{"id":"F2017L01257","name":"Radiocommunications Spectrum Marketing Plan (3.4 GHz unallocated lots band) 2017","slug":"radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97173,"registerId":"commonwealth-F2017L01257-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 (3.4 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 3.4 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> 3.4 GHz band means the following frequency ranges in Australia:\n\n    (a) 3425 MHz to 3492.5 MHz;\n    (b) 3542.5 MHz to 3575 MHz.\n\n> 3.4 GHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 3.4 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:\n\n    (a) 3439 MHz to 3442.5 MHz in Adelaide, Hobart and Launceston;\n    (b) 3489 MHz to 3490 MHz in Hobart and Launceston;\n    (c) 3490 MHz to 3492.5 MHz in Brisbane B, Canberra A, Hobart, Launceston, Rockhampton and Toowoomba;\n    (d) 3542.5 MHz to 3546 MHz in Brisbane B, Canberra A, Rockhampton, Sydney B and Toowoomba;\n    (e) 3546 MHz to 3547 MHz in Brisbane B, Canberra A, Rockhampton and Toowoomba; and\n    (f) 3547 MHz to 3575 MHz in Brisbane B;\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 from Spectrum Licensed Transmitters — 3.4 GHz Band) 2015; and\n    (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 3.4 GHz Band) 2015.\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> 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> 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> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 3.4 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> 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 (3.4 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 3.4 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> 3.4 GHz band means the following frequency ranges in Australia:\n\n    (a) 3425 MHz to 3492.5 MHz;\n    (b) 3542.5 MHz to 3575 MHz.\n\n> 3.4 GHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 3.4 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:\n\n    (a) 3439 MHz to 3442.5 MHz in Adelaide, Hobart and Launceston;\n    (b) 3489 MHz to 3490 MHz in Hobart and Launceston;\n    (c) 3490 MHz to 3492.5 MHz in Brisbane B, Canberra A, Hobart, Launceston, Rockhampton and Toowoomba;\n    (d) 3542.5 MHz to 3546 MHz in Brisbane B, Canberra A, Rockhampton, Sydney B and Toowoomba;\n    (e) 3546 MHz to 3547 MHz in Brisbane B, Canberra A, Rockhampton and Toowoomba; and\n    (f) 3547 MHz to 3575 MHz in Brisbane B;\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 from Spectrum Licensed Transmitters — 3.4 GHz Band) 2015; and\n    (b) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 3.4 GHz Band) 2015.\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> 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> 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> licence schedule means a schedule to the sample spectrum licence.\n\n> lot means a 3.4 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> 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 3.4 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 3.4 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 3.4 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 3.4 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 3.4 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 13 December 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 13 December 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 the 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 3.4 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 — 3.4 GHz Band) Determination 2015 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 3.4 GHz (unallocated lots) band with a maximum EIRP of less than or equal to 25 dBm per occupied bandwidth;\n    (b) a radiocommunications transmitter that operates in the 3.4 GHz (unallocated lots) band where:\n    (i) the maximum EIRP is always less than or equal to 44 dBm per occupied bandwidth;\n    (ii) the phase centre of the antenna is less than or equal to 10 metres about 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 3.4 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| 26         | ADEL02   | Adelaide    | 3439 MHz–3442.5 MHz | 3.5 MHz   |\n| 27         | BRIB01   | Brisbane B  | 3490 MHz–3492.5 MHz | 2.5 MHz   |\n| 28         | BRIB02   | Brisbane B  | 3542.5 MHz–3575 MHz | 32.5 MHz  |\n| 29         | CBRA02   | Canberra A  | 3490 MHz–3492.5 MHz | 2.5 MHz   |\n| 30         | CBRA03   | Canberra A  | 3542.5 MHz–3547 MHz | 4.5 MHz   |\n| 31         | HOBA03   | Hobart      | 3439 MHz–3442.5 MHz | 3.5 MHz   |\n| 32         | HOBA04   | Hobart      | 3489 MHz–3492.5 MHz | 3.5 MHz   |\n| 33         | LAUN01   | Launceston  | 3439 MHz–3442.5 MHz | 3.5 MHz   |\n| 34         | LAUN02   | Launceston  | 3489 MHz–3492.5 MHz | 3.5 MHz   |\n| 35         | ROCK01   | Rockhampton | 3490 MHz–3492.5 MHz | 2.5 MHz   |\n| 36         | ROCK02   | Rockhampton | 3542.5 MHz–3547 MHz | 4.5 MHz   |\n| 37         | SYDB01   | Sydney B    | 3542.5 MHz–3546 MHz | 3.5 MHz   |\n| 38         | TOOW01   | Toowoomba   | 3490 MHz–3492.5 MHz | 2.5 MHz   |\n| 39         | TOOW02   | Toowoomba   | 3542.5 MHz–3547 MHz | 4.5 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 26 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 3.4 GHz (unallocated lots) band, in accordance with this instrument.\n\n![](image.004.png)\n\nCOMMONWEALTH OF AUSTRALIA\n\nAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY\n\nRadiocommunications Act 1992\n\nSample Spectrum Licence for the 3.4 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 (3.4 GHz unallocated lots band) 2017","sortOrder":42}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument remains narrowly focused on marketing and allocating specified unallocated lots within the 3.4 GHz band. It sets auction procedures, defines lots and regions, prescribes licence terms and technical emission limits, and provides sample licence text. It does not expand the legislative scope beyond allocation and management of these specific 3.4 GHz lots or add unrelated regulatory functions; therefore it does not represent a significant growth beyond its original, technical allocation purpose (see clause 4 and Schedules 1–4)."},"complexity_factors":["Approximately 36 defined terms in the interpretation section (clause 5) referencing technical and procedural concepts","Multiple cross‑references to external instruments: Radiocommunications Act 1992, the allocation determination, designation notice, advisory guidelines, and other determinations","Five schedules with detailed technical content (Schedule 1 lots, Schedule 2 HCIS regions, Schedule 3 emission limits outside the area, Schedule 4 emission limits outside the band, Schedule 5 sample licence)","Large HCIS cell lists in Schedule 2 (extensive geographic granularity and mapping rules)","Conditional logic and exceptions for emission limits (agreements vs no agreement; transmitter exemptions; different tables and offsets in Schedules 3–4)","Technical measurement definitions (EIRP, true mean power, occupied bandwidth, front‑to‑back ratio) and measurement practice notes creating enforcement and interpretation complexity","Cross‑referencing to the allocation determination for auction mechanics (e.g. applicant information package, auction rounds) increases interpretive dependency","Licence lifecycle complexity: different allocation routes (auction, pre‑determined price, post‑auction process), fixed expiry date and re‑issue uncertainty (clauses 15–16, 29)","Administrative discretion points: ACMA powers to include additional licence conditions, refuse registration, and register licences (clauses 19–20, 24)","Technical tables with multiple bandwidth and frequency offset ranges in Schedules 3 and 4 that require engineering analysis for compliance"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- It sets out how the Australian Communications and Media Authority (ACMA) will allocate and issue spectrum licences for a set of unallocated frequency slices inside the 3.4 GHz band (called the \"3.4 GHz (unallocated lots) band\"). The allocation method is a simple clock auction, with a limited pre‑determined‑price option when a lot has only one interested applicant (clause 10; cross‑ref: allocation determination) .\n\n- The instrument defines the individual \"lots\" offered (Schedule 1). Each lot is tied to a named geographic region (Schedule 2) and a specific frequency range and bandwidth (Schedule 1, Table 1).\n\n- Successful bidders become licensees when they pay the applicable balance of the pre‑determined price or the winning price to ACMA (clause 15). Licences commence on issue and expire on 13 December 2030 (clause 16(1)–(2)).\n\n- Each spectrum licence must contain the statutory core conditions (what spectrum, authorised geographic area, and emission limits) and will include additional conditions such as payment of charges, third‑party use, registration of transmitters, and residency (clauses 17–19). A sample licence is provided at Schedule 5 (section 21).\n\n- The instrument prescribes technical and administrative obligations: registration rules and exemptions for low‑power or certain antennas (clause 20); emission limits outside a licence area (Schedule 3) and outside the licensed frequency band (Schedule 4); spurious emission limits (Schedule 4, cl.3); and compatibility/advisory guidelines for managing interference (clause 22).\n\n- It permits usual commercial behaviours: licensees may authorise third parties to operate under their licence (clause 25) and may trade (assign or deal with) whole or part licences in accordance with the Act and ACMA trading rules (clause 26).\n\n\nWho this affects and who pays\n\n- Prospective spectrum users and telecommunications firms who want exclusive or aggregated access to parts of the 3.4 GHz band in the listed regions (Schedules 1–2) are the primary audience. They pay to participate in the auction, and the winning bidder pays the licence price (clause 15). Licensees also pay any ongoing charges specified in the licence (clause 19(1)(a)).\n\n- Adjacent and frequency‑neighbouring licence holders are affected because the instrument sets emission limits and contemplates coordination agreements between affected licensees to manage interference (Schedules 3 and 4).\n\n\nWhy it matters (official purpose, then practical implications)\n\n- The instrument expressly exists to: describe auction procedures for these 3.4 GHz lots; identify which licences will be allocated; list matters licensees must take into account when operating devices under the licences; and provide information potential applicants should consider (clause 4).\n\n- Testing that claim against practical trade‑offs and implementation issues:\n  - Incentives and revenue: auctioning via a clock auction reveals demand and prices (clause 10), encouraging efficient allocation in theory. However, the pre‑determined‑price option for uncontested lots (clause 10(2)) reduces transaction cost but may result in lower Commonwealth receipts if demand was under‑revealed.\n  - Investment horizon and asset value: licences terminate on 13 December 2030 (clause 16). A fixed, relatively short term narrows the investment horizon for infrastructure deployed for these frequencies, affecting capital allocation and expected returns for bidders.\n  - Private choice and market structure: trading and third‑party use (clauses 25–26) preserve flexibility—licensees can assign or share rights—supporting secondary markets and commercial arrangements. That increases private contract freedom but licensing conditions and emission limits constrain technical deployments.\n  - Compliance and operational costs: technical emission limits (Schedules 3–4), registration requirements (clause 20), and measurement/engineering practices impose engineering and administrative compliance costs on licensees. Where adjacent licensees must enter written agreements to alter emission limits (Schedules 3–4), there is negotiation overhead and potential holdup risk.\n  - Administrative discretion and implementation risk: ACMA retains important administrative choices—setting auction timing (allocation determination), registering licences (clause 24), refusing registration where interference would be ‘‘unacceptable’’ (note under clause 20(1)), and including other licence conditions at its discretion (clause 19(2)). That discretion is necessary for spectrum management but creates regulatory uncertainty for bidders.\n  - Technical measurement and enforcement risk: the instrument uses technical metrics (EIRP, true mean power, occupied bandwidth, front‑to‑back antenna ratio) and measurement procedures (defined or referenced in the instrument). Enforcement depends on accurate measurements and engineering judgements; those impose both monitoring costs and potential disputes.\n\n\nConcrete statements about who decides, who pays and behaviour changes\n\n- Who decides: ACMA decides which lots to offer, publishes the applicant information package and advertises the auction (clauses 11–13), issues licences after payment (clause 15), registers licences (clause 24), and may set or vary licence conditions (clauses 17–19, note under clause 20(1)). The auction manager (per the allocation determination) sets round start times.\n\n- Who pays: auction participants pay application costs and, if successful, pay the winning price or the pre‑determined price (clause 15). Licensees pay any licence charges and administrative fees required under licence conditions (clause 19(1)(a)).\n\n- Behavior changes compelled by the instrument: firms will bid in the auction or seek uncontested allocation, plan deployments within the licence term, register transmitters (or qualify for the specified registration exemptions) and design networks to meet emission limits or negotiate written agreements with neighbours to change limits (Schedules 3–4). Licensees may trade licences or authorise third parties to operate under their licences (clauses 25–26).\n\n\nRisks, costs, and concentrated vs diffuse effects (mechanisms not labels)\n\n- Concentrated benefits: winning bidders obtain exclusive radio rights in a specified area and frequency; this is a concentrated, high‑value benefit.\n\n- Diffuse costs: adjacent operators, smaller incumbent users, and communities near transmitters bear the technical and administrative burden of managing interference, complying with registration and emission rules, and possibly negotiating agreements.\n\n- Opportunity costs: setting a fixed licence expiry (to 2030) and allowing pre‑determined pricing for uncontested lots reduces the time and price available to recoup network investments compared with a longer or indefinite term, which may shift bidders' strategies (e.g. favouring short‑term or low‑capex uses).\n\n- Rent‑seeking/capture risk: the instrument enables private trades and negotiation of emission limits; if a small number of incumbent licensees can influence ACMA conditions or block agreements, negotiation frictions could create hold‑out outcomes. The instrument itself does not prescribe outcomes; it provides the mechanism (Schedules 3–4; clauses 19–20).\n\n\nImplementation and compliance notes to prospective applicants\n\n- Technical compliance: applicants should budget for measurement, engineering and registration costs to meet emission and spurious‑emission limits (Schedules 3–4) and to obtain any certificates required for registration under subsection 145(3) of the Act (note under clause 20(1)).\n\n- Map and area verification: regions are defined by HCIS cells and the ASMG (Schedule 2); the instrument warns the pictorial map is indicative only and recommends independent verification (Schedule 2 note).\n\n- Administrative uncertainty: ACMA can vary licence conditions with licensee agreement (clause 17 note) and may refuse registration where interference would be unacceptable (note under clause 20(1)). Prospective bidders should factor regulatory discretion into commercial planning.\n\n\nKey legal references in the instrument: clauses 4 (purpose), 10 (auction method), 11 & Schedule 1 (lots), 16 (licence term), 17–19 (licence conditions), 20 (registration/exemptions), Schedules 3–4 (emission limits), 25–26 (third‑party use and trading), Schedule 2 (regions/HCIS)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: allocating specific unallocated spectrum lots in the 3.4 GHz band. While it includes detailed technical specifications and cross-references to related instruments, these are necessary to operationalise the auction and licence conditions rather than representing scope creep. The instrument does not expand beyond spectrum marketing into broader telecommunications policy."},"complexity_factors":["Heavy cross-referencing to at least 4 other legislative instruments (allocation determination, designation notice, advisory guidelines, and the parent Radiocommunications Act)","Technical definitions requiring engineering knowledge (EIRP, front-to-back ratio, true mean power, spurious vs non-spurious emissions)","Nested conditional logic in emission limits (different rules apply depending on frequency offset, whether agreements exist between licensees, and transmitter characteristics)","Dual-track allocation process (auction vs post-auction) with different commencement dates and conditions","Geographic complexity using the Hierarchical Cell Identifier Scheme (HCIS) with four levels of granularity (3-degree, 1-degree, 15-minute and 5-minute cells)","Mathematical formulas and tables for calculating emission limits across multiple frequency ranges and bandwidths"],"plain_english_summary":"This law creates an auction framework for 14 leftover 3.4 GHz spectrum lots across several Australian cities, letting ACMA sell 13‑year licences to telecoms either by competitive bidding or by set-price purchase if only one bidder applies. It also imposes technical limits on power and interference to protect neighbouring users. It matters because it allocates scarce mobile broadband “real estate,” affects carriers, regulators and local interference outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017","history":"/api/acts/radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017/history","analysis":"/api/acts/radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017/analysis","conflicts":"/api/acts/radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017/important-cases","documents":"/api/acts/radiocommunications-spectrum-marketing-plan-3-4-ghz-unallocated-lots-band-2017/documents"}}