Radiocommunications (Spectrum Licence Allocation—Residual 700 MHz Spectrum) Direction 2016 (Cth)

Radiocommunications (Spectrum Licence Allocation—Residual 700 MHz Spectrum) Direction 2016

Australian Communications and Media Authority Act 2005 Radiocommunications Act 1992

I, MITCH FIFIELD, Minister for Communications, give the following direction.

Dated 11 December 2016

MITCH FIFIELD Minister for Communications

1 Name This is the Radiocommunications (Spectrum Licence Allocation—Residual 700 MHz Spectrum) Direction 2016.

2 Commencement (1) Except as provided in subsection 2(2), this instrument commences on the day after this instrument is registered on the Federal Register of Legislation. (2) Sections 9 and 10 commence on a single day fixed in a notifiable instrument made by the Minister for the purposes of this subsection.

3 Authority This instrument is made under: (a) subsection 14(1) of the ACMA Act; (b) subsection 60(10) of the Radiocommunications Act; and (c) subsection 294(2) of the Radiocommunications Act.

4 Interpretation (1) In this instrument: 2x10 MHz lot means the following parts of the spectrum: (a) 738 MHz to 748 MHz; and (b) 793 MHz to 803 MHz. 2x5 MHz lot means the following parts of the spectrum: (a) 733 MHz to 738 MHz; and (b) 788 MHz to 793 MHz. ACMA Act means the Australian Communications and Media Authority Act 2005. allocation procedures means any procedures that are determined under section 60 of the Radiocommunications Act. associate, in relation to a person, means: (a) for a body corporate: (i) a director or secretary of the body; or (ii) a related body corporate; or (iii) a director or secretary of a related body corporate; or (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or (b) for an individual: (i) the individual's spouse; or (ii) the individual's de facto partner (within the meaning of the Acts Interpretation Act 1901); or (iii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or (iv) a body corporate of which the individual is a director or secretary; or (v) a body corporate that is related to a body corporate of which the individual is a director or secretary; or (c) in any case—any other person (other than the ACMA) who has a relevant agreement with the person that: (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for residual 700 MHz spectrum in the designated area; or (ii) relates to the acquisition of a spectrum licence for residual 700 MHz spectrum in the designated area. carrier has the same meaning as in the Telecommunications Act 1997. charges determination means a determination that is made under subsection 294(1) of the Radiocommunications Act and that either fixes spectrum access charges payable by licensees for issuing spectrum licences for residual 700 MHz spectrum in the designated area, or specifies the times when those spectrum access charges are payable, or both. designated area means the area to which the re-allocation declaration applies, as described in subsection 4(2) of the re‑allocation declaration. marketing plan means any plan that is made under section 39A of the Radiocommunications Act in accordance with the re‑allocation declaration. public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997. Radiocommunications Act means the Radiocommunications Act 1992. radiocommunications device has the same meaning as in the Radiocommunications Act. re-allocation declaration means the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011. related body corporate has the meaning given by the Corporations Act 2001. relevant agreement means an agreement, arrangement or understanding: (a) whether formal or informal or partly formal and partly informal; and (b) whether written or oral or partly written and partly oral; and (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights, other than a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010. residual 700 MHz spectrum means the following parts of the spectrum: (a) 733 MHz to 748 MHz; and (b) 788 MHz to 803 MHz. roaming services agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by one carrier to use public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier's public mobile telecommunications services are not available. specified group of persons means an applicant for a spectrum licence and all associates of the applicant, or any 2 or more such groups of persons that have at least 1 member in common. spectrum licence has the same meaning as in the Radiocommunications Act. valid expression of interest means an expression of interest for a spectrum licence which may be allocated in accordance with section 10 and which complies with section 10 and any other requirements specified by the ACMA as contemplated by section 10. (2) In this instrument, a reference to a part of the spectrum includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency. (3) In this instrument, a figure expressed as $x/MHz/pop means a unit amount to be applied in accordance with this instrument to determine the reserve price or pre-determined price for the allocation of spectrum licences, where: (a) $x = an amount of Australian dollars; (b) MHz = the bandwidth of the part of the spectrum to be specified in a spectrum licence in which operation of radiocommunications devices is authorised; and (c) pop = 22,872,578.