(1)–(2); related notes).","Coordination and protection obligations reference external operational instruments (RALI MS 32, RALI MS 37) and ITU requirements, imposing procedural steps with third parties (cl.19(4)–(6), cl.19(5)).","Administrative discretion points for ACMA: offering pre-determined prices when only one applicant nominates a lot (cl.10(2)); inclusion of other licence conditions under the Act (cl.19(2)); refusal to register transmitters (cl.20 note).","Trading and third-party use are permitted but regulated by separate trading rules and statutory divisions, creating transactional compliance (third-party use: cl.25; trading: cl.26).","Definitions section contains many technical and measurement terms (power, occupied bandwidth, true mean power) that affect compliance testing and enforcement (cl.5).","Licence term and re-issue mechanics (fixed expiry, possible resumption/cancellation, re-issue variability) create temporal planning complexity for holders (cl.16; cl.29)."],"plain_english_summary":"This instrument sets rules for allocating and issuing licences for specified unallocated parts of the 2.3 GHz radio band, using a simple clock auction and related post‑auction processes. It fixes licence duration (expiry 24 July 2030) and prescribes payments, registration requirements and technical operating constraints.  \n\nIt affects prospective bidders, licence-holders, equipment operators and adjacent spectrum users because successful applicants pay the licence price, licences may be traded or shared, and emission, registration and coordination rules determine what equipment can be used and where."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: allocating specific unallocated spectrum lots in the 2.3 GHz band through auction and post-auction processes. While it incorporates detailed technical conditions and cross-references multiple external documents, this complexity serves the core function of spectrum marketing rather than expanding into unrelated regulatory areas."},"complexity_factors":["Heavy cross-referencing to external instruments: the allocation determination, Radiocommunications Act 1992, ITU Radio Regulations, and multiple RALI documents (MS 32 and MS 37)","Technical complexity: 47+ defined terms including specialised RF engineering concepts (front-to-back ratio, true mean power, spurious vs non-spurious emissions, EIRP calculations)","Nested conditional logic in Schedules 3 and 4: emission limits vary based on written agreements, frequency offsets, bandwidths, and whether transmitters are exempt from registration","Geographic complexity: 11 distinct regions defined by hierarchical cell identifier scheme (HCIS) with four levels of granularity (3°, 1°, 15', 5' cells)","Multiple allocation pathways: auction, pre-determined price for single applicants, and post-auction process with different commencement dates and conditions","Dual regime for emission limits: 'with agreement' vs 'without agreement' clauses creating parallel compliance pathways","Incorporation of external technical standards by reference (ASMG 2012, ITU Radio Regulations Appendix 7) that aren't reproduced in the instrument"],"plain_english_summary":"The instrument authorises ACMA to auction leftover 2.3 GHz mobile spectrum in specific Australian areas so telcos can buy licences to expand 4G/5G coverage. It sets how the auction runs and the licence conditions winners must meet, including technical limits to prevent harmful interference and special protections for nearby radio astronomy and space-tracking facilities.\n\nIt matters because it frees idle spectrum for regional and urban coverage improvements while safeguarding existing services and scientific receivers."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017","history":"/api/acts/radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017/history","analysis":"/api/acts/radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017/analysis","conflicts":"/api/acts/radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017/important-cases","documents":"/api/acts/radiocommunications-spectrum-marketing-plan-2-3-ghz-unallocated-lots-band-2017/documents"}}