Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under section 86 and section 88 of the Radiocommunications Act 1992.
Dated 29th July 2015
Chris Chapman
[signed]
Member
 
 
Richard Bean
[signed]
Member / General Manager
 
Australian Communications and Media Authority
 
 
1              Name of Determination
                This Determination is the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015.
2              Commencement
                This Determination commences on the day after it is registered.
Note   All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au.
3              Revocation
                The Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 [F2005L02543] is revoked.
4              Purpose of Determination
                This Determination:
                (a)    sets out the rules for the trading of spectrum licences in particular cases where the assignor is Defence; and
               (b)    requires the provision of information about the assignment for the purpose of amending the Register.
Note   Under section 88 of the Act, the ACMA may determine rules for the assignment of spectrum licences and the circumstances in which licences can be varied, issued or cancelled to effect assignments.  Under section 86, the ACMA may require information about assignments for the purpose of amending the Register.
5              Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 — non-application to Defence
                The Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 does not apply to licences in the frequency bands listed in column 1 of Schedule 1 issued to Defence.
6              Definitions
                In this Determination, unless the contrary intention appears:
Act means the Radiocommunications Act 1992.
Defence means the Department of Defence.
Defence spectrum licence means a licence issued to Defence.
licence means a spectrum licence.
standard trading unit (or STU), in relation to a frequency band, means the unit of spectrum space specified in Schedule 1 for the band.
trade, in relation to a Defence spectrum licence, means assign or otherwise deal with the whole or a part of the Defence spectrum licence.
unit of spectrum space means a unit comprised of a geographic area and a bandwidth of frequencies.
Note   In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:
·         ACMA
·         Australia
·         frequency band
·         licensee
·         Register
·         spectrum licence
7              What may be traded
                Defence may trade the whole of a Defence spectrum licence.
Note   Trading in a Defence spectrum licence will not take effect before the trading is registered: see section 86 of the Act.
8              Restrictions on trading and rules about varying licences
         (1)   Subject to subsection (4), Defence may not trade a part of a Defence spectrum licence that is less than a standard trading unit.
         (2)   Without limiting the ACMA’s powers under section 87 of the Act, if Defence trades the whole or a part of a Defence spectrum licence, the ACMA may revoke any licence condition included in the licence that the ACMA considers was included specifically because the licence was issued to Defence.
         (3)   Defence may not trade a Defence spectrum licence for the purpose of providing security for a loan.
         (4)   Defence may request in writing that the ACMA vary a STU, for a particular Defence spectrum licensed frequency band listed in Schedule 1, in order to give effect to a trade.
         (5)   Subsection (4) does not, by implication:
                (a)    modify or alter the requirements in subsections (1) to (3); or
               (b)    limit the powers of the ACMA under the Act to make or vary spectrum licence conditions.
Note   To give effect to a trade the ACMA may vary a licence or the conditions of a licence, or issue or cancel licences: see section 87 of the Act.
9              Information to be given to the ACMA
                For subsection 86 (1) of the Act, the information to be given to the ACMA about the trade of a Defence spectrum licence must include the name and postal address of the person to whom the Defence spectrum licence is being traded.
Note 1   Section 86 of the Act requires parties to an assignment to give the ACMA such information about the assignment as the ACMA requires to amend the Register.
Note 2   The ACMA must make the changes to the Register that are necessary as a result of trading: see section 146 of the Act.
Schedule 1        Standard trading unit
(section 6, definition of standard trading unit)
  
                A standard trading unit for a frequency band mentioned in column 1 of an item in the table below is the unit comprised of the geographic area specified in column 2 of the item and the bandwidth specified in column 3 of the item.
 
 
Column 1
Frequency band
Column 2
Geographic  area
Column 3
Bandwidth

1
20.2 – 21.2 GHz
Whole of Australia
1 GHz

2
30 – 31 GHz
Whole of Australia
1 GHz