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 700 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:
10 MHz lot has the meaning given by subsection 4(1) of the allocation determination.
5 MHz lot has the meaning given by subsection 4(1) of the allocation determination.
700 MHz band means the following spectrum, in the geographic areas specified in the re-allocation declaration:
(a) 703 MHz to 748 MHz; and
(b) 758 MHz to 803 MHz.
700 MHz lower band means the frequency range 703 MHz to 748 MHz in the geographic areas specified in the re-allocation declaration.
700 MHz (unallocated lots) band means the following spectrum, in the geographic areas specified in the re-allocation declaration:
(a) 733 MHz to 748 MHz; and
(b) 788 MHz to 803 MHz.
Note 1: The 700 MHz (unallocated lots) band is a subset of the 700 MHz band.
Note 2: In the residual 700 MHz spectrum direction, the 700 MHz (unallocated lots) band is referred to as the residual 700 MHz spectrum in the designated area.
700 MHz upper band means the frequency range 758 MHz to 803 MHz in the geographic areas specified in the re-allocation declaration.
Section Part 1 - Radiocommunications Spectrum Marketing Plan (700 MHz unallocated lots band) 2016 - Preliminary | Zoe
Act means the Radiocommunications Act 1992.
advisory guidelines means either, or both, of the following:
Note: The advisory guidelines are registered on the Federal Register of Legislation.
affected area has the meaning given by paragraph (6)(b) of Part 1 of Schedule 4.
allocation determination means the Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016.
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, as existing from time to time.
balance of the upfront pre-determined price has the meaning given by subsection 4(1) of the allocation determination.
balance of the upfront winning price has the meaning given by subsection 4(1) of the allocation determination.
delayed pre-determined price has the meaning given by subsection 4(1) of the allocation determination.
delayed pre-determined price bank guarantee has the meaning given by subsection 4(1) of the allocation determination.
delayed winning price has the meaning given by subsection 4(1) of the allocation determination.
delayed winning price bank guarantee has the meaning given by subsection 4(1) of the allocation determination.
first auction instalment has the meaning given by subsection 4(1) of the allocation determination.
first instalment has the meaning given by subsection 4(1) 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.
harmful interference means interference that:
(a) endangers the functioning of a radio-navigation service or other safety services; or
(b) seriously degrades, obstructs or repeatedly interrupts a radiocommunications service.
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.
horizontally radiated power, for a radiocommunications device, means the sum of:
(a) the maximum true mean power, in dBm, per specified rectangular bandwidth at the antenna connector that is located within the frequency band of the licence authorising the operation of the radiocommunications device; and
(b) the antenna gain relative to an isotropic antenna in a specified direction in the horizontal plane containing the phase centre of the antenna used with the device, in dBi.
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 has the meaning given by subsection 4(1) of the allocation determination.
Note: See also subsection 11(1) of this instrument and subsection 8(4) of the residual 700 MHz spectrum direction.
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.
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.
pre-determined price has the meaning given by subsection 4(1) of the allocation determination.
re-allocation means the re-allocation of spectrum by the issue of spectrum licences in accordance with the re-allocation declaration.
re-allocation declaration means the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011.
region: see subsection 11(2).
residual 700 MHz spectrum direction means the Radiocommunications (Spectrum Licence Allocation–Residual 700 MHz Spectrum) Direction 2016.
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.
transmitter site means the site from which a transmitter is authorised to operate under the relevant apparatus licence.
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.
Note: A number of other expressions used in this instrument are defined in the Act, including the following:
6 References to other legislative instruments, 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.