Review of spectrum policy and management framework

The ACMA perspective

Giles Tanner

Radiocommunications Act 1992 (The Act); ACMA Act 2005; Radiocommunications (Transmitter

Licence Tax) Act;

Radiocommunications (Receiver Licence Tax) Act;

Spectrum Licence Tax) Act 1997;

Radcomms Taxes Collection Act;

Datacasting Charges legislation;

Other general Acts (LIA 2003; AIA 1901, etc.)

Other general Acts (LIA 2003; AIA 1901, etc.)

Acts of Parliament

Subordinate Instruments under the Act

Administrative Arrangements

 

Class licences

- Radiocommunications Assignment and Licensing Instructions- Administrative band plan and channel plans - Written procedures for issuing licences- Administrative policy documents- Spectrum embargoes- Specification documents- Spectrum management principles-  

ITU Radio Regulations

Declarations DirectionsRegulations

- THE GOVERNMENT -

(Spectrum licences)Conversion / Marketing plans

Determinations s.145Advisory Guidelines s.262

Designations/reallocation- THE MINISTER -

(Apparatus licences)LC Determinations

Technical standards

Spectrum plan (ARSP)- THE ACMA -

Frequency band plans (if any) – THE ACMA

A simplified view of the legal framework governing ACMA’s spectrum management

International Treaties

The Australian economy with and without mobile broadband (2006-2013)

1 200

1 250

1 300

1 350

1 400

1 450

1 500

2006 2007 2008 2009 2010 2011 2012 2013

GD

P (r

eal,

$bn)

Baseline GDP GDP without mobile broadband

$33.8 billion

Mobile sector productivity = $7.3 billionTime savings for businesses = $26.5 billion

Current impediments to spectrum regulation

> Multiplicity of licence types, with overlapping or incomplete processes and rules

o Inconsistent approaches to tenure, certainty of renewal and pricing

o Interaction processes between the political system and the spectrum regulator

o Managing coexistence of three licensing types

o Lack of flexibility to license some particular persons, apparatus or equipment

o Practical issues with the proliferation of, and over-reliance on, apparatus licence subtypes

Current impediments to spectrum regulation (continued)

> Limitations on the ability to facilitate (or mandate) institutional spectrum manager rights

> Limited systemic incentives for incumbent users to give up their spectrum to a potential higher value use

> Rigidities in the particular way broadcasting spectrum is required to be managed

> Changed compliance and enforcement environment

Questions