{"id":"F2022L00983","name":"Radiocommunications (Spectrum Re-allocation – 3.4 GHz and 3.7 GHz Bands) Declaration 2022","slug":"radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102532,"registerId":"commonwealth-F2022L00983-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Re-allocation – 3.4 GHz and 3.7 GHz Bands) Declaration 2022.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 153B(1) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> Act means the Radiocommunications Act 1992.\n\n> Hierarchical Cell Identification Scheme means the Hierarchical Cell Identification Scheme used as a part of the Australian Spectrum Map Grid 2012 document published by the ACMA on its website, as the document existed at the time this instrument commenced.\n\n> Note: The Australian Spectrum Map Grid 2012 can be accessed, free of charge, from the ACMA’s website at [www.acma.gov.au](http://www.acma.gov.au).\n\n> named area: see Schedule 1.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n> Note: (a) ACMA;\n\n> Note: (b) re-allocation deadline;\n\n> Note: (c) re-allocation period;\n\n> Note: (d) spectrum;\n\n> Note: (e) spectrum licence;\n\n> Note: (f) spectrum re-allocation declaration.\n\n> Note 2: See also section 6 in relation to the re-allocation deadline and the re-allocation period.\n\n  (2) In this instrument, a reference to a part of the spectrum includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This means the lower number in the reference to a part of the spectrum is not included in the part of the spectrum.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"References to other instruments","content":"#### 5 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, 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> Note 3: See section 314A of the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Re-allocation period and re-allocation deadline","content":"#### 6 Re-allocation period and re-allocation deadline\n\n  For this spectrum re-allocation declaration:\n    (a) the re-allocation period is the period of 5 years beginning at the start of the day after this instrument commences; and\n    (b) the re-allocation deadline is the end of the re-allocation period.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Spectrum re-allocation","content":"#### 7 Spectrum re-allocation\n\n  (1) The part of the spectrum from 3400 MHz to 3425 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Albury;\n    (ii) Cairns;\n    (iii) Hobart;\n    (iv) Launceston;\n    (v) Quirindi west;\n    (vi) Rockhampton;\n    (vii) Rural Australia;\n    (viii) Townsville.\n  (2) The part of the spectrum from 3425 MHz to 3442.5 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Quirindi west;\n    (ii) Rural Australia.\n  (3) The part of the spectrum from 3475 MHz to 3492.5 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Quirindi east;\n    (ii) Quirindi west;\n    (iii) Regional New South Wales north;\n    (iv) Regional New South Wales south;\n    (v) Regional Queensland;\n    (vi) Regional South Australia;\n    (vii) Regional Victoria;\n    (viii) Regional Western Australia central;\n    (ix) Regional Western Australia south;\n    (x) Rural Australia.\n  (4) The part of the spectrum from 3492.5 MHz to 3510 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Albury;\n    (ii) Cairns;\n    (iii) Hobart;\n    (iv) Launceston;\n    (v) Quirindi east;\n    (vi) Quirindi west;\n    (vii) Regional New South Wales north;\n    (viii) Regional New South Wales south;\n    (ix) Regional Queensland;\n    (x) Regional South Australia;\n    (xi) Regional Victoria;\n    (xii) Regional Western Australia central;\n    (xiii) Regional Western Australia south;\n    (xiv) Rockhampton;\n    (xv) Rural Australia;\n    (xvi) Townsville.\n  (5) The part of the spectrum from 3510 MHz to 3542.5 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Albury;\n    (ii) Cairns;\n    (iii) Hobart;\n    (iv) Launceston;\n    (v) Quirindi west;\n    (vi) Regional Western Australia central;\n    (vii) Rockhampton;\n    (viii) Rural Australia;\n    (ix) Townsville.\n  (6) The part of the spectrum from 3542.5 MHz to 3575 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the Regional Western Australia central named area.\n  (7) The part of the spectrum from 3700 MHz to 3750 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Adelaide;\n    (ii) Albury;\n    (iii) Ballarat and Bendigo;\n    (iv) Brisbane;\n    (v) Cairns;\n    (vi) Canberra;\n    (vii) Hobart;\n    (viii) Launceston;\n    (ix) Melbourne;\n    (x) Perth;\n    (xi) Regional New South Wales north;\n    (xii) Regional New South Wales south;\n    (xiii) Regional Queensland;\n    (xiv) Regional South Australia;\n    (xv) Regional Victoria;\n    (xvi) Regional Western Australia central;\n    (xvii) Regional Western Australia south;\n    (xviii) Rockhampton;\n    (xix) Rural Australia;\n    (xx) Sydney;\n    (xxi) Toowoomba;\n    (xxii) Townsville.\n  (8) The part of the spectrum from 3750 MHz to 3800 MHz is subject to re-allocation under Part 3.6 of the Act:\n    (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act; and\n    (b) with respect to the following named areas:\n    (i) Adelaide;\n    (ii) Ballarat and Bendigo;\n    (iii) Brisbane;\n    (iv) Canberra;\n    (v) Hobart;\n    (vi) Melbourne;\n    (vii) Perth;\n    (viii) Regional New South Wales south (3750 MHz to 3800 MHz);\n    (ix) Regional Queensland;\n    (x) Regional South Australia (3750 MHz to 3800 MHz);\n    (xi) Regional Victoria (3750 MHz to 3800 MHz);\n    (xii) Regional Western Australia central;\n    (xiii) Regional Western Australia south;\n    (xiv) Sydney;\n    (xv) Toowoomba.","sortOrder":6}],"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"},"kimi_summary":{"_metrics":{"completionTokens":528},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The declaration appears tightly scoped to its original purpose: re-allocating specific 3.4 GHz and 3.7 GHz bands under the Radiocommunications Act. The geographic granularity (city-by-city and region-by-region allocations) is a deliberate feature of spectrum management, not scope creep."},"complexity_factors":["Extensive cross-referencing to the Radiocommunications Act 1992 (Part 3.6, Part 3.2)","Multiple nested geographic definitions using the Hierarchical Cell Identification Scheme (HCIS)","Eight separate frequency sub-bands with different geographic applicability","27 named areas defined by hundreds of alphanumeric HCIS cell identifiers","Technical frequency notation requiring careful parsing (e.g., 'greater than but not including the lower frequency')","Temporal conditions: 5-year re-allocation period with explicit deadline"],"plain_english_summary":"This declaration reallocates parts of the 3.4 GHz (3400–3575 MHz) and 3.7 GHz (3700–3800 MHz) bands to spectrum licences for 5G mobile services, giving ACMA a five‑year window to issue those licences. It affects telcos seeking to expand 5G, existing users who may need to relocate or share, and regional coverage plans. Mid‑band capacity is crucial for balancing speed and range, so the move materially advances Australia’s 5G rollout."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"This Declaration stays within the Act’s existing re‑allocation power (subsection 153B(1)) and performs the ordinary, narrow function of specifying which parts of spectrum and which geographic areas are to be re‑allocated and the re‑allocation timeframe (see sections 3, 6 and 7). It does not create new statutory powers, new regulatory mechanisms, or additional substantive obligations beyond identifying bands, areas and the five‑year window. In short, it implements the Act’s re‑allocation function rather than expanding scope beyond the Act’s original purpose."},"complexity_factors":["Multiple frequency sub‑ranges declared (eight distinct parts: e.g. 3400–3425, 3425–3442.5, 3475–3492.5, 3492.5–3510, 3510–3542.5, 3542.5–3575, 3700–3750, 3750–3800) with differing geographic coverage (section 7).","Large Schedule 1: 27 named areas, each defined by long lists of Hierarchical Cell Identification Scheme (HCIS) identifiers (dozens to hundreds of cell codes per area).","Cross‑references to the Radiocommunications Act 1992 for key mechanisms (Part 3.6 re‑allocation power, Subdivision B of Division 1 of Part 3.2 for licensing), leaving operational detail to the Act/ACMA (sections 3, 5 and 7).","Defined terms split across the instrument and the primary Act (instrument defines HCIS and refers to Act for terms such as 're‑allocation deadline' and 'spectrum licence') (section 4).","Conditional geographic exceptions: some frequency bands apply to more or fewer named areas (e.g. 3750–3800 MHz has selective coverage noted in subsection 7(8) and in certain named items in the Schedule).","Administrative mapping dependency: the instrument uses HCIS codes that require conversion into map boundaries and use of ACMA tools, creating an extra step for users (Schedule 1 notes).","Temporal constraint: a 5‑year re‑allocation period and a defined re‑allocation deadline create time‑conditional planning and transitional complexity (section 6).","Operational discretion retained by ACMA (auction/allocation methods, licence conditions, interference management) — many important outcomes determined later under the Act.","Extensive nested lists and many numeric identifiers in the Schedule that increase the chance of transcription, interpretation and compliance errors."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Declares specific slices of the 3.4 GHz and 3.7 GHz frequency ranges to be \"subject to re-allocation\" under the Radiocommunications Act 1992 (see section 7). In plain terms, those parts of spectrum are put into the pool that the ACMA (Australian Communications and Media Authority) can allocate as new spectrum licences.\n- Identifies eight frequency sub‑ranges (for example 3400–3425 MHz, 3475–3492.5 MHz, 3700–3750 MHz, 3750–3800 MHz, etc.) and specifies, for each sub‑range, the geographic \"named areas\" in which the re‑allocation will apply (section 7). The pieces of spectrum are reallocated by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act (section 7(1)(a) and repeated in each sub‑clause).\n- Sets a fixed re‑allocation period of 5 years beginning the day after this instrument commences; the re‑allocation deadline is the end of that 5‑year period (section 6).\n- Defines how the geographic areas are to be identified: by reference to a Hierarchical Cell Identification Scheme (HCIS) drawn from the Australian Spectrum Map Grid 2012. The Schedule (Schedule 1) lists each named area and the HCIS cell identifiers that compose it (section 4 and Schedule 1).\n\n**Who is directly affected\n\n- Current spectrum licence holders and users operating in the declared frequency blocks and within the named HCIS areas: their existing rights may be affected by the re‑allocation process and any transition arrangements set out under the Act.\n- Prospective licence applicants: operators, carriers, and other businesses wanting new rights to use these mid‑band frequencies (often used for mobile and fixed wireless services).\n- The ACMA: the instrument gives effect to the ACMA's power (under the Act) to re‑allocate those particular bands and to issue licences in the designated areas.\n\n**Why it matters (practical effects)\n\n- It opens specific parts of mid‑band spectrum (3.4/3.7 GHz ranges) for allocation as spectrum licences in clearly‑defined geographic cells. That enables the ACMA to offer new licences (commonly by administrative allocation or auction) that can be used for services such as mobile broadband or fixed wireless.\n- It sets a clear timetable (5 years) within which the re‑allocation must be completed, creating a regulatory deadline that incumbents and prospective entrants must plan for.\n\n**How it works operationally and where discretion remains\n\n- The Declaration itself designates frequency and geographic scope only; it does not set the detail of licence terms, prices, auction rules or compensation/transition arrangements. Those operational details are determined under the Act and by the ACMA using powers in Part 3.2 and Part 3.6 (see section 7 and the references to Subdivision B of Division 1 of Part 3.2).\n- Geographic coverage is granular: the Schedule ties each named area to HCIS cell identifiers. Operators must translate HCIS lists into maps (the ACMA provides tools and the ASMG/HCIS document) to know exact boundaries (Interpretation, section 4, and Schedule 1 notes).\n\n**Costs, incentives, trade‑offs and implementation risks (concrete mechanisms)\n\n- Who pays: incumbent users in the reallocated bands may bear costs (equipment changes, relocation or loss of access) if their facilities must move or cease; prospective licensees pay licence fees or bid amounts if the ACMA allocates licences by auction. The Declaration does not itself set compensation terms — those follow the Act and ACMA processes.\n- Incentives and competition: by increasing availability of mid‑band spectrum, the measure creates opportunities for service providers to expand capacity and compete. Benefits will be concentrated to successful licence holders (those that secure rights to the reallocated blocks); costs (e.g. transition, equipment replacement) will be borne by incumbents or contract counterparties depending on transitional rules under the Act.\n- Bureaucratic discretion and implementation risk: the instrument leaves to ACMA the timing, processes and licence conditions for issuing licences. That discretion is standard under the Act but creates implementation risk around auction design, transitional arrangements, and interference management.\n- Compliance and administrative burden: affected parties need to determine whether they operate in the listed HCIS cells, monitor the re‑allocation deadline, and engage with ACMA processes (applications, auctions, technical coordination). The requirement to translate HCIS codes into maps is an added administrative step (Schedule 1 notes the ACMA tool).\n- Substitution and opportunity costs: firms may shift investment into the newly available bands or into other bands if unsuccessful. Time‑limited re‑allocation (5 years) places a planning horizon on both incumbents and prospective entrants that may accelerate or re‑prioritise commercial investment decisions.\n\n**Source claims vs observable mechanics\n\n- The instrument’s stated purpose is to declare parts of the 3.4/3.7 GHz bands for re‑allocation (section 7). That is an enabling, not an operational, act: the concrete economic effects (who wins licences, what prices, how incumbents are transitioned) depend on subsequent ACMA decisions under the Act.\n\n**Key references in the instrument**\n\n- Interpretation and definitions (HCIS, references to the Act): section 4.\n- Re‑allocation period and deadline: section 6.\n- List of frequency parts and the named areas they affect: section 7 (subsections (1)–(8)).\n- The geographic definitions by HCIS identifiers: Schedule 1 (the table of named areas and HCIS lists).\n\n(End of summary.)"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022","history":"/api/acts/radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022/history","analysis":"/api/acts/radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022/analysis","conflicts":"/api/acts/radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022/important-cases","documents":"/api/acts/radiocommunications-spectrum-re-allocation-3-4-ghz-and-3-7-ghz-bands-declaration-2022/documents"}}