{"id":"F2018L00221","name":"Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Perth) Declaration 2018","slug":"radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96856,"registerId":"commonwealth-F2018L00221-current","compilationNumber":null,"startDate":"2026-04-02","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—3.6 GHz Band for Perth) Declaration 2018.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This instrument commences on the day after it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 153B(1) of the Radiocommunications Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n> Note 1: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) ACMA;\n (b) re-allocation deadline;\n (c) re-allocation period;\n (d) spectrum;\n (e) spectrum licence;\n (f) spectrum re-allocation declaration.\n\n> Note 2: See also section 5, in relation to re\\-allocation deadline and re-allocation period.\n\n (1) In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> Hierarchical Cell Identification Scheme or HCIS means the Hierarchical Cell Identification Scheme used as 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 was made.\n\n (2) In this instrument, a reference to a part of the spectrum includes all frequencies that are greater than the lower frequency, up to and including the higher frequency.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Spectrum re-allocation","content":"#### 5 Spectrum re-allocation\n\n (1) The part of the spectrum from 3575 MHz to 3700 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 (see section 153L of the Act); and\n (b) with respect to the named area in the table in subsection (3).\n (2) For this spectrum re-allocation declaration:\n (a) the re-allocation period is the period of 5 years beginning at the start of the 21st day after this instrument commences; and\n (b) the re-allocation deadline is the end of the day before the first anniversary of the start of the re-allocation period.\n (3) The area (named area) referred to in column 1 in the following table is to be ascertained as the composite of the areas, described using identifiers from the Hierarchical Cell Identification Scheme, set out in column 2.\n\n> Note 1: The HCIS is a naming convention for areas on the Australian Spectrum Map Grid 2012 (ASMG), which is a system used by the ACMA to define geographic areas for radiocommunications licensing. A document describing the ASMG and HCIS, as well as spatial datasets describing each HCIS area could, at the time this instrument was made, be found on the ACMA’s website (http://www.acma.gov.au).\n\n> Note 2: A tool to convert lists of HCIS area descriptions, such as the list contained in the below table, into Placemark files to allow these areas to be visualised using computer mapping software could, at the time this instrument was made, be found on the ACMA’s website (http://www.acma.gov.au).\n\n```html\n

Area with respect to which this spectrum re-allocation declaration applies

Item

Column 1

Named area

Column 2

Areas forming the named area (HCIS Identifiers)

1

Perth

BV1E, BV1F, BV1G, BV1H, BV1I, BV1J, BV1K, BV1L, BV1M, BV1N, BV1O, BV1P, BV2E, BV2F, BV2I, BV2J, BV2M, BV2N, BV4A, BV4B, BV4C, BV4D, BV4E, BV4F, BV4G, BV4H, BV5A, BV5B, BV5E, BV5F, BV1A4, BV1A5, BV1A6, BV1A7, BV1A8, BV1A9, BV1B4, BV1B5, BV1B6, BV1B7, BV1B8, BV1B9, BV1C4, BV1C5, BV1C6, BV1C7, BV1C8, BV1C9, BV1D4, BV1D5, BV1D6, BV1D7, BV1D8, BV1D9, BV2A4, BV2A5, BV2A6, BV2A7, BV2A8, BV2A9, BV2B4, BV2B5, BV2B6, BV2B7, BV2B8, BV2B9, BV4I1, BV4I2, BV4I3, BV4I4, BV4I5, BV4I6, BV4J1, BV4J2, BV4J3, BV4J4, BV4J5, BV4J6, BV4K1, BV4K2, BV4K3, BV4K4, BV4K5, BV4K6, BV4L1, BV4L2, BV4L3, BV4L4, BV4L5, BV4L6, BV5I1, BV5I2, BV5I3, BV5I4, BV5I5, BV5I6, BV5J1, BV5J2, BV5J3, BV5J4, BV5J5, BV5J6

\n```","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function its title suggests: declaring a specific frequency band in a specific city for re-allocation. There is no scope creep — it does not expand beyond the 3.6 GHz band, does not alter the re-allocation mechanism established by the parent Act, and maintains the standard 5-year re-allocation period typical of such declarations."},"complexity_factors":["Short instrument (5 sections, ~2 pages)","Minimal defined terms (only 2: 'Act' and 'HCIS')","Single clear purpose with no nested exceptions or conditional logic","One external cross-reference to the Radiocommunications Act 1992 for core concepts","Technical complexity limited to the HCIS grid reference table (96 identifiers) which is purely descriptive data, not legal logic","Straightforward temporal calculations (commencement + 21 days + 5 years + 1 year deadline)"],"plain_english_summary":"This instrument directs ACMA to reserve the 3.6 GHz band (3575–3700 MHz) in the Perth area for new spectrum licences—clearing the way for 5G and other mobile services. \n\nExisting users must vacate or renegotiate during a five-year re‑allocation period that starts 21 days after commencement, while new applicants can seek licences once re‑allocation begins; ACMA manages the transition, typically leading to licence allocation by auction."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument applies the existing Part 3.6 re‑allocation mechanism of the Radiocommunications Act to a specific frequency range and named Perth areas, and sets the re‑allocation period and deadline. It does not expand or curtail the Act’s statutory powers; it specifies timing and geographic scope only (see ss3–5)."},"complexity_factors":["Cross‑references to multiple provisions of the Radiocommunications Act (authority under s153B; licensing under s153L) increase legal linkage.","Precise timing rules: re‑allocation period starts on the 21st day after commencement and lasts 5 years; re‑allocation deadline is end of day before first anniversary of that start (s5(2)).","Geographic technicality: the named area is defined by a long list of HCIS identifiers requiring use of the ACMA ASMG/HCIS datasets to map actual boundaries (s4, s5(3)).","Dependence on external material: the HCIS/ASMG documents and conversion tools are outside the instrument and must be consulted to determine scope (s4 note, s5 note).","Administrative discretion and interaction risk: ACMA implements licence issuance under the Act, so operational processes (auctions, application handling, coordination with incumbents) will determine outcomes (s5(1)).","Potential compliance burden on existing licensees in the listed HCIS areas to vacate or transition by the re‑allocation deadline (implicit in re‑allocation mechanics in s5)."],"plain_english_summary":"This instrument directs that the 3575–3700 MHz radio band in specified Perth grid cells (identified by HCIS codes) be re‑allocated under the Radiocommunications Act. It enables the ACMA to issue spectrum licences for that band, fixes a five‑year re‑allocation period beginning 21 days after commencement and a one‑year re‑allocation deadline, and therefore affects current spectrum users and prospective licensees in the named Perth areas who must meet the timetable (see s5)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018","history":"/api/acts/radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018/history","analysis":"/api/acts/radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018/analysis","conflicts":"/api/acts/radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018/important-cases","documents":"/api/acts/radiocommunications-spectrum-re-allocation-3-6-ghz-band-for-perth-declaration-2018/documents"}}