{"id":"F2016L01969","name":"Radiocommunications Spectrum Marketing Plan (700 MHz unallocated lots band) 2016","slug":"radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95616,"registerId":"commonwealth-F2016L01969-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 (700 MHz unallocated lots band) 2016.\n\n#### 2 Commencement\n\n  This instrument commences immediately after the commencement of the Radiocommunications Spectrum Marketing Plan (700 MHz Band) Variation 2016 (No. 1).\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 3 Authority\n\n  This instrument is made under section 39A of the Act.\n\n#### 4 Purpose of the instrument\n\n  This instrument describes:\n    (a) the procedures for issuing spectrum licences in the 700 MHz (unallocated lots) band;\n    (b) the spectrum licences that will be allocated by the ACMA in accordance with this instrument;\n    (c) some of the matters a licensee must take into account when operating radiocommunications devices under a spectrum licence allocated in accordance with this instrument; and\n    (d) other matters which a person should take into account when deciding whether to apply for a spectrum licence under the allocation determination.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> 10 MHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 5 MHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 700 MHz band means the following spectrum, in the geographic areas specified in the re-allocation declaration:\n\n    (a) 703 MHz to 748 MHz; and\n    (b) 758 MHz to 803 MHz.\n\n> 700 MHz lower band means the frequency range 703 MHz to 748 MHz in the geographic areas specified in the re-allocation declaration.\n\n> 700 MHz (unallocated lots) band means the following spectrum, in the geographic areas specified in the re-allocation declaration:\n\n    (a) 733 MHz to 748 MHz; and\n    (b) 788 MHz to 803 MHz.\n\n> Note 1: The 700 MHz (unallocated lots) band is a subset of the 700 MHz band.\n\n> Note 2: In the residual 700 MHz spectrum direction, the 700 MHz (unallocated lots) band is referred to as the residual 700 MHz spectrum in the designated area.\n\n> 700 MHz upper band means the frequency range 758 MHz to 803 MHz in the geographic areas specified in the re-allocation declaration.\n\n> Act means the Radiocommunications Act 1992.\n\n> advisory guidelines means either, or both, of the following:\n\n    (a) Radiocommunications Advisory Guidelines (Managing Interference to Receivers – 700 MHz Band) 2012;\n    (b) Radiocommunications Advisory Guidelines (Managing Interference from Transmitters – 700 MHz Band) 2012.\n\n> Note: The advisory guidelines are registered on the Federal Register of Legislation.\n\n> affected area has the meaning given by paragraph (6)(b) of Part 1 of Schedule 4.\n\n> allocation determination means the Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016.\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, as existing from time to time.\n\n> balance of the upfront pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> balance of the upfront winning price has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed pre-determined price bank guarantee has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed winning price has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed winning price bank guarantee has the meaning given by subsection 4(1) of the allocation determination.\n\n> first auction instalment has the meaning given by subsection 4(1) of the allocation determination.\n\n> first instalment has the meaning given by subsection 4(1) 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> harmful interference means interference that:\n\n    (a) endangers the functioning of a radio-navigation service or other safety services; or\n    (b) seriously degrades, obstructs or repeatedly interrupts a radiocommunications service.\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> horizontally radiated power, for a radiocommunications device, means the sum of:\n\n    (a) the maximum true mean power, in dBm, per specified rectangular bandwidth at the antenna connector that is located within the frequency band of the licence authorising the operation of the radiocommunications device; and\n    (b) the antenna gain relative to an isotropic antenna in a specified direction in the horizontal plane containing the phase centre of the antenna used with the device, in dBi.\n\n> in-band means:\n\n    (a) for a radiocommunications transmitter or radiocommunications receiver operated under a spectrum licence – the frequencies within the frequency band to which the licence relates;\n    (b) for a radiocommunications transmitter or radiocommunications receiver operated under an apparatus licence – the frequencies within the lower frequency limit and the upper frequency limit of that licence.\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> Note: See also subsection 11(1) of this instrument and subsection 8(4) of the residual 700 MHz spectrum direction.\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> 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> pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> re-allocation means the re-allocation of spectrum by the issue of spectrum licences in accordance with the re-allocation declaration.\n\n> re-allocation declaration means the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011.\n\n> region: see subsection 11(2).\n\n> residual 700 MHz spectrum direction means the Radiocommunications (Spectrum Licence Allocation–Residual 700 MHz Spectrum) Direction 2016.\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> transmitter site means the site from which a transmitter is authorised to operate under the relevant apparatus licence.\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> 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) Register;\n    (g) spectrum licence.\n\n#### 6 References to other legislative instruments, 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 (700 MHz unallocated lots band) 2016.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences immediately after the commencement of the Radiocommunications Spectrum Marketing Plan (700 MHz Band) Variation 2016 (No. 1).\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 39A of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Purpose of the instrument","content":"#### 4 Purpose of the instrument\n\n  This instrument describes:\n    (a) the procedures for issuing spectrum licences in the 700 MHz (unallocated lots) band;\n    (b) the spectrum licences that will be allocated by the ACMA in accordance with this instrument;\n    (c) some of the matters a licensee must take into account when operating radiocommunications devices under a spectrum licence allocated in accordance with this instrument; and\n    (d) other matters which a person should take into account when deciding whether to apply for a spectrum licence under the allocation determination.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> 10 MHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 5 MHz lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> 700 MHz band means the following spectrum, in the geographic areas specified in the re-allocation declaration:\n\n    (a) 703 MHz to 748 MHz; and\n    (b) 758 MHz to 803 MHz.\n\n> 700 MHz lower band means the frequency range 703 MHz to 748 MHz in the geographic areas specified in the re-allocation declaration.\n\n> 700 MHz (unallocated lots) band means the following spectrum, in the geographic areas specified in the re-allocation declaration:\n\n    (a) 733 MHz to 748 MHz; and\n    (b) 788 MHz to 803 MHz.\n\n> Note 1: The 700 MHz (unallocated lots) band is a subset of the 700 MHz band.\n\n> Note 2: In the residual 700 MHz spectrum direction, the 700 MHz (unallocated lots) band is referred to as the residual 700 MHz spectrum in the designated area.\n\n> 700 MHz upper band means the frequency range 758 MHz to 803 MHz in the geographic areas specified in the re-allocation declaration.\n\n> Act means the Radiocommunications Act 1992.\n\n> advisory guidelines means either, or both, of the following:\n\n    (a) Radiocommunications Advisory Guidelines (Managing Interference to Receivers – 700 MHz Band) 2012;\n    (b) Radiocommunications Advisory Guidelines (Managing Interference from Transmitters – 700 MHz Band) 2012.\n\n> Note: The advisory guidelines are registered on the Federal Register of Legislation.\n\n> affected area has the meaning given by paragraph (6)(b) of Part 1 of Schedule 4.\n\n> allocation determination means the Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016.\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, as existing from time to time.\n\n> balance of the upfront pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> balance of the upfront winning price has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed pre-determined price bank guarantee has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed winning price has the meaning given by subsection 4(1) of the allocation determination.\n\n> delayed winning price bank guarantee has the meaning given by subsection 4(1) of the allocation determination.\n\n> first auction instalment has the meaning given by subsection 4(1) of the allocation determination.\n\n> first instalment has the meaning given by subsection 4(1) 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> harmful interference means interference that:\n\n    (a) endangers the functioning of a radio-navigation service or other safety services; or\n    (b) seriously degrades, obstructs or repeatedly interrupts a radiocommunications service.\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> horizontally radiated power, for a radiocommunications device, means the sum of:\n\n    (a) the maximum true mean power, in dBm, per specified rectangular bandwidth at the antenna connector that is located within the frequency band of the licence authorising the operation of the radiocommunications device; and\n    (b) the antenna gain relative to an isotropic antenna in a specified direction in the horizontal plane containing the phase centre of the antenna used with the device, in dBi.\n\n> in-band means:\n\n    (a) for a radiocommunications transmitter or radiocommunications receiver operated under a spectrum licence – the frequencies within the frequency band to which the licence relates;\n    (b) for a radiocommunications transmitter or radiocommunications receiver operated under an apparatus licence – the frequencies within the lower frequency limit and the upper frequency limit of that licence.\n\n> licence schedule means a schedule to the sample spectrum licence.\n\n> lot has the meaning given by subsection 4(1) of the allocation determination.\n\n> Note: See also subsection 11(1) of this instrument and subsection 8(4) of the residual 700 MHz spectrum direction.\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> 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> pre-determined price has the meaning given by subsection 4(1) of the allocation determination.\n\n> re-allocation means the re-allocation of spectrum by the issue of spectrum licences in accordance with the re-allocation declaration.\n\n> re-allocation declaration means the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011.\n\n> region: see subsection 11(2).\n\n> residual 700 MHz spectrum direction means the Radiocommunications (Spectrum Licence Allocation–Residual 700 MHz Spectrum) Direction 2016.\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> transmitter site means the site from which a transmitter is authorised to operate under the relevant apparatus licence.\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> 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) Register;\n    (g) spectrum licence.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other legislative instruments, other instruments or writing","content":"#### 6 References to other legislative instruments, 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 700 MHz (unallocated lots) band.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Parts of the spectrum","content":"#### 9 Parts of the spectrum\n\n  The ACMA will allocate and issue spectrum licences for spectrum in the 700 MHz (unallocated lots) band in the manner described in this instrument and the allocation determination.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"How licences will be allocated","content":"#### 10 How licences will be allocated\n\n  (1) Spectrum licences for spectrum in the 700 MHz (unallocated lots) band will be allocated by simple clock auction in accordance with the procedures set out in the allocation determination.\n\n> Note: Neither the ACMA nor the Commonwealth accepts any liability for any loss or damage suffered by any person participating in the auction. Any person intending to participate in the auction should obtain independent legal, technical and financial advice before applying.\n\n  (2) If, before the auction manager sets the start date and time for the first and second rounds of the auction, the ACMA considers that it may be able to allocate spectrum licences for lots without having to conduct an auction to identify the person willing to make the highest value payment for the allocation of a spectrum licence represented by those 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\n> Note: See also subsection 8(6) of the residual 700 MHz spectrum direction.","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 700 MHz (unallocated lots) band into the 10 MHz lot and the 5 MHz lot. Each lot is characterised by:\n    (a) the frequencies set out in columns 3 and 4 of Table 1 in Schedule 1; and\n    (b) the bandwidth specified in column 5 of Table 1 in Schedule 1.\n\n> Note: The lots are also specified in Part 2 of Schedule 2 to the allocation determination. See also subsection 8(4) of the residual 700 MHz spectrum direction.\n\n  (2) The region for each lot is known as the National Region and is the area described by the HCIS identifiers specified in item 3 of Schedule 2.\n  (3) The auction will be held in accordance with the procedures set out in the allocation determination. Both lots will be available for allocation at the auction.","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 27(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, 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 upfront pre-determined price;\n    (b) the first instalment;\n    (c) the balance of the upfront winning price;\n    (d) the first auction instalment.\n\n> Note 1: If a spectrum licence is allocated to a person for a pre-determined price, the person has a choice whether to pay the pre-determined price upfront, or in instalments.\n\n> Note 2: If a spectrum licence is allocated to a person as a result of an auction, the person has a choice whether to pay the winning price upfront, or in instalments.\n\n  (2) If the first instalment is relevant, the person must also provide to the ACMA the delayed pre-determined price bank guarantee before the person is entitled to be issued the licence.\n\n> Note: The delayed pre-determined price bank guarantee secures part of the payment of other instalments.\n\n  (3) If the first auction instalment is relevant, the person must also provide to the ACMA the delayed winning price bank guarantee before the person is entitled to be issued the licence.\n\n> Note: The delayed winning price bank guarantee secures part of the payment of other instalments.\n\n  (4) If a spectrum licence is issued to a person after the first instalment, or the first auction instalment, is paid, that instalment and any subsequent instalment is not refundable in any circumstances.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Commencement and duration of licences","content":"#### 16 Commencement and duration of licences\n\n  A licence issued to a person who has been allocated the licence as a result of the auction or for a pre-determined price will commence on 1 April 2018 and, subject to the Act, will be for a fixed term with an expiry date of 31 December 2029.\n\n> Note 1: In accordance with the Act, a licence may be resumed or cancelled before the expiry date.\n\n> Note 2: See subsection 8(7) of the residual 700 MHz spectrum direction.","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 or for a pre-determined price:\n    (a) the licence will be for the frequencies, or the aggregation of the frequencies, represented by the lots:\n    (i) for which the person is the winning bidder, in accordance with the allocation determination; or\n    (ii) for which the person is willing to make the highest value payment for the spectrum represented by those lots, as identified by the ACMA in accordance with subsection 41(1) of the allocation determination;\n    (b) the geographic area of the licence will be the region.\n\n> Note: The region is set out in Schedule 2. It corresponds with the National Area, as defined in subsection 4(2) of the re-allocation declaration, which excludes the Mid West Radio Quiet Zone, as defined in section 3 of the re-allocation declaration.\n\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) If:\n    (a) a spectrum licence is issued for a pre-determined price; and\n    (b) the applicant accepted the offer of the spectrum licence and agreed to pay the delayed pre-determined price for the spectrum licence in accordance with section 46 of the allocation determination;\n  the spectrum licence will include a condition that requires the licensee to give the ACMA the delayed pre-determined price bank guarantee.\n\n> Note: The sample spectrum licence includes a version of this condition.\n\n  (3) If:\n    (a) a spectrum licence is issued as a result of an auction; and\n    (b) the winning bidder notified the ACMA that it elected to pay the delayed winning price in accordance with subsection 75(3) of the allocation determination;\n  the spectrum licence will include a condition that requires the licensee to give the ACMA the delayed winning price bank guarantee.\n\n> Note: The sample spectrum licence includes a version of this condition.\n\n  (4) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit.\n  (5) 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.","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 – 700 MHz Band) Determination 2012 sets out what are the unacceptable levels of interference for the purpose of registering devices to be operated under a licence issued in accordance with this instrument, and is to be used for the issue of certificates by accredited persons under subsection 145(3) of the Act.\n\n  (2) Transmitters that are part of a group of transmitters may be registered individually or as a group.\n  (3) The ACMA does not propose to register a transmitter that operates in the 700 MHz lower band with a maximum radiated true mean power of 23 dBm or less per occupied bandwidth, or in the 700 MHz upper band with a maximum radiated true mean power of 30 dBm or less per occupied bandwidth.","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 700 MHz (unallocated lots) band.\n\n> Note: The sample spectrum licence may not reflect all the conditions included in a spectrum licence issued in accordance with the instrument.","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Compatibility requirements","content":"#### 22 Compatibility requirements\n\n  The advisory guidelines provide a means of coordinating services operating under spectrum licences with other services.","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 23 Simplified outline of this Part\n\nThis Part describes various matters that apply after licences are issued in accordance with this instrument.","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Registration of licences","content":"#### 24 Registration of licences\n\n  The ACMA will register all spectrum licences in accordance with Part 3.5 of the Act.\n\n> Note: Details about registration are in the Radiocommunications (Register of Radiocommunications Licences) Determination 1997.","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) paragraph 3 of Part 2 of Schedule 3 (about emission limits outside the geographic area of the licence); or\n    (b) paragraph 3 of Part 2 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 subsection 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   | Lower frequency range | Upper frequency range | Bandwidth |\n| 1          | 10 MHz lot | 738 MHz – 748 MHz     | 793 MHz – 803 MHz     | 10 MHz    |\n| 2          | 5 MHz lot  | 733 MHz – 738 MHz     | 788 MHz – 793 MHz     | 5 MHz     |\n\n> Note 1: 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.\n\n> Note 2: The bandwidth in column 5 refers to each part of a frequency pair. That is, the bandwidth refers to the size of each of the lower frequency range and the upper frequency range for a lot. The 10 MHz lot has a bandwidth of 10 MHz in the lower frequency range and 10 MHz in the upper frequency range, with a duplex separation of 55 MHz. The 5 MHz lot has a bandwidth of 5 MHz in the lower frequency range and 5 MHz in the upper frequency range, with a duplex separation of 55 MHz.\n\n> Note 3: See also the residual 700 MHz spectrum direction.","sortOrder":31},{"sectionNumber":"Schedule 2","sectionType":"section","heading":"Region","content":"#### Schedule 2—Region\n\n(subsection 11(2))","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":36},{"sectionNumber":"Part 2","sectionType":"section","heading":"Other emission limits","content":"#### Part 2—Other emission limits\n\n  (1) This Part applies in those parts of the spectrum for which there is an agreement in force for the purposes of paragraph (3) of this Part 2.\n  (2) For this Part, the maximum permitted level of radio emission is to be determined with a level of confidence not less than 95 percent that the true level of emission will always remain below the requirement specified.\n  (3) Where a written agreement exists between:\n    (a) the licensee; and\n    (b) all the affected licensees of frequency-adjacent and area-adjacent spectrum licences;\n  specifying the maximum permitted level of radio emission, the licensee must comply with that specified maximum permitted level of radio emission.\n  (4) For the purposes of paragraph (3), the specified maximum permitted level of radio emission cannot exceed the base emission limits set out in Part 1 of this Schedule.","sortOrder":38},{"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":39},{"sectionNumber":"Table 1 Non spurious emission limits at ","sectionType":"section","heading":"Table 1 Non spurious emission limits at frequencies outside the band","content":"#### Table 1 Non spurious emission limits at frequencies outside the band\n\n| Column 1                  | Column 2                                   | Column 3  |\n| ------------------------- | ------------------------------------------ | --------- |\n| Frequency offset(foffset) | Radiated maximum true mean power(dBm EIRP) | Bandwidth |\n| 0 Hz ≤ foffset < 1 MHz    | -15                                        | 30 kHz    |\n| 1 MHz ≤ foffset < 5 MHz   | -10                                        | 1 MHz     |\n| 5 MHz ≤ foffset < 20 MHz  | -13                                        | 1 MHz     |\n| foffset ≥ 20 MHz          | -25                                        | 1 MHz     |\n\n  (4) The non spurious emission limits in Table 2 apply:\n    (a) to a radiocommunications transmitter operating in the band 758 MHz to 803 MHz; and\n    (b) at frequencies outside of the licence frequency band; and\n    (c) within the band 748 MHz to 806 MHz; and\n    (d) offset from the upper and lower limits of the licence frequency band;\n  where:\n\nfoffset is the frequency offset from the upper or lower frequency limits set out in Part 2 of Licence Schedule 1 of a spectrum licence allocated in accordance with this instrument.","sortOrder":40},{"sectionNumber":"Table 2 Non spurious emission limits at ","sectionType":"section","heading":"Table 2 Non spurious emission limits at frequencies outside the band","content":"#### Table 2 Non spurious emission limits at frequencies outside the band\n\n| Column 1                  | Column 2                                   | Column 3  |\n| ------------------------- | ------------------------------------------ | --------- |\n| Frequency offset(foffset) | Radiated maximum true mean power(dBm EIRP) | Bandwidth |\n| 0 Hz ≤ foffset < 5 MHz    | 15                                         | 1 MHz     |\n| 5 MHz ≤ foffset < 10 MHz  | 11                                         | 1 MHz     |\n| foffset ≥ 10 MHz          | 9                                          | 1 MHz     |\n\n  (5) The non spurious emission limits in Table 3 apply to a radiocommunications transmitter operating in the band 758 MHz to 803 MHz, where:\n\nf is the range of frequencies at which the limit applies.","sortOrder":41},{"sectionNumber":"Table 3 Non spurious emission limits at ","sectionType":"section","heading":"Table 3 Non spurious emission limits at frequencies outside the band","content":"#### Table 3 Non spurious emission limits at frequencies outside the band\n\n| Column 1              | Column 2                                   | Column 3  |\n| --------------------- | ------------------------------------------ | --------- |\n| Frequency range(f)    | Radiated maximum true mean power(dBm EIRP) | Bandwidth |\n| f < 748 MHz           | -15                                        | 1 MHz     |\n| 806 MHz ≤ f < 813 MHz | -6                                         | 1 MHz     |\n| 813 MHz ≤ f           | 15                                         | 1 MHz     |\n\n  (6) The non spurious emission limits in Table 4 apply:\n    (a) to a radiocommunications transmitter operating in the band 703 MHz to 738 MHz; and\n    (b) within an area referred to in paragraph 3.2(1)(a) of Part 3 of the Radiocommunications Advisory Guidelines (Managing Interference from Transmitters – 700 MHz Band) 2012 (affected area);\n\nwhere f is the range of frequencies at which the limit applies.","sortOrder":42},{"sectionNumber":"Table 4 Non spurious emission limits at ","sectionType":"section","heading":"Table 4 Non spurious emission limits at frequencies outside the band","content":"#### Table 4 Non spurious emission limits at frequencies outside the band\n\n| Column 1           | Column 2                                                                                        | Column 3  |\n| ------------------ | ----------------------------------------------------------------------------------------------- | --------- |\n| Frequency range(f) | Radiated maximum true mean power (averaged over a 7 MHz television channel bandwidth)(dBm EIRP) | Bandwidth |\n| f < 694 MHz        | -40                                                                                             | 1 MHz     |\n\n  (7) The non spurious emission limits in Table 5 apply:\n    (a) to a radiocommunications transmitter operating in the band 703 MHz to 738 MHz; and\n    (b) outside the affected areas;\n\nwhere f is the range of frequencies at which the limit applies.","sortOrder":43},{"sectionNumber":"Table 5 Non spurious emission limits at ","sectionType":"section","heading":"Table 5 Non spurious emission limits at frequencies outside the band","content":"#### Table 5 Non spurious emission limits at frequencies outside the band\n\n| Column 1              | Column 2                                                                                        | Column 3  |\n| --------------------- | ----------------------------------------------------------------------------------------------- | --------- |\n| Frequency range(f)    | Radiated maximum true mean power (averaged over a 7 MHz television channel bandwidth)(dBm EIRP) | Bandwidth |\n| f < 673 MHz           | -40                                                                                             | 1 MHz     |\n| 673 MHz ≤ f < 694 MHz | -34                                                                                             | 1 MHz     |\n\n  Spurious emission\n  (8) The licensee must ensure that radiocommunications devices operated under the licence do not exceed the spurious emission limits in paragraphs (9) and (10).\n  (9) The spurious emission limits in Table 6 apply to radiocommunications transmitters operated under the licence at frequencies outside the 703 MHz to 748 MH and 758 MHz to 803 MHz frequency bands.","sortOrder":44},{"sectionNumber":"Table 6 Radiocommunications transmitter ","sectionType":"section","heading":"Table 6 Radiocommunications transmitter spurious emission limits","content":"#### Table 6 Radiocommunications transmitter spurious emission limits\n\n| Column 1              | Column 2                      | Column 3  |\n| --------------------- | ----------------------------- | --------- |\n| Frequency(f)          | Radiated mean power(dBm EIRP) | Bandwidth |\n| 9 kHz ≤ f < 150 kHz   | -36                           | 1 kHz     |\n| 150 kHz ≤ f < 30 MHz  | -36                           | 10 kHz    |\n| 30 MHz ≤ f < 1 GHz    | -36                           | 100 kHz   |\n| 1 GHz ≤ f < 12.75 GHz | -30                           | 1 MHz     |\n\n  (10) The spurious emission limits in Table 7 apply to radiocommunications receivers operated under the licence at frequencies outside the 703 MHz to 748 MH and 758 MHz to 803 MHz frequency bands.","sortOrder":45},{"sectionNumber":"Table 7 Radiocommunications transmitter ","sectionType":"section","heading":"Table 7 Radiocommunications transmitter spurious emission limits","content":"#### Table 7 Radiocommunications transmitter spurious emission limits\n\n| Column 1              | Column 2                      | Column 3  |\n| --------------------- | ----------------------------- | --------- |\n| Frequency(f)          | Radiated mean power(dBm EIRP) | Bandwidth |\n| 30 MHz ≤ f < 1 GHz    | -57                           | 100 kHz   |\n| 1 GHz ≤ f < 12.75 GHz | -47                           | 1 MHz     |","sortOrder":46},{"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 700 MHz (unallocated lots) band, in accordance with this instrument.\n\n![](image.003.png)\n\nCOMMONWEALTH OF AUSTRALIA\n\nAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY\n\nRadiocommunications Act 1992\n\nSample Spectrum Licence for the 700 MHz (unallocated lots) Band\n\nPrepared under section 61 of the Radiocommunications Act 1992 (‘the Act’) in accordance with the\n\n  Radiocommunications Spectrum Marketing Plan (700 MHz (Unallocated Lots) Band) 2016","sortOrder":48}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument appears tightly scoped to its original purpose. It is a specific marketing plan for residual 700 MHz spectrum, created as a follow-up to the main 700 MHz band reallocation. The instrument does not appear to have expanded beyond its intended purpose of auctioning unallocated lots in this specific frequency range."},"complexity_factors":["Heavy cross-referencing to at least 5 other legislative instruments (allocation determination, re-allocation declaration, residual spectrum direction, advisory guidelines, and the parent Act)","47+ defined terms in section 5, many of which point to definitions in other instruments rather than being self-contained","Technical complexity: requires understanding of radio engineering concepts (EIRP, dBm, spurious emissions, duplex separation, HCIS grid references)","Nested conditional logic for payment structures — different rules for pre-determined price vs auction winners, upfront vs instalment payments, with associated bank guarantee requirements","Multiple overlapping frequency ranges with subtle distinctions (700 MHz band vs 700 MHz lower/upper band vs 700 MHz unallocated lots band)","Five separate tables of emission limits in Schedule 4 with different thresholds applying based on frequency offset, geographic area (affected vs non-affected), and whether emissions are spurious or non-spurious","Incorporation of external technical documents by reference (Australian Spectrum Map Grid 2012) that 'float' with updates over time"],"plain_english_summary":"This law establishes the rules for selling leftover 700 MHz spectrum in Australia via a government-run auction, setting eligibility, auction mechanics, licence areas, and limits to prevent harmful interference. It governs transfer and use of remaining airwaves from the 2013 TV retune.\n\nIt mainly affects mobile network operators seeking more capacity, the ACMA as regulator, and existing spectrum users who need interference protection — important because 700 MHz is high-value for wide‑area and in‑building 4G/5G coverage."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument remains narrowly focused on allocating and regulating the specific unallocated lots within the 700 MHz band: it defines the lots, the National Region, the auction and payment mechanics, licence term and core/technical conditions, and related administrative procedures. It cross‑references and complements the broader allocation determination and residual 700 MHz spectrum direction but does not materially expand the substantive scope beyond those allocation and technical objectives set out in the re‑allocation declaration and related instruments."},"complexity_factors":["Extensive defined terms in section 5, many cross‑referencing the separate allocation determination","Multiple cross‑references to other legislative instruments and directions (allocation determination; residual 700 MHz spectrum direction; Radiocommunications Act)","Two lots with paired frequency ranges and duplex separation described (Schedule 1) and a single large National Region described by a long list of HCIS identifiers (Schedule 2)","Detailed technical emission limits across several conditional tables (Schedules 3 and 4) with multiple frequency offsets, bandwidths, and separate rules for spurious emissions","Conditional logic allowing written agreements to alter emission limits subject to ceilings (Schedule 3 Part 2; Schedule 4 Part 2)","Payment and security rules with options (upfront vs instalments) and bank guarantees, including non‑refundability of instalments (section 15)","Interactions between auction procedure (simple clock auction) and ACMA discretion to offer pre‑determined prices before auction rounds (section 10)","Measurement and confidence requirements (95% confidence) for emission compliance, requiring technical measurement protocols","Sample licence and ACMA’s discretionary power to include additional conditions (section 21; section 71 of the Act referenced)","References to other detailed instruments (trading rules, unacceptable interference determination, advisory guidelines) that materially affect operation and compliance"],"plain_english_summary":"**What this instrument does, mechanically**\n\n- This is a marketing plan made under the Radiocommunications Act 1992 that sets out how the Australian Communications and Media Authority (ACMA) will allocate and regulate spectrum in the 700 MHz (unallocated lots) band. (see sections 3–5, 8)\n\n- It divides the remaining unallocated parts of the 700 MHz band into two tradable \"lots\": a 10 MHz lot and a 5 MHz lot, each defined by paired lower and upper frequency ranges. (section 11; Schedule 1)\n\n- The ACMA will allocate these lots primarily by a simple clock auction (a timed ascending price auction). Before the auction starts, the ACMA may instead offer licences at specified pre-determined prices if it considers an auction unnecessary. (section 10)\n\n- Successful applicants become licensees once they pay the required amount to the ACMA. They may pay the full price up front, or pay in instalments subject to providing bank guarantees for deferred payments. Instalments paid are non-refundable. (section 15)\n\n- Licences issued under this instrument: start on 1 April 2018 and expire on 31 December 2029, unless lawfully resumed or cancelled earlier. (section 16)\n\n- Each spectrum licence must include the Act’s core licence conditions (which define the authorised spectrum, geographic area, and limits on emissions outside those bounds), and may include other conditions such as payment, third‑party use, transmitter registration and residency rules. (sections 17–19)\n\n- The geographic area for all the lots is the single National Region, described by HCIS identifiers using the Australian Spectrum Map Grid (ASMG). A long list of HCIS identifiers and a pictorial map identify that National Region. (section 11(2); Schedule 2)\n\n- The instrument specifies technical emission limits (power and out‑of‑band emission limits) that licensees must meet. These include a base emission limit outside the licensed area (47 dBm EIRP per 30 kHz with a 95% confidence requirement) and detailed out‑of‑band and spurious emission tables that vary by offset, frequency band, and area (Schedules 3 and 4). Agreements with adjacent licensees can set alternative emission limits, but they cannot exceed the base limits. (section 18; Schedules 3–4; section 27)\n\n- The licence will require transmitters to be registered under Part 3.5 of the Act before operation, and the ACMA indicates it does not propose to register very low power transmitters below specified thresholds in the lower and upper 700 MHz ranges. (section 20)\n\n- The instrument provides a sample licence and notes the ACMA may include additional licence conditions when issuing actual licences. It also confirms that licences may be traded or assigned under the Act and the ACMA’s trading rules. (section 21; Schedule 5; section 26)\n\n\n**Who this affects and who pays / decides**\n\n- Who pays: winning bidders/licensees pay the winning or pre‑determined price (upfront or in instalments) and may need to supply bank guarantees for deferred payments. (section 15)\n\n- Who decides: the ACMA runs the allocation process, sets auction dates, may offer pre‑determined prices instead of an auction, sets licence conditions, and registers transmitters (subject to rules in the Act). (sections 10, 15, 20)\n\n- Who is affected: any entity intending to operate mobile or other radiocommunications services in the 700 MHz unallocated lots band; adjacent spectrum licensees and apparatus licence holders who may be affected by emission limits; and secondary‑market participants (because licences can be traded). (sections 11, 17–19, 26)\n\n\n**Why it matters (official purpose and mechanical test of effects)**\n\n- Official purpose stated: to describe how licences for the 700 MHz (unallocated lots) band will be allocated, what licences will be issued, technical matters licensees must consider, and other matters to help decide whether to apply. (section 4)\n\n- Practical effects and trade‑offs to note:\n  - Allocation mechanism concentrates the primary economic benefit (access to valuable low‑frequency spectrum) in successful bidders who can pay the price or provide guarantees. The instrument gives ACMA discretion to allocate by auction or offer pre‑determined prices (section 10), which shapes who can reasonably obtain licences.\n  - The financial structure (choice of upfront payment or instalments plus required bank guarantees) imposes liquidity and credit requirements on participants and secures deferred Commonwealth receipts (section 15). Instalments are non‑refundable (section 15(4)).\n  - Detailed emission limits and a 95% confidence measurement requirement (Schedules 3–4) create technical compliance obligations and measurement/engineering costs for licensees. These rules also allow licence‑holders to enter written agreements with adjacent licensees to set alternative emission limits, but only within the base limit ceiling (Schedule 3 Part 2; Schedule 4 Part 2). That creates contractual flexibility between spectrum holders but retains a regulatory backstop.\n  - Registration of transmitters is mandatory before operation (section 20). The ACMA’s stated approach to not register very low power transmitters (a stated proposal) may affect deployment choices for small cells or low‑power equipment; the wording is advisory (a proposal) rather than an absolute ban, but could affect expectations (section 20(3)).\n  - Licences are tradable under rules in the Act, supporting secondary markets and transferability of spectrum rights, subject to ACMA rules (section 26).\n\n\n**Costs, incentives, implementation risk and compliance burden (mechanism‑focused)**\n\n- Direct costs to participants: auction prices or pre‑determined prices; bank guarantee fees; legal/technical/financial advice to prepare bids and meet emission/registration requirements (section 10 note; section 15).\n\n- Compliance burdens: transmitter registration; measuring and certifying emissions to meet detailed technical tables and the 95% confidence requirement; maintaining documentation of agreements with adjacent licensees if emission limits differ (sections 20, Schedules 3–4, section 27).\n\n- Implementation and enforcement risks: accuracy and interpretation of HCIS mapping (Schedule 2), measurement methodology for \"true mean power\" and occupied bandwidth (definitions in section 5 and notes), enforcement of bank guarantees, and potential disputes about whether a licensee’s emissions meet the confidence level requirement in the schedules.\n\n- Incentives created: bidders with greater capital/credit capacity are advantaged (ability to pay upfront or secure guarantees); licensees are incentivised to negotiate agreements with adjacent licensees to relax or refine emission limits within the allowed ceiling (Schedule 3 Part 2; section 27).\n\n\n**Effects on private enterprise, competition and market dynamics**\n\n- Access to national 700 MHz lots through auction or pre‑determined offers creates concentrated private benefits for successful bidders; competition at auction determines price unless ACMA elects a pre‑determined price (section 10).\n\n- Tradability of licences (section 26) supports a secondary market that can reallocate spectrum after initial assignment, which may improve allocative efficiency over time.\n\n- Technical constraints (emission limits, registration requirements) restrict the design and deployment choices of operators, potentially affecting network topology, equipment selection and unit economics, particularly for higher‑power base stations (Schedules 3–4; section 20).\n\n\n**Concrete mechanisms where concentrated benefits or special access could arise**\n\n- The ACMA’s discretion to offer pre‑determined prices in place of an auction (section 10(2)) means allocation need not always be determined by open bidding; the mechanical effect is that licences can be allocated by negotiation/offer in circumstances the ACMA deems appropriate. That concentrates the allocation decision in ACMA’s hands and may affect who obtains access, depending on how the ACMA exercises that discretion.\n\n\n**Key legal hooks and cross‑references you will need to check if you act on this instrument**\n\n- The allocation determination (Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016) is heavily cross‑referenced for auction rules, payment definitions, and applicant processes (see many defined terms and sections 6, 10, 11, 13, 15).\n\n- The residual 700 MHz spectrum direction is referenced for interpretation of the unallocated lots band and other procedural links (definitions and notes in sections 5 and 11; notes to Schedule 1).\n\n- The Radiocommunications Act 1992 supplies definitions and the statutory framework for core conditions, registration, trading and ACMA powers (see sections 17–20 and the definitions notes in section 5).\n\n\n**Where the instrument stakes out choice and where you should be cautious**\n\n- Choice points for bidders: whether to bid at auction or accept a pre‑determined offer (section 10); whether to pay upfront or in instalments (section 15); whether to negotiate emission agreements with adjacent licensees (Schedule 3 Part 2; section 27).\n\n- Cautions: the technical limits use precise power, bandwidth and measurement concepts (\"true mean power\", occupied bandwidth, 95% confidence tests) that will require engineering assessment. The ACMA’s statements about registration policy and its ability to vary licence conditions mean prospective applicants should confirm the final licence text before relying on operational plans (section 20; section 21 notes).\n\n\n**Primary statutory citations used in this summary**: sections 3–5, 8–11, 13, 15–20, 21, 24–29; Schedules 1–5 (particularly Schedules 2–4).\n\n\n(End of summary.)"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016","history":"/api/acts/radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016/history","analysis":"/api/acts/radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016/analysis","conflicts":"/api/acts/radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016/important-cases","documents":"/api/acts/radiocommunications-spectrum-marketing-plan-700-mhz-unallocated-lots-band-2016/documents"}}