There has been a flurry of spectrum-related activities, with the regulator consulting on expiring licences alongside its plan for the use of new frequencies
A significant amount of spectrum could be reallocated
On 21 March 2024, the Australian Communications and Media Authority (ACMA) issued a public discussion paper on the future use of the country’s spectrum resources. Many of the current 20-year licences issued to major operators are set to expire between 2028 and 2032. This spectrum – which is mainly used to provide mobile telecoms services – spans the 700MHz, 850MHz, 1,800MHz, 2GHz, 2.3GHz, 2.5GHz and 3.4GHz bands. Under law, it may be renewed, partially renewed or refused to be renewed. ACMA considers the expiry of these licences a critical issue facing the sector over the coming decade and is seeking input from stakeholders on:
Approaches to examining use under existing spectrum licences;
Issues around resilience and temporary disaster responses that arise in the context of spectrum licences and the expiry process;
Analysis or evidence on uses of frequency bands that are conducive to promoting the long-term public interest; and
The effectiveness of rollout obligations to achieve improved coverage and of use it or lose it (UIOLI) and use it or share it (UIOSI) conditions to achieve more efficient use of the spectrum, plus any evidence on the practical implications of applying them.
ACMA will consider the benefits of alternative users and uses
With spectrum a finite resource, ACMA states that it manages with the aim of delivering the most effective social, technological and economic outcomes. It is therefore looking to start its review now, well ahead of the expiry dates and by gathering as many views as possible. ACMA recognises that this is not a “greenfields exercise” with the use of some frequency bands for a particular service, such as mobile broadband, not in contention. However, with around three-quarters of long-term spectrum licences expiring, the regulator believes it is timely to consider whether there is potential to enhance competition and provide more choice for consumers. It is seeking information from incumbent licensees about their past, current and future uses of the spectrum they hold. Prospective alternative users are encouraged to outline how their use of spectrum covered by expiring spectrum licences (ESLs) could enhance a range of outcomes, including encouraging competition, promoting efficiency and innovation, and improving services in regional, rural and remote Australia. As ACMA works through this process, it will be guided by the public interest objectives of the Radiocommunications Act and ministerial policy statements. It will also consider factors such as whether the use of spectrum is efficient, promotes investment, coverage and innovation, and enhances competition.
The Government is consulting on its policy priorities
ACMA will release its preliminary views on long-term options for the spectrum in question in late 2024. In the meantime, the Department of Infrastructure, Transport, Regional Development, Communications and the Arts is consulting on a draft Ministerial policy statement that specifies five policy objectives that the regulator should consider in making decisions in the ESL process:
Supporting service continuity for end users, particularly where no alternative service is available;
Opportunities for new entrants and use cases, including for low earth orbit satellites;
Connectivity and investment in regional areas to deliver improved services to consumers and end users;
Promoting competition; and
Capacity for sustained investment and innovation.
Responses to the consultation can be submitted until 12 April 2024.
Assessing competing demands for the upper 6GHz band
ACMA is simultaneously consulting on its proposed five-year spectrum outlook (FYSO) for the 2024-2029 period, with submissions welcome until 22 April. The document sets out the regulator’s plan for the future management of Australia’s spectrum assets, including its intention to make more frequencies available for 5G and for satellite technologies – both of which the regulator considers could play a key role in supporting greater network coverage and connectivity. The draft FYSO also looks at potential use of the upper 6GHz band, which is growing in importance internationally for 5G and Wi-Fi, with “strong and divergent views” on its most appropriate application. With significant merit to either use, the regulator is moving to the preliminary planning stage in order to come to a timely decision on the future use of this spectrum.
