{"id":"F2017L01266","name":"Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017","slug":"radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97187,"registerId":"commonwealth-F2017L01266-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 GHz unallocated lots band) 2017.\n\n#### 2 Commencement\n\n  This instrument commences on the day after it is registered.\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 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  (1) In this instrument:\n\n> 2 GHz band means the following frequency bands:\n\n    (a) 1920 MHz to 1980 MHz; and\n    (b) 2110 MHz to 2170 MHz.\n\n> 2 GHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 2 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:\n\n    (a) 1920 MHz to 1930 MHz and 2110 MHz to 2120 MHz in:\n    (i) Canberra B;\n    (ii) Darwin; and\n    (iii) Hobart;\n    (b) 1930 MHz to 1935 MHz and 2120 MHz to 2125 MHz in:\n    (i) Adelaide;\n    (ii) Brisbane A;\n    (iii) Canberra A;\n    (iv) Darwin;\n    (v) Hobart; and\n    (vi) Perth;\n\n> where each corresponding area is to be ascertained in accordance with subsection 5(2) of the designation notice.\n\n> Note: Each named area is also a region specified in Schedule 2.\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 to Spectrum Licensed Receivers – 2 GHz Band) 2016; and\n    (b) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016.\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 http://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> Canberra Deep Space Communications Complex or CDSCC refers to the complex housing numerous Earth stations located at Tidbinbilla in HCIS identifier MW4H6.\n\n> designation notice means the Radiocommunications (Spectrum Designation—2 GHz and 3.4 GHz Bands) Notice 2017.\n\n> first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.\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> high altitude platform station or HAPS means a high altitude platform station, which is a station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth.\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 2 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 [http://www.acma.gov.au](http://www.acma.gov.au).\n\n> region: see Schedule 2.\n\n> sample spectrum licence: see section 21.\n\n> spectrum space means a three dimensional space described by a frequency band and geographic area specified in a spectrum licence.\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 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 it is registered.\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 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  (1) In this instrument:\n\n> 2 GHz band means the following frequency bands:\n\n    (a) 1920 MHz to 1980 MHz; and\n    (b) 2110 MHz to 2170 MHz.\n\n> 2 GHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 2 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:\n\n    (a) 1920 MHz to 1930 MHz and 2110 MHz to 2120 MHz in:\n    (i) Canberra B;\n    (ii) Darwin; and\n    (iii) Hobart;\n    (b) 1930 MHz to 1935 MHz and 2120 MHz to 2125 MHz in:\n    (i) Adelaide;\n    (ii) Brisbane A;\n    (iii) Canberra A;\n    (iv) Darwin;\n    (v) Hobart; and\n    (vi) Perth;\n\n> where each corresponding area is to be ascertained in accordance with subsection 5(2) of the designation notice.\n\n> Note: Each named area is also a region specified in Schedule 2.\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 to Spectrum Licensed Receivers – 2 GHz Band) 2016; and\n    (b) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016.\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 http://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> Canberra Deep Space Communications Complex or CDSCC refers to the complex housing numerous Earth stations located at Tidbinbilla in HCIS identifier MW4H6.\n\n> designation notice means the Radiocommunications (Spectrum Designation—2 GHz and 3.4 GHz Bands) Notice 2017.\n\n> first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.\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> high altitude platform station or HAPS means a high altitude platform station, which is a station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth.\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 2 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 [http://www.acma.gov.au](http://www.acma.gov.au).\n\n> region: see Schedule 2.\n\n> sample spectrum licence: see section 21.\n\n> spectrum space means a three dimensional space described by a frequency band and geographic area specified in a spectrum licence.\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 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 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 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 lot for a pre-determined price, as set out in Part 5 of the allocation determination.\n  (3) Parts of the 2 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 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 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 11 October 2032.\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 11 October 2032.\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 radiocommunications receivers operating in the 2110 MHz to 2125 MHz frequency range cannot claim protection from harmful interference caused by radiocommunications transmitters of the space research service operated at the CDSCC.\n\n> Note: It is intended that radiocommunications devices operating in the 2110 MHz to 2125 MHz frequency range do not constrain current or future space research services operations at the CDSCC in the 2110 MHz to 2120 MHz frequency range.\n\n  (5) 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, the licensee must follow the procedures set out in Radiocommunications RALI MS 32 as if the radiocommunications transmitter were an apparatus-licensed transmitter.\n  (6) Each spectrum licence will include a condition that states that licensees 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 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 GHz Band) Determination 2016 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 radiocommunications transmitter that operates in the 2 GHz band with a maximum EIRP of less than or equal to 25 dBm per occupied bandwidth;\n    (b) a high altitude platform station (HAPS) that does not exceed a power flux density of – 121.5 dB (W/(m2MHz)) at the Earth’s surface outside the spectrum space for the spectrum licence.","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 2GHz (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 frequency range | Upper frequency range | Bandwidth  |\n| 6          | CBRB01   | Canberra B | 1920 MHz – 1930 MHz   | 2110 MHz–2120 MHz     | 2 x 10 MHz |\n| 7          | DARW01   | Darwin     | 1920 MHz–1930 MHz     | 2110 MHz–2120 MHz     | 2 x 10 MHz |\n| 8          | HOBA01   | Hobart     | 1920 MHz–1930 MHz     | 2110 MHz–2120 MHz     | 2 x 10 MHz |\n| 9          | ADEL01   | Adelaide   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 2 x 5 MHz  |\n| 10         | BRIA01   | Brisbane A | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 2 x 5 MHz  |\n| 11         | CBRA01   | Canberra A | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 2 x 5 MHz  |\n| 12         | DARW02   | Darwin     | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 2 x 5 MHz  |\n| 13         | HOBA02   | Hobart     | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 2 x 5 MHz  |\n| 14         | PERT01   | Perth      | 1930 MHz–1935 MHz     | 2120 MHz–2125 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. The lot numbers begin at number 6 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 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 2 GHz (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 2 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 (2GHz unallocated lots band) 2017","sortOrder":41}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument itself defines the scope of allocation and licence conditions for the specified 2 GHz unallocated lots. There is no text in this instrument indicating it alters the broader scope of the Act or other instruments; no amendment history or change-from-original-intent statement is provided within the supplied text."},"complexity_factors":["Cross-references to other instruments and the Act (frequent reliance on the allocation determination, designation notice, advisory guidelines and Act provisions) which require parallel reading to understand procedures and legal effects (see clauses 3, 10, 13, notes to various clauses).","Auction mechanics delegated to the allocation determination (clause 10(1)) — the marketing plan specifies lots and high-level rules but relies on another instrument for detailed auction procedure and post-auction processes.","Technical and measurement definitions that affect compliance (mean/true mean power, occupied bandwidth, non-spurious emissions) spread through clause 5 and measurement notes, which impose engineering obligations on licensees.","Detailed numeric emission limits in multiple tables (Schedule 3 and Schedule 4, esp. Schedule 4 clauses 2–7) with different bandwidths and offset regimes — requires technical evaluation for equipment and network design.","Extensive geographic specification using the HCIS and ASMG (Schedule 2, table of HCIS identifiers) producing many fine-grained geographic cells and potential edge cases at region boundaries.","Conditional regimes: options for written agreements to vary default emission limits (Schedule 3 cl.1; Schedule 4 cl.1), and default numerical limits if no agreement exists — creates negotiation and contract-compliance complexity between adjacent licensees.","ACMA discretion and administrative traps: power to offer pre-determined prices if only one preferred applicant (clause 10(2)); ability to refuse transmitter registration where interference would be unacceptable (clause 20(1) note); ACMA may add licence conditions (clause 19(2)).","Registration exemptions and technical caps (clause 20(2): device EIRP ≤ 25 dBm per occupied bandwidth; HAPS power flux density limit) which create delineation between registered and exempt devices and affect deployment choices.","Multiple operational obligations (third-party use clause 25; trading rules clause 26) that interact with other Act divisions and separate trading rules instruments, increasing transactional compliance.","Licence lifecycle particulars (issue on payment clause 15; commencement and fixed expiry date clause 16; re-issue warning clause 29) which impose timing, financial and renewal/re-allocation considerations for bidders and licensees."],"plain_english_summary":"This instrument sets out how the ACMA will allocate and issue spectrum licences for specified parts of the 2 GHz band (the “unallocated lots”), including the auction method, the lot boundaries and regions, licence duration (expiry 11 October 2032), and technical and registration requirements. It affects prospective bidders, winning licensees and equipment operators: winning bidders pay the prescribed prices to receive licences (see clause 15), and licensees must meet emission, registration and third‑party rules when operating devices under the licences."},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017 as originally made. The provided text does not include any amending provisions."},"complexity_factors":["Frequent cross‑references to multiple external legislative instruments (allocation determination, designation notice, advisory guidelines)","Highly technical emission limit schedules with frequency offsets and power levels","Geographic areas defined using detailed hierarchical cell identifier (HCIS) codes","Special conditions for deep space communications and radio quiet zone coordination","Relies on prior knowledge of the Radiocommunications Act and its licensing framework"],"plain_english_summary":"This ACMA marketing plan under the Radiocommunications Act sets the rules for allocating remaining 2 GHz spectrum via a simple clock auction (with a fallback price if only one bidder). It covers nine paired lots across specified regions, defines core licence conditions and technical limits, requires protection of the Canberra Deep Space complex and Mid West Radio Quiet Zone, and mandates registration for higher‑power transmitters. Mobile operators and wireless broadband providers should read this alongside the allocation determination to know what’s available, where they can operate, and their interference obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of allocating specific unallocated 2 GHz spectrum lots in designated Australian cities. The scope has not expanded beyond the marketing and allocation of these particular frequency blocks, with appropriate technical safeguards for adjacent services and the Canberra Deep Space Communications Complex. The detailed emission limits and registration requirements are directly ancillary to the core auction mechanism."},"complexity_factors":["Heavy cross-referencing to external instruments: the allocation determination, designation notice, advisory guidelines, and RALI MS 32 are all incorporated by reference, creating a web of interdependent documents","Technical complexity: 25 defined terms including specialised radio engineering concepts (EIRP, spurious emissions, occupied bandwidth, power flux density) with precise measurement methodologies","Nested conditional logic in emission limits: Schedule 4 contains multiple overlapping tables with frequency-dependent thresholds, offset calculations, and 'whichever is lower' rules (clause 2(2))","Geographic complexity: Seven distinct regions defined by 200+ HCIS (Hierarchical Cell Identifier Scheme) identifiers requiring reference to the separate Australian Spectrum Map Grid 2012","Dual commencement dates and duration rules: Different start dates depending on whether licence obtained via auction, pre-determined price, or post-auction process (section 16)","Multiple pathways to allocation: Auction, pre-determined price for single applicants, and post-auction process each with different procedural requirements","Incorporation of dynamic external documents: References to instruments 'as in force from time to time' means the legal effect can change without legislative amendment"],"plain_english_summary":"This legislation sets out the rules for selling off leftover mobile phone spectrum in the 2 GHz frequency range across several Australian cities. The Australian Communications and Media Authority (ACMA) will auction nine separate blocks of spectrum in Canberra, Darwin, Hobart, Adelaide, Brisbane, and Perth. These frequencies are used for mobile broadband and other wireless services.\n\n**What it does:**\n- **Establishes the auction process**: Uses a \"simple clock auction\" (a type of auction where prices rise until demand matches supply) to sell spectrum licences, with a fallback option to sell directly if only one buyer wants a particular block.\n- **Defines what's being sold**: Nine \"lots\" of spectrum ranging from 5 MHz to 10 MHz blocks in specific geographic areas (Schedule 1).\n- **Sets licence terms**: Licences last until 11 October 2032 (about 15 years from 2017).\n- **Imposes technical rules**: Strict limits on radio interference outside the licensed area and frequency band (Schedules 3 and 4), including special protections for the Canberra Deep Space Communications Complex (the big satellite dish facility at Tidbinbilla).\n- **Creates registration requirements**: Most transmitters must be registered with ACMA, though small low-power devices are exempt.\n\n**Who it affects:**\n- **Telecommunications companies** wanting to expand mobile coverage in these cities\n- **Businesses** looking to build private wireless networks\n- **The Canberra Deep Space Communications Complex**, which gets special protection from interference\n- **Users in the Mid-West Radio Quiet Zone** (a sensitive area in Western Australia), who must follow special coordination rules\n\n**Why it matters:**\nThis is about allocating scarce public resources (radio spectrum) efficiently. The 2 GHz band is valuable \"beachfront property\" for mobile networks. The rules ensure that:\n- Spectrum goes to those who value it most (via auction)\n- Different users don't interfere with each other\n- Critical scientific facilities (like the space tracking station) remain protected\n- There's flexibility for trading licences later if business needs change"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017","history":"/api/acts/radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017/history","analysis":"/api/acts/radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017/analysis","conflicts":"/api/acts/radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017/important-cases","documents":"/api/acts/radiocommunications-spectrum-marketing-plan-2-ghz-unallocated-lots-band-2017/documents"}}