This instrument is made under section 39A of the Act.
4 Purpose of the instrument
This instrument describes:
(a) the procedures for issuing spectrum licences in the 1800 MHz (unallocated lots) band;
(b) the spectrum licences that will be allocated by the ACMA in accordance with this instrument;
(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
(d) other matters which a person should take into account when deciding whether to apply for a spectrum licence under the allocation determination.
5 Definitions
In this instrument:
1800 MHz band means the following frequency ranges:
(a) 1725 MHz to 1785 MHz; and
(b) 1820 MHz to 1880 MHz;
in the geographic areas specified in the table in clause 1 of Schedule 1 to the re\-allocation declaration.
1800 MHz lot has the meaning given by subsection 4(1) of the allocation determination.
1800 MHz (unallocated lots) band means the following frequency ranges within the following regions:
(a) 1775 MHz to 1780 MHz and 1870 MHz to 1875 MHz in Dubbo, as that region is defined in Schedule 2 to this instrument;
(b) 1775 MHz to 1785 MHz and 1870 MHz to 1880 MHz in Mackay, as that region is defined in Schedule 2 to this instrument;
(c) 1745 MHz to 1750 MHz and 1840 MHz to 1845 MHz in Maryborough, as that region is defined in Schedule 2 to this instrument;
(d) 1780 MHz to 1785 MHz and 1875 MHz to 1880 MHz in Regional Western Australia, as that region is defined in Schedule 2 to this instrument; and
(e) 1750 MHz to 1755 MHz and 1845 MHz to 1850 MHz in Tasmania, as that region is defined in Schedule 2 to this instrument.
Note: The 1800 MHz (unallocated lots) band is a subset of the 1800 MHz band.
Act means the Radiocommunications Act 1992.
advisory guidelines means one or more of the following:
Note: The advisory guidelines are registered on the Federal Register of Legislation.
allocation determination means the Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017.
applicant has the meaning given by subsection 4(1) of the allocation determination.
applicant information package has the meaning given by subsection 4(1) of the allocation determination.
auction has the meaning given by subsection 4(1) of the allocation determination.
Australian spectrum map grid or ASMG means the Australian Spectrum Map Grid 2012 published by the ACMA on its website at https://www.acma.gov.au.
balance of the pre-determined price has the meaning given by subsection 4(1) of the allocation determination.
balance of the winning price has the meaning given by subsection 4(1) of the allocation determination.
first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.
fixed transmitter means a transmitter that is not a mobile transmitter.
geographic area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.
HCIS identifier means an identifier used to describe a geographic area in the HCIS.
hierarchical cell identifier scheme or HCIS means the cell grouping hierarchy scheme used to describe geographic areas in the ASMG.
in-band means:
(a) for a radiocommunications transmitter or radiocommunications receiver operated under a spectrum licence – the frequencies within the frequency band to which the licence relates;
(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.
licence schedule means a schedule to the sample spectrum licence.
lot means a 1800 MHz lot.
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.
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.
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.
mobile transmitter means a transmitter that is designed or manufactured to be capable of being operated in each of the following circumstances:
(a) the transmitter is in motion or moving; and
(b) the transmitter is stationary.
non spurious emission means an unwanted emission that is not a spurious emission.
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.
post-auction application has the meaning given by subclause 2(1) of Schedule 4 to the allocation determination.
post-auction process means the process for allocation of licences conducted in accordance with Schedule 4 of the allocation determination.
pre-determined price has the meaning given by subsection 4(1) of the allocation determination.
preferred lots has the meaning given by subsection 4(1) of the allocation determination.
re-allocation declaration means the Radiocommunications (Spectrum Re-allocation-Regional 1800 MHz Band) Declaration 2015.
region: see Schedule 2.
sample spectrum licence: see section 21.
spurious emission means an emission that is not:
(a) a modulation product; or
(b) wide band noise; or
(c) an emission caused by switching transients.
true mean power means:
(a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present;
(b) if an unmodulated carrier is not present – the mean power measured while transmitter information is present.
unwanted emission, in relation to the operation of a transmitter authorised by a spectrum licence, means an emission outside the lower and upper frequency limits of the licence.
Note: A number of other expressions used in this instrument are defined in the Act, including the following:
6 References to other legislative instruments and to other instruments or writing
(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.
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.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(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.
Note: See section 314A of the Act.
7 References to frequency ranges
In this instrument, the range of numbers that identifies a frequency range includes the higher, but not the lower, number.