Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017

Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017 | Zoe

Deep Dive

7,171 words · generated 23/06/2026

What it does

This instrument, the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017, prescribes how the Australian Communications and Media Authority (ACMA) will allocate, issue and manage spectrum licences in specified parts of the 2 GHz frequency range. It establishes: the method of allocation (a simple clock auction subject to an allocation determination), the lots to be offered and their geographic regions (Schedules 1 and 2), the licence term and commencement rules, the core and additional licence conditions to be imposed, registration and exemption rules for transmitters, and specific technical limits on emissions both outside licence geographic areas and outside the licensed frequency bands (Schedules 3 and 4). The instrument is made under section 39 of the Radiocommunications Act 1992 (the Act) and commences the day after it is registered (see clauses 1 to 3 and 2).

Mechanically, the instrument:

divides the specified 2 GHz unallocated-lots band into lots detailed in Schedule 1, each defined by region, lower/upper frequency ranges and bandwidth (clause 11; Schedule 1);
requires allocation by a simple clock auction in accordance with the Radiocommunications (Spectrum Licence Allocation - Multi-band Auction) Determination 2017 (the allocation determination) (clause 10(1));
permits a pre-determined price allocation where, before the auction manager sets start dates for first and second rounds, only one applicant has nominated a lot as preferred (clause 10(2));
specifies the process for post-auction allocation of unallocated lots per Schedule 4 of the allocation determination (clause 10(3));
requires payment of the balance of the pre-determined price or balance of the winning price before ACMA issues a licence (clause 15);
fixes licence commencement and expiry rules, setting all licences issued under this instrument to a fixed term with an expiry date of 11 October 2032 (clause 16);
prescribes core licence conditions consistent with section 66 of the Act and sets out how core conditions, and emission limits, are to be determined (clauses 17 and 18; Schedules 3 and 4);
imposes registration obligations for transmitters and creates two registration exemptions with numerical thresholds (clause 20);
makes a number of non-technical operational conditions mandatory or likely to be included in any licence, including payment of charges, third party use, residency, trading and requirements relating to the Canberra Deep Space Communications Complex and the Mid-West Radio Quiet Zone (clauses 19, 24 to 26).

The instrument ties key operational constraints and measurement rules to external documents and instruments: the allocation determination, the designation notice, the Australian Spectrum Map Grid and its HCIS scheme, advisory guidelines for interference management, the Radiocommunications (Unacceptable Levels of Interference , 2 GHz Band) Determination 2016, and the RALI MS 32 coordination document. Clause 6 treats references to other legislative instruments and other writings as references to those instruments as in force from time to time.

Those are the mechanical changes and rules the instrument puts in place. The instrument also includes detailed technical tables for unwanted emission limits, explicit rules for when written agreements between licensees can specify alternative emission ceilings, and a sample licence (Schedule 5) that outlines likely licence conditions.

Main concepts

The instrument organises allocation and use of spectrum across several interlocking concepts: lots, regions, spectrum space, licence conditions and emission limits. These concepts determine what a licence authorises, what constraints attach to operation, and how compliance will be judged.

Lots and spectrum space. The ACMA divides the 2 GHz unallocated-lots band into discrete lots (defined in Schedule 1). Each lot pairs a lower-frequency block in the 1920-1980 MHz downlink/lower band and a corresponding upper-frequency block in the 2110-2170 MHz uplink/upper band, with the bandwidth identified in Schedule 1 (clause 11; Schedule 1). The instrument defines "spectrum space" as the three dimensional combination of a frequency band and a geographic area specified in a spectrum licence (clause 5 definition). The geographic extent of a lot is defined using HCIS identifiers from the Australian Spectrum Map Grid (ASMG) and described in Schedule 2; the HCIS aggregation determines the geographic area of the licence (Schedule 2, clauses 1 to 3).

Allocation mechanics. Allocation is by simple clock auction, with all procedural detail supplied in the allocation determination and applicant information package (clauses 10(1), 11(2), 13). There is a mechanism for pre-determined price allocation where only one applicant has nominated a lot as preferred before auction start dates are set by the auction manager (clause 10(2)). Unallocated lots may be offered later in accordance with the post-auction process set out in Schedule 4 of the allocation determination (clause 10(3)).

Licence term and issue. Licences issued following auction, pre-determined price allocation, or the post-auction process commence on issue (or other dates for post-auction allocations) and expire on 11 October 2032, subject to the Act allowing earlier resumption or cancellation (clause 16). The ACMA will issue a licence to the person to whom it is allocated as soon as practicable after the person pays the balance of the pre-determined price or winning price (clause 15).

Core and additional conditions. The instrument requires inclusion of core licence conditions mandated by section 66 of the Act: the spectrum part(s), maximum emissions outside the geographic area and outside the band, and geographic area (clause 17). Clause 18 sets out that emission limits outside the geographic area and outside the band are to be calculated in accordance with Schedule 3 and Schedule 4 respectively. Additional conditions about payment of charges, third party use, registration of transmitters and residency are mandatory per clause 19(1). The ACMA may include other conditions under section 71 of the Act (clause 19(2)), and the sample spectrum licence in Schedule 5 sets out likely additional conditions but is not exhaustive (clause 21).

Who it affects

The instrument affects several distinct groups, each with different responsibilities and exposures.

Prospective bidders and applicants. Persons who intend to participate in allocation must consult the applicant information package and allocation determination (clause 13). The ACMA will publish details and invite applications as required by the allocation determination (clause 12). The definition of "applicant" and "applicant information package" are given by the allocation determination (clause 5 definitions). The instrument explicitly warns potential auction participants to obtain independent legal, technical and financial advice (clause 10 note), and places financial obligations on successful applicants requiring payment of balances of pre-determined or winning prices before licence issue (clause 15).

Successful licensees. Persons allocated lots will receive spectrum licences that commence on issue (or later dates for post-auction allocations) and expire on 11 October 2032 (clause 16). Licensees must comply with core conditions required by the Act (clause 17), additional conditions about payment, third party use, registration and residency (clause 19(1)), emission limits (clauses 18 and Schedules 3 and 4), and specific conditions concerning CDSCC protection waiver (clause 19(4)) and RQZ coordination (clause 19(5)). Licensees are responsible for ensuring any transmitters operated under the licence are registered unless exempt (clause 20), and even exempt transmitters must not cause harmful interference (clause 19(6)). Licensees may authorise third parties to operate devices under their licences in accordance with Division 1 of Part 3.2 of the Act (clause 25) and may trade spectrum subject to trading rules (clause 26).

Other licensees and adjacent operators. The instrument contemplates agreements between licensees regarding emission limits, and explicitly conditions default emission limits upon the absence of a written agreement with all affected adjacent licensees (Schedule 3 clause 1; Schedule 4 clause 1). Thus other licensees holding frequency-adjacent or area-adjacent licences are directly affected, because they are parties who must be consulted or must be signatories to any alternative written agreement that modifies default emission ceilings.

ACMA and auction manager. The ACMA is the allocating and issuing authority. It retains particular decision points: publishing auction details (clause 12), offering pre-determined price allocations where only one applicant has nominated a lot (clause 10(2)), issuing licences once the price balance is paid (clause 15), registering licences (clause 24), and including or varying core conditions with the licensee's agreement under the Act (clause 17 note). The auction manager sets the start date and time for auction rounds, a procedural fact that can trigger the pre-determined price mechanism per clause 10(2).

Key duties and rights

This instrument allocates a bundle of entitlements and imposes specific obligations. The entitlement is a spectrum licence that authorises operation within a defined frequency pair and geographic region; the obligations are operational, technical, financial and administrative. Below are the key duties and rights as set out in the instrument.

Rights on allocation and issuance

Right to be issued a licence: The ACMA will issue a spectrum licence to the person allocated the licence as soon as practicable after the person pays to the ACMA the balance of the pre-determined or winning price (clause 15). For post-auction allocations, issuance timing rules differ and are governed by clause 15(2).
Right to operate within the spectrum space: A licence authorises operation of radiocommunications devices in the frequencies and region assigned to the lot(s) allocated to the person (clause 18(1)(a) and (b)).
Right to authorise third parties and to trade: Licensees may authorise others to operate devices under their licence in accordance with Division 1 of Part 3.2 of the Act (clause 25); they may assign or otherwise deal with the whole or part of a licence in accordance with Division 5 of Part 3.2 and the ACMA trading rules (clause 26(1) and (2)).

Payment and financial duties

Payment before issue: The person allocated a licence must pay the balance of the relevant price to the ACMA before the ACMA issues the licence (clause 15(1)). The instrument identifies both pre-determined prices and winning prices as payment obligations.
Payment of charges: Each licence will include a condition about payment of charges under section 67 of the Act (clause 19(1)(a)), creating an ongoing financial obligation for licensees.

Operational and registration duties

Registration of transmitters: Each licence includes a condition prohibiting operation of a transmitter unless Part 3.5 registration requirements of the Act are met (clause 20(1)). The instrument notes the ACMA may refuse to include proposed transmitter details in the Register under subsection 145(1) of the Act where operation could cause unacceptable interference, and refers to the Radiocommunications (Unacceptable Levels of Interference , 2 GHz Band) Determination 2016 for thresholds used in certificates by accredited persons (clause 20 notes).
Exemptions from registration: Two narrowly drawn exemptions exist: transmitters with maximum EIRP ≤ 25 dBm per occupied bandwidth, and HAPS with PFD ≤ -121.5 dB (W/(m2MHz)) measured at the earth's surface outside the spectrum space. Even exempt transmitters must not cause harmful interference (clauses 20(2) and 19(6)).

Penalties and enforcement

This instrument does not itself set criminal penalties or monetary fines. It embeds enforcement by reference to the Radiocommunications Act 1992 and other instruments that govern registration, refusal, suspension, cancellation and trading. The enforcement architecture under this instrument therefore rests primarily on the Act and on ACMA powers exercised under the Act.

ACMA administrative powers and licence control. Licences issued under this instrument are subject to the Act and can be resumed or cancelled before their expiry date in accordance with the Act (clause 16 notes). The instrument requires the ACMA to register licences in accordance with Part 3.5 of the Act (clause 24). Those cross-references indicate that enforcement includes: ACMA decisions not to register or to refuse details under section 145 of the Act (note in clause 20(1)), measures the ACMA may take under sections relating to licence conditions (section 71 references in clause 19(2)), and the trading regime enforced under Division 5 of Part 3.2 and the ACMA trading rules (clause 26).

Registration refusal and unacceptable interference. The instrument includes a note that under subsection 145(1) of the Act the ACMA may refuse to include details of a proposed transmitter in the Register if operation could cause an unacceptable level of interference (clause 20 note 1). It also references subsection 145(4) allowing ACMA to determine acceptable levels of interference by written instrument, and points to the Radiocommunications (Unacceptable Levels of Interference , 2 GHz Band) Determination 2016 as the standard to be used for certificates by accredited persons under subsection 145(3) of the Act (clause 20 notes 2 and 3). These provisions are enforcement mechanisms because refusal to register prevents operation under the licence.

Conditions and compliance. Each licence will include conditions about payment of charges, third party use, registration of transmitters, residency and such other matters as ACMA thinks fit under section 71 of the Act (clause 19). Non-compliance with licence conditions creates exposure to administrative remedies under the Act, such as cancellation, suspension, or other regulatory action available to ACMA. The instrument expressly makes licences subject to the Act and the allocation determination (clause 15(1)).

Trading enforcement. Trading in spectrum licences must comply with the ACMA rules made under section 88 of the Act, and section 85 requires assignments of whole or part of a licence to comply with these rules (clause 26(2)). The Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 is the instrument cited. Enforcement of trading rules will therefore occur through the statutory trading framework and the ACMA's oversight.

How it interacts with other laws

This instrument is tightly integrated with the Radiocommunications Act 1992 and several other legislative instruments and technical documents. It repeatedly cross-refers to the Act for authority, to the allocation determination for auction procedures and to technical determinations for interference thresholds. The instrument also treats external documents as operative "as in force from time to time" (clause 6), which creates an interaction where updating an external instrument may change operational effects without amending this instrument.

Primary statutory interaction

Authority under the Act: The instrument is made under section 39 of the Act (clause 3). Many obligations, such as the inclusion of core licence conditions, are tied to the Act: clause 17 requires that spectrum licences include the core conditions required by section 66 of the Act, and the instrument states that the ACMA may vary those core conditions with the licensee's agreement under section 72 (clause 17 note).
Registration and refusals: The instrument references Part 3.5 of the Act for registration of transmitters and cites subsection 145(1) of the Act as the basis for refusing to include proposed transmitter details in the Register if operation could cause unacceptable interference (clause 20 notes).
Trading and assignments: Trading and assignment rights and limits under Division 5 of Part 3.2 of the Act are referenced (clause 26). Section 85 of the Act requires assignments to comply with ACMA trading rules; clause 26(2) reflects that cross-reference and points to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012.

Interaction with allocation determination and designation notice

Auction procedure and post-auction allocation: The instrument defers substantially to the Radiocommunications (Spectrum Licence Allocation - Multi-band Auction) Determination 2017 (the allocation determination) for auction procedures, applicant definitions, pre-determined price concepts, the post-auction allocation process and the applicant information package (see definitions in clause 5 and clauses 10, 11, 13, 15).
Geographic area identification: The definition of the 2 GHz (unallocated lots) band cross-refers to the designation notice; Schedule 2 notes that each named area is a region as specified in Schedule 2 and that each region is a named area for the purposes of the designation notice (clause 5 definitions; Schedule 2 note 1).

Interaction with technical determinations and guidance

Amendment history

The instrument itself records its identity and commencement: it is the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017 and it commences the day after it is registered (clauses 1 and 2). Clause 3 states it is made under section 39 of the Radiocommunications Act 1992.

The text supplied does not record any subsequent amendments, revocations or version history within the instrument. It repeatedly refers to external instruments "as in force from time to time" (clause 6), which means that changes to those other instruments will affect the operational framework without an amendment to this marketing plan. For example, updates to the allocation determination, advisory guidelines, the ASMG, RALI MS 32 or the Radiocommunications (Unacceptable Levels of Interference , 2 GHz Band) Determination 2016 will change procedural or technical requirements that interact with this instrument (see clause 6 and definitions in clause 5). The instrument includes a number of notes advising users to consult the Federal Register of Legislation for authoritative instruments and the ACMA website for maps and documents (clauses 1 and 2 notes, Schedule 2 notes).

Where the instrument refers to legislative instruments or other writings, it specifies in clause 6(1) and (2) that references are to those instruments "as in force from time to time" or "as existing from time to time". This means that the practical content of obligations and rights under this instrument may change without an express amendment recorded here if the referenced instruments are amended.

The instrument contains internal notes pointing to specific determinations for further detail. For example:

The Radiocommunications (Spectrum Licence Allocation - Multi-band Auction) Determination 2017 contains auction procedures and the applicant information package content referenced throughout (clauses 10, 11, 13).
The Radiocommunications (Unacceptable Levels of Interference , 2 GHz Band) Determination 2016 is the base for unacceptable interference thresholds used in register certification (clause 20 note 3).
The Radiocommunications (Register of Radiocommunications Licences) Determination 2017 contains details about licence registration (clause 24 note).
The Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 sets the trading rules referenced in clause 26.

Because the instrument does not itself list amendment entries, users seeking amendment history must consult the Federal Register of Legislation and the ACMA registers referenced in clause 2 notes and clause 6 notes. The instrument's own wording establishes that such external documents are integral to its operation and are treated as can change over time without amendment to the marketing plan itself. Practitioners should therefore maintain a watch on the allocation determination, the referenced determinations and advisory guidelines for changes that will affect bidding, issuance, registration, measurement standards and trading.

Litigation history

The provided text contains no references to judicial or tribunal decisions, challenges or litigation about the instrument. It names no cases and cites no litigation outcomes. The instrument’s notes and cross-references refer exclusively to other legislative instruments, determinations and technical guidances, not to judicial decisions.

Because the instrument relies heavily on the Act for enforcement mechanisms and on other legislative instruments for procedural and technical specifics, any litigation history relevant to how those external instruments are interpreted or applied would appear in judicial records concerning the Act or those instruments. The instrument itself makes no comment about dispute resolution, appeal rights or past litigation related to its content.

Practitioners needing information on litigation or precedent relevant to the operation of licences issued under this marketing plan must therefore consult:

decisions interpreting the Radiocommunications Act 1992 provisions that are cross-referenced here (for example, provisions concerning registration, licence conditions, trading and ACMA powers); and
any tribunal or court decisions that have addressed the allocation determination or other referenced determinations.

Within this instrument, there are no case names, no litigation summaries and no recorded disputes. The lack of litigation references in the instrument should not be read as an absence of any legal risk; rather it signals that the instrument itself is a prescriptive administrative instrument and that related legal challenges, if any, would be found in independent records.

Gotchas

There are a number of specific provisions and practical traps that practitioners should note because they create obligations, limit expectations or shift risk in ways that are not obvious from a high-level reading.

Pre-determined price allocation timing. Clause 10(2) allows the ACMA to offer allocation for a pre-determined price where, before the auction manager sets the start date and time for the first and second rounds of the auction, the ACMA is satisfied that only one applicant nominated a lot as a preferred lot. The timing trigger is procedural: the pre-determined price option depends on the auction manager setting start dates, not merely on the number of applicants. Prospective bidders should not assume the auction will necessarily proceed to open bidding for every lot; pre-determined price allocation can occur before rounds are started.

Payment triggers licence issue. Clause 15(1) makes issuance contingent on payment of the balance of the pre-determined or winning price. Until that payment is received, the ACMA is not obliged to issue the licence. Financial and settlement risk therefore falls on successful bidders to ensure timely payment.

Fixed expiry date. Clause 16 sets an explicit expiry date, 11 October 2032, for all licences issued under this instrument, regardless of the date of issue. Licences do not automatically extend to provide a full term from date of issue; the expiry date is fixed. This has consequences for commercial amortisation, investment horizon and secondary-market valuation.

Emission limits and bargaining. Schedule 3 and Schedule 4 provide default numerical limits where no written agreement exists with all affected licensees. However, both schedules permit parties to agree different limits in writing where all affected licensees of frequency-adjacent and area-adjacent licences sign an agreement (Schedule 3 clause 1; Schedule 4 clause 1). That requires obtaining agreement from all affected licensees; partial agreement does not suffice. Negotiation and coordination burdens can therefore be substantial, especially where many adjacent licensees exist.

Measurement bandwidths and offsets. The emission limits in Schedule 4 are specified with tight relationships between offset ranges and specified measurement bandwidths (Tables 1 to 5). Measurement practices matter: the definitions in clause 5 require estimation of measurement accuracy and adjustments "in accordance with good engineering practice." Careful measurement protocol and documentation will be necessary to demonstrate compliance, and the specified bandwidths (for example, 100 kHz, 1 MHz, 30 kHz, 10 kHz and 1 kHz in different tables) mean results are bandwidth-dependent.

How to comply

Compliance requires coordinated legal, technical and commercial actions across auction participation, payment and settlement, technical design and testing, registration, coordination with adjacent licensees, and ongoing licence management. Below are concrete steps a prospective applicant or licensee should follow based on the instrument.

Pre-bid due diligence and auction participation

Obtain and review the applicant information package and the allocation determination. Clause 13(1) requires the ACMA to make the applicant information package available and clause 11(2) and clause 10(1) tie auction conduct to the allocation determination. The applicant information package contains details about application requirements and auction processes.
Determine the relevant lot(s) and geographic coverage. Use Schedule 1 to identify lot frequency pairings and bandwidth, and Schedule 2 HCIS identifiers to determine the precise geographic aggregation for the lot. Do not rely solely on pictorial maps in Schedule 2; the HCIS aggregation is authoritative (Schedule 2 clauses 1 to 3).
Consider the pre-determined price mechanism. If you are the only applicant to nominate a lot as preferred before the auction manager sets the start date and time for the first and second rounds, the ACMA may offer the lot at the pre-determined price (clause 10(2)). Time your strategic decisions accordingly.
Seek independent legal, technical and financial advice. The instrument’s note (clause 10 note) advises bidders to obtain independent advice. The instrument ties many obligations to other instruments and technical standards.

Payment and licence issuance 5. Prepare to pay the balance of the price promptly. Clause 15(1) requires that the balance of the pre-determined price or winning price be paid to ACMA on behalf of the Commonwealth before the licence is issued. Settlement agencies, escrow arrangements and payment approvals should be in place before auction close. 6. Be aware of commencement and expiry. Licences issued under this instrument commence on the date issued (or on the dates stated for post-auction allocations) and expire on 11 October 2032 (clause 16). Factor the fixed expiry into investment and depreciation planning.

Technical compliance and transmitter registration 7. Register transmitters where required. Clause 20(1) requires that licences include a condition prohibiting operation of any transmitter unless registration under Part 3.5 of the Act is met. Consult the Radiocommunications (Register of Radiocommunications Licences) Determination 2017 for registration procedures referenced in clause 24. 8. Verify whether transmitters qualify for the registration exemptions. Clause 20(2) exempts transmitters with maximum EIRP ≤ 25 dBm per occupied bandwidth and HAPS that meet the PFD threshold. If exempt, keep demonstrable test records that show the transmitter’s EIRP or HAPS PFD measurements meet the threshold. 9. Ensure exempt devices do not cause harmful interference. Even where registration is not required, clause 19(6) requires operating exempt transmitters not to cause harmful interference. Maintain monitoring and mitigation plans.

Part 1

Preliminary

Part 1—Preliminary

1 Name

This is the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017.

2 Commencement

This instrument commences on the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under section 39 of the Act.

4 Purpose of the instrument

This instrument describes: (a) the procedures for issuing spectrum licences in the 2 GHz (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

(1) In this instrument:

2 GHz band means the following frequency bands:

(a) 1920 MHz to 1980 MHz; and
(b) 2110 MHz to 2170 MHz.

2 GHz lot has the meaning given by subsection 4(1) of the allocation determination.

2 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:

(a) 1920 MHz to 1930 MHz and 2110 MHz to 2120 MHz in:
(i) Canberra B;
(ii) Darwin; and
(iii) Hobart;
(b) 1930 MHz to 1935 MHz and 2120 MHz to 2125 MHz in:
(i) Adelaide;
(ii) Brisbane A;
(iii) Canberra A;
(iv) Darwin;
(v) Hobart; and
(vi) Perth;

where each corresponding area is to be ascertained in accordance with subsection 5(2) of the designation notice.

Note: Each named area is also a region specified in Schedule 2.

Act means the Radiocommunications Act 1992.

advisory guidelines means one or both of the following:

(a) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 2 GHz Band) 2016; and
(b) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016.

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 http://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.

Canberra Deep Space Communications Complex or CDSCC refers to the complex housing numerous Earth stations located at Tidbinbilla in HCIS identifier MW4H6.

designation notice means the Radiocommunications (Spectrum Designation—2 GHz and 3.4 GHz Bands) Notice 2017.

first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.

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.

high altitude platform station or HAPS means a high altitude platform station, which is a station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth.

licence schedule means a schedule to the sample spectrum licence.

lot means a 2 GHz 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.

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.

RALI MS 32 means the RALI MS 32 Coordination of Apparatus Licensed Services Within the Mid West Radio Quiet Zone, published on the ACMA’s website at http://www.acma.gov.au.

region: see Schedule 2.

sample spectrum licence: see section 21.

spectrum space means a three dimensional space described by a frequency band and geographic area specified in a spectrum licence.

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:

(a) ACMA;
(b) apparatus licence;
(c) core conditions;
(d) frequency band;
(e) licensee;
(f) radiocommunications device;
(g) Register; and
(h) spectrum licence.

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.

Name

1 Name

This is the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017.

Commencement

2 Commencement

This instrument commences on the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

Authority

3 Authority

This instrument is made under section 39 of the Act.

Purpose of the instrument

4 Purpose of the instrument

Definitions

5 Definitions

(1) In this instrument:

2 GHz band means the following frequency bands:

(a) 1920 MHz to 1980 MHz; and
(b) 2110 MHz to 2170 MHz.

2 GHz lot has the meaning given by subsection 4(1) of the allocation determination.

2 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:

(a) 1920 MHz to 1930 MHz and 2110 MHz to 2120 MHz in:
(i) Canberra B;
(ii) Darwin; and
(iii) Hobart;
(b) 1930 MHz to 1935 MHz and 2120 MHz to 2125 MHz in:
(i) Adelaide;
(ii) Brisbane A;
(iii) Canberra A;
(iv) Darwin;
(v) Hobart; and
(vi) Perth;

where each corresponding area is to be ascertained in accordance with subsection 5(2) of the designation notice.

Note: Each named area is also a region specified in Schedule 2.

Act means the Radiocommunications Act 1992.

advisory guidelines means one or both of the following:

(a) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 2 GHz Band) 2016; and
(b) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016.

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 http://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.

Canberra Deep Space Communications Complex or CDSCC refers to the complex housing numerous Earth stations located at Tidbinbilla in HCIS identifier MW4H6.

designation notice means the Radiocommunications (Spectrum Designation—2 GHz and 3.4 GHz Bands) Notice 2017.

first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.

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.

high altitude platform station or HAPS means a high altitude platform station, which is a station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth.

licence schedule means a schedule to the sample spectrum licence.

lot means a 2 GHz 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.

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.

RALI MS 32 means the RALI MS 32 Coordination of Apparatus Licensed Services Within the Mid West Radio Quiet Zone, published on the ACMA’s website at http://www.acma.gov.au.

region: see Schedule 2.

sample spectrum licence: see section 21.

spectrum space means a three dimensional space described by a frequency band and geographic area specified in a spectrum licence.

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:

(a) ACMA;
(b) apparatus licence;
(c) core conditions;
(d) frequency band;
(e) licensee;
(f) radiocommunications device;
(g) Register; and
(h) spectrum licence.

References to other legislative instruments and to other instruments or writing

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.

Note: See section 314A of the Act.

References to frequency ranges

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.

Simplified outline of this Part

8 Simplified outline of this Part

This Part describes the procedures for allocating spectrum licences that authorise the operation of radiocommunications devices in the 2 GHz (unallocated lots) band.

Parts of the spectrum

9 Parts of the spectrum

The ACMA will allocate and issue spectrum licences for spectrum in the 2 GHz (unallocated lots) band in the manner described in this instrument and the allocation determination.

How licences will be allocated

10 How licences will be allocated

(1) Spectrum licences for spectrum in the 2 GHz (unallocated lots) band will be allocated by simple clock auction in accordance with the procedures set out in the allocation determination.

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.

(2) If, before the auction manager sets the start date and time for the first and second rounds of the auction, the ACMA is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, the ACMA may offer to allocate spectrum licences for the lot for a pre-determined price, as set out in Part 5 of the allocation determination. (3) Parts of the 2 GHz (unallocated lots) band that are offered at auction or for a pre-determined price but not allocated may be later offered for allocation in accordance with Schedule 4 of the allocation determination.

Lots for the auction

11 Lots for the auction

(1) The ACMA has divided the 2 GHz (unallocated lots) band into lots described in Schedule 1. Each lot is characterised by: (a) the region of the lot, specified in column 3 of table 1 in Schedule 1; (b) the frequencies specified in columns 4 and 5 of table 1 in Schedule 1; and (c) the bandwidth specified in column 6 of table 1 in Schedule 1. (2) The auction will be held in accordance with the procedures set out in the allocation determination. All lots will be available for allocation in accordance with the allocation determination.

Advertising the auction

12 Advertising the auction

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.

Taking part in the auction

13 Taking part in the auction

(1) The ACMA will make available an applicant information package that contains more details about application requirements and the auction process in accordance with the allocation determination. Details of what must be in the applicant information package are in subsection 28(1) of the allocation determination. (2) Details of how to apply to take part in the auction are set out in Part 4 of the allocation determination.

Simplified outline of this Part

14 Simplified outline of this Part

This Part describes:

(a) the spectrum licences that will be issued in accordance with this instrument;

(b) some of the matters a licensee must take into account when operating devices under a spectrum licence issued in accordance with this instrument;

(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.

Issue of licences

15 Issue of licences

(1) Subject to the Act, the allocation determination and other relevant law, and subject to subsection (2), the ACMA will issue a spectrum licence to the person to whom it is allocated as soon as practicable after the person pays to the ACMA, on behalf of the Commonwealth, whichever of the following is relevant: (a) the balance of the pre-determined price; (b) the balance of the winning price. (2) Subject to the Act, the allocation determination and other relevant law, if a spectrum licence is allocated to a person under clause 10 of Schedule 4 to the allocation determination, the ACMA will issue a spectrum licence to the person as soon as practicable.

Commencement and duration of licences

16 Commencement and duration of licences

(1) A licence issued to a person who has been allocated the licence as a result of the auction or for a pre-determined price under Part 5 of the allocation determination, will commence on the date that the licence was issued and, subject to the Act, will be for a fixed term with an expiry date of 11 October 2032.

Note: In accordance with the Act, a licence may be resumed or cancelled before the expiry date.

(2) A licence issued to a person who has been allocated the licence through the post-auction allocation process will commence on the later of: (a) the date stated in the post-auction application; (b) the date the licence is issued; (c) 1 February 2018; and, subject to the Act, will be for a fixed term with an expiry date of 11 October 2032.

Note: In accordance with the Act, a licence may be resumed or cancelled before the expiry date.

Core licence conditions

17 Core licence conditions

(1) Section 66 of the Act requires spectrum licences to include the following core conditions: (a) a condition specifying the part or parts of the spectrum in which operation of radiocommunications devices is authorised under the licence; (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; (c) a condition specifying the area within which operation of radiocommunications devices is authorised under the licence; (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. (2) These conditions will be included in the spectrum licences issued in accordance with this instrument.

Note: These core conditions may be varied by the ACMA, with the licensee’s agreement, under section 72 of the Act.

Determining core licence conditions

18 Determining core licence conditions

(1) For each spectrum licence issued to a person as a result of the auction, for a pre-determined price, or through the post-auction allocation process: (a) the licence will be for the frequencies, or the aggregation of the frequencies, assigned to the lots allocated to the person in accordance with the allocation determination; and (b) the geographic area of a licence will be, for the frequencies assigned to each lot allocated to the person in accordance with the allocation determination, the region described in Schedule 2 that is the region for the lot. (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. (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.

Other licence conditions

19 Other licence conditions

(1) Each spectrum licence will also include conditions about: (a) the payment of charges (section 67 of the Act); (b) use by third parties (section 68 of the Act); (c) registration of transmitters (section 69 of the Act); and (d) residency (section 69A of the Act). (2) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit. (3) Other conditions likely to be included in a licence are included in the sample spectrum licence at Schedule 5.

Note: The ACMA may include conditions in a spectrum licence that are not included in the sample spectrum licence.

(4) Each spectrum licence will include a condition that states that radiocommunications receivers operating in the 2110 MHz to 2125 MHz frequency range cannot claim protection from harmful interference caused by radiocommunications transmitters of the space research service operated at the CDSCC.

Note: It is intended that radiocommunications devices operating in the 2110 MHz to 2125 MHz frequency range do not constrain current or future space research services operations at the CDSCC in the 2110 MHz to 2120 MHz frequency range.

(5) Each spectrum licence will include a condition that states that, before registering a radiocommunications transmitter for use in or around the RQZ and supplementary RQZ, as defined by the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011, the licensee must follow the procedures set out in Radiocommunications RALI MS 32 as if the radiocommunications transmitter were an apparatus-licensed transmitter. (6) Each spectrum licence will include a condition that states that licensees must ensure that operation of a radiocommunications transmitter that is exempt from registration under subsection 20(2) does not cause harmful interference to other radiocommunications devices operating in the 2 GHz band.

Registration of transmitters

20 Registration of transmitters

(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.

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.

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.

Note 3: The Radiocommunications (Unacceptable Levels of Interference — 2 GHz Band) Determination 2016 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.

(2) Each spectrum licence will include a condition that states the following radiocommunications transmitters are exempt from registration: (a) a radiocommunications transmitter that operates in the 2 GHz band with a maximum EIRP of less than or equal to 25 dBm per occupied bandwidth; (b) a high altitude platform station (HAPS) that does not exceed a power flux density of – 121.5 dB (W/(m2MHz)) at the Earth’s surface outside the spectrum space for the spectrum licence.

Draft sample licence

21 Draft sample licence

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 2GHz (unallocated lots) band.

Note: The sample spectrum licence may not reflect all the conditions included in a spectrum licence issued in accordance with the instrument.

Compatibility requirements

22 Compatibility requirements

The advisory guidelines provide a means of coordinating services operating under spectrum licences with other services.

Simplified outline of this Part

23 Simplified outline of this Part

This Part describes various matters that apply after licences are issued in accordance with this instrument.

Registration of licences

24 Registration of licences

The ACMA will register all spectrum licences in accordance with Part 3.5 of the Act.

Note: Details about registration are in the Radiocommunications (Register of Radiocommunications Licences) Determination 2017.

Third party use

25 Third party use

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.

Trading in spectrum licences

26 Trading in spectrum licences

(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. (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.

Note: The rules are set out in the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012.

Agreements about emission limits

27 Agreements about emission limits

A licensee may enter into an agreement for the purpose of one or more of the following: (a) clause 1 of Schedule 3 (about emission limits outside the geographic area of the licence); or (b) clause 1 of Schedule 4 (about emission limits outside the band of the licence).

Spectrum licences that are about to expire

28 Spectrum licences that are about to expire

As required by section 78 of the Act, the ACMA must, from time to time, publish on its website a notice that: (a) states where information may be obtained about: (i) the spectrum licences that will expire during a period specified in the notice; and (ii) the parts of the spectrum to which they relate; and (b) invites expressions of interest from persons who wish to have issued to them spectrum licences relating to those parts of the spectrum.

Re-issue of licence

29 Re-issue of licence

(1) The ACMA re-issues licences in accordance with Division 4 of Part 3.2 of the Act. (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: (a) the licence will be re-issued to the person; or (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.

Schedule 1

Lots

Schedule 1—Lots

(subsection 11(1))

Table 1 Lots

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Lot number	Lot name	Region	Lower frequency range	Upper frequency range	Bandwidth
6	CBRB01	Canberra B	1920 MHz – 1930 MHz	2110 MHz–2120 MHz	2 x 10 MHz
7	DARW01	Darwin	1920 MHz–1930 MHz	2110 MHz–2120 MHz	2 x 10 MHz
8	HOBA01	Hobart	1920 MHz–1930 MHz	2110 MHz–2120 MHz	2 x 10 MHz
9	ADEL01	Adelaide	1930 MHz–1935 MHz	2120 MHz–2125 MHz	2 x 5 MHz
10	BRIA01	Brisbane A	1930 MHz–1935 MHz	2120 MHz–2125 MHz	2 x 5 MHz
11	CBRA01	Canberra A	1930 MHz–1935 MHz	2120 MHz–2125 MHz	2 x 5 MHz
12	DARW02	Darwin	1930 MHz–1935 MHz	2120 MHz–2125 MHz	2 x 5 MHz
13	HOBA02	Hobart	1930 MHz–1935 MHz	2120 MHz–2125 MHz	2 x 5 MHz
14	PERT01	Perth	1930 MHz–1935 MHz	2120 MHz–2125 MHz	2 x 5 MHz

Note: Columns 1 and 2 are included for information only. The auction system used for the purposes of the allocation determination may refer to the lot number and the lot name. The lot numbers begin at number 6 as other lots are being allocated through the allocation process set out in the allocation determination.

Schedule 2

Regions

Schedule 2—Regions

(section 5, paragraph 11(1)(a))

Schedule 3

Emission limits outside the area

Schedule 3—Emission limits outside the area

(subsection 18(2))

Schedule 4

Emission limits outside the band

Schedule 4—Emission limits outside the band

(subsection 18(3))

Schedule 5

Sample spectrum licence

Schedule 5—Sample spectrum licence

(section 21)

This Schedule sets out a sample spectrum licence, and the conditions that may be included in a spectrum licence, issued in the 2 GHz (unallocated lots) band, in accordance with this instrument.

View image in the official source

COMMONWEALTH OF AUSTRALIA

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Radiocommunications Act 1992

Sample Spectrum Licence for the 2 GHz (unallocated lots) band

Prepared under section 61 of the Radiocommunications Act 1992 (‘the Act’) in accordance with the

Radiocommunications Spectrum Marketing Plan (2GHz unallocated lots band) 2017

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Part 1—Preliminary

1 Name

This is the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017.

2 Commencement

This instrument commences on the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under section 39 of the Act.

4 Purpose of the instrument

5 Definitions

(1) In this instrument:

2 GHz band means the following frequency bands:

(a) 1920 MHz to 1980 MHz; and
(b) 2110 MHz to 2170 MHz.

2 GHz lot has the meaning given by subsection 4(1) of the allocation determination.

2 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:

(a) 1920 MHz to 1930 MHz and 2110 MHz to 2120 MHz in:
(i) Canberra B;
(ii) Darwin; and
(iii) Hobart;
(b) 1930 MHz to 1935 MHz and 2120 MHz to 2125 MHz in:
(i) Adelaide;
(ii) Brisbane A;
(iii) Canberra A;
(iv) Darwin;
(v) Hobart; and
(vi) Perth;

where each corresponding area is to be ascertained in accordance with subsection 5(2) of the designation notice.

Note: Each named area is also a region specified in Schedule 2.

Act means the Radiocommunications Act 1992.

advisory guidelines means one or both of the following:

(a) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 2 GHz Band) 2016; and
(b) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016.

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 http://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.

Canberra Deep Space Communications Complex or CDSCC refers to the complex housing numerous Earth stations located at Tidbinbilla in HCIS identifier MW4H6.

designation notice means the Radiocommunications (Spectrum Designation—2 GHz and 3.4 GHz Bands) Notice 2017.

first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.

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.

high altitude platform station or HAPS means a high altitude platform station, which is a station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth.

licence schedule means a schedule to the sample spectrum licence.

lot means a 2 GHz 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.

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.

RALI MS 32 means the RALI MS 32 Coordination of Apparatus Licensed Services Within the Mid West Radio Quiet Zone, published on the ACMA’s website at http://www.acma.gov.au.

region: see Schedule 2.

sample spectrum licence: see section 21.

spectrum space means a three dimensional space described by a frequency band and geographic area specified in a spectrum licence.

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:

(a) ACMA;
(b) apparatus licence;
(c) core conditions;
(d) frequency band;
(e) licensee;
(f) radiocommunications device;
(g) Register; and
(h) spectrum licence.

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.

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.

1 Name

This is the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017.

2 Commencement

This instrument commences on the day after it is registered.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under section 39 of the Act.

4 Purpose of the instrument

5 Definitions

(1) In this instrument:

2 GHz band means the following frequency bands:

(a) 1920 MHz to 1980 MHz; and
(b) 2110 MHz to 2170 MHz.

2 GHz lot has the meaning given by subsection 4(1) of the allocation determination.

2 GHz (unallocated lots) band means the following frequency ranges within the corresponding areas:

(a) 1920 MHz to 1930 MHz and 2110 MHz to 2120 MHz in:
(i) Canberra B;
(ii) Darwin; and
(iii) Hobart;
(b) 1930 MHz to 1935 MHz and 2120 MHz to 2125 MHz in:
(i) Adelaide;
(ii) Brisbane A;
(iii) Canberra A;
(iv) Darwin;
(v) Hobart; and
(vi) Perth;

where each corresponding area is to be ascertained in accordance with subsection 5(2) of the designation notice.

Note: Each named area is also a region specified in Schedule 2.

Act means the Radiocommunications Act 1992.

advisory guidelines means one or both of the following:

(a) Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 2 GHz Band) 2016; and
(b) Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016.

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 http://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.

Canberra Deep Space Communications Complex or CDSCC refers to the complex housing numerous Earth stations located at Tidbinbilla in HCIS identifier MW4H6.

designation notice means the Radiocommunications (Spectrum Designation—2 GHz and 3.4 GHz Bands) Notice 2017.

first and second rounds of the auction has the same meaning as in section 56 of the allocation determination.

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.

high altitude platform station or HAPS means a high altitude platform station, which is a station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth.

licence schedule means a schedule to the sample spectrum licence.

lot means a 2 GHz 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.

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.

RALI MS 32 means the RALI MS 32 Coordination of Apparatus Licensed Services Within the Mid West Radio Quiet Zone, published on the ACMA’s website at http://www.acma.gov.au.

region: see Schedule 2.

sample spectrum licence: see section 21.

spectrum space means a three dimensional space described by a frequency band and geographic area specified in a spectrum licence.

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:

(a) ACMA;
(b) apparatus licence;
(c) core conditions;
(d) frequency band;
(e) licensee;
(f) radiocommunications device;
(g) Register; and
(h) spectrum licence.

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 ot

This is an opening excerpt, not the complete document.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Preliminary

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Purpose of the instrument

5 Definitions

6 References to other legislative instruments and to other instruments or writing

7 References to frequency ranges

Name

1 Name

Commencement

2 Commencement

Authority

3 Authority

Purpose of the instrument

4 Purpose of the instrument

Definitions

5 Definitions

References to other legislative instruments and to other instruments or writing

6 References to other legislative instruments and to other instruments or writing

References to frequency ranges

7 References to frequency ranges

Simplified outline of this Part

8 Simplified outline of this Part

Parts of the spectrum

9 Parts of the spectrum

How licences will be allocated

10 How licences will be allocated

Lots for the auction

11 Lots for the auction

Advertising the auction

12 Advertising the auction

Taking part in the auction

13 Taking part in the auction

Simplified outline of this Part

14 Simplified outline of this Part

Issue of licences

15 Issue of licences

Commencement and duration of licences

16 Commencement and duration of licences

Core licence conditions

17 Core licence conditions

Determining core licence conditions

18 Determining core licence conditions

Other licence conditions

19 Other licence conditions

Registration of transmitters

20 Registration of transmitters

Draft sample licence

21 Draft sample licence

Compatibility requirements

22 Compatibility requirements

Simplified outline of this Part

23 Simplified outline of this Part

Registration of licences

24 Registration of licences

Third party use

25 Third party use

Trading in spectrum licences

26 Trading in spectrum licences

Agreements about emission limits

27 Agreements about emission limits

Spectrum licences that are about to expire

28 Spectrum licences that are about to expire

Re-issue of licence

29 Re-issue of licence