Review of licensing arrangements in the 27 GHz bandConsultation paperAUGUST 2014

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1. Executive summary 1

2. Introduction 2

3. Reasons to review arrangements in the band 53.1 Regulatory context 53.1.1 Spectrum and apparatus licensing 53.1.2 Current licensing arrangements 73.2 Technical properties and licensing arrangements 83.2.1 Current underutilisation 83.2.2 Changing demand for use of the band 11

4. Future arrangements for the band 134.1 Option 1—retain spectrum licensing 134.1.1 Technical aspects of spectrum licensing 134.1.2 Regulatory aspects of spectrum licensing 144.1.3 ACMA preliminary view 144.2 Option 2—revert to full or partial apparatus licensing 154.2.1 Technical aspects of apparatus licensing 154.2.2 Regulatory aspects of apparatus licensing 164.2.3 ACMA preliminary view 164.2.4 Partial introduction of apparatus licensing 164.2.5 Consultation on proposed recommendation to the minister 174.3 Pricing arrangements 184.4 The principles for spectrum management 18

5. Summary of the options 21

6. Implementation processes 226.1 Option 1—retain spectrum licences 226.2 Option 2—revert band to apparatus licensing 226.3 High-level timeline of key steps for both options 23

7. Invitation to comment 26Making a submission 26

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1. Executive summaryThe 26.5–27.5 GHz frequency range (the 27 GHz band) is currently subject to spectrum-licensed arrangements Australia-wide. The technical arrangements for the band were originally optimised to support the deployment of Local Multipoint Distribution Services (LMDS). LMDS was an emerging technology at the time supported by international allocations in the US, and countries throughout Latin America, the Middle East and Asia. However, LMDS did not experience the expected significant international deployment, while equipment costs remained high. As a result, the LMDS technology has not been widely adopted and use of the spectrum licences in Australia across the 15-year licence period has been light. Currently, the main spectrum-licensed use of the band is by a limited number of Earth stations in support of Ka-band satellite services.

Spectrum licences in the band are due to expire on 17 January 2016. Preliminary analysis indicates that the band is currently underutilised and that demand for access to the band by a range of services and licensees is increasing. This is putting pressure on current arrangements in the band in Australia.

The ACMA considers that the approaching expiry of spectrum licences provides an excellent opportunity for the ACMA and stakeholders to review the most appropriate technical and licensing arrangements for the 27 GHz band.

The objective of the review is to identify the licensing arrangements which will maximise the overall public benefit and derive the highest value use from the spectrum. The ACMA also considers it important to provide certainty to the incumbent spectrum licensees in the band.

The ACMA is concerned that the band’s current licensing arrangements may not provide sufficient flexibility to address the current underutilisation and demand. This paper therefore identifies a number of options for the future licensing arrangements. These options include both spectrum licensing and apparatus licensing arrangements.

The ACMA has formed the preliminary view that reverting to apparatus licensing might be the best way to accommodate the range of prospective licensees and technologies that are likely to be high-value users of the 27 GHz band.

This consultation paper outlines the information that has led the ACMA to form this view, and invites stakeholder commentary on matters relevant to future arrangements in the 27 GHz band.

The ACMA emphasises that this paper only reflects the ACMA’s preliminary view. Stakeholder views will be a key element in the ACMA’s consideration of future licensing arrangements in the band.

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2. IntroductionSpectrum licences in the 26.5–27.5 GHz band (the 27 GHz band) are approaching the end of their 15-year licence period and will expire on 17 January 2016. This band is one of a number of bands in which spectrum licences will expire in the next few years. The ACMA has published a work plan on its website and in the Five-year Spectrum Outlook, outlining time frames for considering issues associated with expiring spectrum licences.1 Part of the ACMA’s work plan includes the review of regulatory and technical arrangements for the 27GHz band to determine their overall effectiveness for the next spectrum-licensed period. This includes reviewing the existing licensing arrangements to ensure that they meet the future expectations and requirements of the band.

The 27 GHz band is spectrum-licensed on a nationwide basis. The current spectrum licence holders in the band include Optus (under the name Xyzed), iPSTAR and NBN Co Limited (NBN Co). The table below identifies the quantum and location of the spectrum acquired by the three licensees.

Table 1: 27 GHz spectrum holdings

Lower(GHz)

Upper(GHz)

Regional/Remote SA,Regional/Remote WA

Regional Remote Vic, NT, East Coast of Australia

Perth, Tasmania, Regional East Australia

26.5 26.85 Residual

26.85 27.35 Optus (Xyzed)

27.35 27.5 iPSTAR Residual NBN

The 27 GHz band is subject to the Radiocommunications (Class of Services) Determination 2012 (the Class of Services Determination) and the Radiocommunications (Spectrum Access Charges) Direction 2012 (the SAC Direction) made on 10 February 2012. The ACMA has commenced a review of the regulatory and technical arrangements in the 27 GHz band with the objective that any future arrangements are to enable the band to meet its highest value use in order to derive the greatest overall public benefit.

The ACMA is considering changing the licensing arrangements in the 27 GHz band from spectrum licensing to apparatus licensing.

The ACMA has identified two broad options for future arrangements in the band: > Option 1: retain spectrum licensing> Option 2: revert to apparatus licensing (full or partial).

Option 1 would allow:> reallocation of spectrum licences via a price-based allocation process> reissue of spectrum licences to incumbent licensees in accordance with subsection

82(1) of the Radiocommunications Act 1992 (the Act)> a combination of both.

1 The timetable for considering expiring spectrum-licensed bands is on the ACMA’s website.

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Option 2 would allow the introduction of apparatus licensing arrangements in the bands. If only partial revocation occurred, then in those parts of the bands where spectrum licensing remained, reallocation or reissue could occur, as per Option 1.

The ACMA’s preliminary preferred position is Option 2. This is consistent with analysis against the Principles for spectrum management set out in Chapter 4. In addition to the principles, the ACMA considers a range of factors—as identified in its spectrum management decision framework—when making decisions about the use of spectrum.

Figure 1 Spectrum management decision framework

Note: This proposal is at the ‘public consultation’ stage of the ACMA’s spectrum management decision framework.

For example, in developing its preferred position, the ACMA has considered: > Current usage demonstrated in the band via device registrations. > Increased interest domestically in using the 26.5–27 GHz portion of the band for

space research and Earth exploration satellite services. Examples include the licences issued under special circumstances.

> Increased worldwide interest in using the 27–30 GHz band to deliver satellite broadband services.

> The outcome of the ACMA’s consultation process for the review of the 28 GHz spectrum-licensed band. The 28 GHz band is directly adjacent to the 27 GHz band and shares a number of similarities in regard to the types of services and diversity of operators interested in accessing the band. Submissions to this process largely expressed support for change to the regulatory arrangements to enable increased access to the band by bandwidth-intensive services provided by a variety of different operators. These included satellite, space research and fixed services.

This consultation paper invites interested parties to provide views to the ACMA on what might be the most appropriate future arrangement for the 27 GHz band.

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To assist interested parties in providing submissions to the ACMA, and to explain why the ACMA has formed its preliminary view, this paper:> describes the rationale for implementing a review of the arrangements in the

27 GHz band—including an explanation of the regulatory context, evidence of current underutilisation of the band, and evidence of how demand has changed since the original allocation

> discusses the extent to which Option 1 and Option 2 might each maximise the overall public benefit derived from use of the band.

This consultation paper invites interested parties to provide views to the ACMA on what might be the most appropriate future arrangements for the 27 GHz band.

If, following consideration of the responses to this paper, the ACMA remains of the view that reverting to apparatus licensing is the most appropriate future arrangement for the bands, the ACMA would recommend to the minister that he make a revocation notice for the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000 (31 May 2000) (the Designation notice) that currently designates the 27 GHz band for spectrum licensing. This paper provides information on the substance of such a recommendation (see Chapter 4 for details). This paper also gives stakeholders the opportunity to make representations to the ACMA on this recommendation.

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3. Reasons to review arrangements in the band

The approaching expiry of spectrum licences in the 27 GHz band provides the ACMA with an opportunity to review the existing arrangements in the band and consider whether current arrangements are effective in enabling spectrum to move to its highest value use.

The ACMA’s preliminary analysis indicates that the current arrangements have led to underutilisation of the spectrum. In addition, at the international level, demand for access for services that are not well supported by the current technical and regulatory framework is beginning to appear. This evidence was also available at the time the ACMA formed its view on the future arrangements for the 28 GHz band.

This chapter explains the regulatory context surrounding expiring spectrum licences in the 27 GHz band. It also explains the situations in which apparatus licensing and spectrum licensing are generally optimal. Further, it explores technical issues, including evidence of current underutilisation in the bands, changing demand and potential complexities created by having different licensing arrangements across the 27 and 28 GHz bands.

3.1 Regulatory contextSpectrum licences can be issued for a period of up to 15 years. Under the Act, the ACMA is responsible for managing the administrative process for expiring spectrum licences. This includes the reissue or reallocation of these licences in a number of bands. It also includes reviewing arrangements in each band, as licences approach expiry, to ensure they are still relevant.

Many of the bands in which expiring spectrum licences exist were included in the Class of Services Determination, making them eligible for reissue consideration under paragraph 82(1)(a) of the Act.2 The 27 GHz band is one of those bands included in the Class of Service Determination for the provision of satellite services and may be subject to reissue.

Before a spectrum licence is reissued, the ACMA must be satisfied that the licence-holder has met the requirements of subsection 82(1) and pay a spectrum access charge (SAC) for the licence. This is essentially the fee for a spectrum licence. The quantum specified in the SAC Direction payable for the 27 GHz band is $0.00214/MHz/pop.

The ACMA will consider the impact these directions have during the review process. Responsibility for any decision to reissue a spectrum licence remains with the ACMA. Therefore, there is discretion available to the ACMA if undertaking a reversion process encourages efficient and innovative use of the spectrum to derive the maximum public benefit.

3.1.1 Spectrum and apparatus licensingIn general, the Act provides that the operation of a radiocommunications device must be authorised by a licence. There are currently three systems of radiocommunications

2 Paragraph 82(1)(a) of the Act provides that a licence may be reissued if it is included in a Class of Services Determination and the ACMA is satisfied that the licence was used in the provision of a service specified in that determination.

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licence—apparatus, spectrum and class licences. The typical uses of each licensing system are:> apparatus licensing—use of individual devices, usually on a site-specific basis> spectrum licensing—use of a specified frequency range in a defined geographical

area

> class licensing—broad spectrum access arrangements that are open to all users.3

Apparatus licensingApparatus licences authorise the operation of radiocommunications devices under specific technical conditions of use, such as frequency, power and geographical area. Spectrum use under apparatus licences is typically site-specific, but there are instances of nomadic Australia-wide use and area-wide systems use. Licences are usually issued over the counter for administratively determined prices, but may be auctioned when there is competing demand.

While apparatus licences can be thought of as providing exclusive access for a particular frequency at a particular location, this approach effectively enables multiple systems to coexist within close spectral and geographic boundaries. Such arrangements are coordinated, in order to achieve a planned outcome that can accommodate a number of users.

Spectrum licensingSpectrum licences authorise the operation of radiocommunications devices within a ‘spectrum space’ defined by bandwidth, geographic area and time. Licensees can operate any type of equipment for any purpose under the licence, provided they comply with the licence conditions and technical frameworks designed to manage the risk of unacceptable levels of interference to other spectrum users.

Spectrum licences can be issued for up to 15 years. This form of licensing is typically characterised as an exclusive access model, although recent amendments to the Act provide for the introduction of class licences within spectrum-licensed space.

The ACMA’s experience is that both apparatus and spectrum licences are very useful regulatory mechanisms. However, that experience also suggests that the two licence types are best deployed in different circumstances.

Optimal conditions for apparatus licensingThe ACMA’s experience indicates that apparatus licensing is most appropriate for services and applications that generally satisfy the following conditions:> there are a large numbers of possible users, particularly in the same area> different services with significantly different characteristics share a band> close coordination between users is needed> most users only want one site or a small access area> most users only want one or a few channels> users require some guarantee of protection from unacceptable levels of

interference, in order to design a system to deliver a desired quality of service that is only possible in a managed interference environment

> a database of spectrum users is needed for planning, coordination and interference investigations

> users seek spectrum as a business enabler rather than as a large part of their operations, so they prefer the simplicity of a planned environment

3 Class licensing is not discussed further in this paper; however, more information is available on the ACMA website.

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> the ACMA is well-placed to make a judgement about the highest value use, or the mix of uses that represents the highest value

> there is little or no excess demand> demand for access is expected to build slowly over time.

Under these conditions, apparatus licensing can achieve desirable outcomes. Importantly, it enables many diverse users to share spectrum in very technically efficient ways.

Optimal conditions for spectrum licensingThe ACMA’s experience is that spectrum licensing is likely to be the most successful approach when:> individual users need large contiguous blocks of spectrum> individual users need large licence areas> all likely future high-value uses can be accommodated in a single technical

framework> potential future spectrum licensees have the resources and technical capability to

understand licence terms and adhere to technical requirements.

The successful use of spectrum licensing, under the conditions described above, has enabled strong technical efficiency and efficient deployment of area-wide and Australia-wide mobile telephony and broadband networks, with limited government involvement. The technical flexibility and exclusivity of spectrum licences has allowed licensees to update technology when required and deploy large networks with certainty of protection from unacceptable levels of interference.

The ACMA considers that this experience of apparatus and spectrum licensing is useful in its review of arrangements in the 27 GHz band.

3.1.2 Current licensing arrangements The 27–30 GHz band forms the uplink (Earth-to-space) segment of the Ka-band used by fixed satellite services (FSS). The 27–27.5 GHz portion of this band is currently encompassed in the 27 GHz spectrum licence band. As at 1 February 2014, the adjacent 27.5–28.35 GHz (28 GHz) band moved from a spectrum licensing to an apparatus licensing regime. This means FSS access to the 27.5–30 GHz portion of the Ka-band uplink segment is via a combination of apparatus licensing for gateway earth stations and class licensing for ubiquitous terminal deployments. However, access to the spectrum-licensed 27 GHz band is limited to either existing licensees or operators that can negotiate third-party access arrangements. Alternatively, prospective operators would need to acquire the spectrum through trade.

Similarly, the 25.5–27 GHz frequency range is allocated for use by Earth exploration-satellite (space-to-Earth) and space research (space-to-Earth) services. The band is also subject to footnote AUS 87 in the Australian Radiofrequency Spectrum Plan, which nominates use of the band by a number of radioastronomy facilities. Access to the 25.5–26.5 GHz frequency range by these services is via apparatus licensing arrangements. Again, access to the spectrum-licensed 27 GHz band is limited to either existing licensees or operators that can negotiate third-party access arrangements. Alternatively, prospective operators would need to acquire the spectrum through trade.4

4 It is noted that apparatus licence can be (and have been) issued to specific space research services operating in the 26.5–26.85 GHz portion of the 27 GHz spectrum licence band. This was done under subsection 105(2) of the Radiocommunications Act 1992.

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From a licensing perspective, it is preferable that access to spectrum by a particular service be via the same licensing mechanism. Services that are required to access spectrum under both spectrum- and apparatus-licensing arrangements are more likely to undergo a complicated process to access the spectrum. This is due to issues such as obtaining third-party access (potentially from more than one party) and negotiating a relaxation to the out-of-band core condition requirement at the spectrum/apparatus licence frequency boundary. These issues are complicated further by the generally large bandwidths required by services operating in these bands.

3.2 Technical properties and licensing arrangementsWhen seeking to create regulatory arrangements which promote the highest value and efficient use or uses for bands, consideration is given to the technical properties of the particular portion of the radiofrequency spectrum being licensed. The technical characteristics of higher frequency bands differ from that of lower frequency bands and may lend themselves to different licensing arrangements as a result.

For example, spectrum licensing arrangements are well-suited in lower frequency bands where services covering large geographic areas are deployed and coexistence between similar services (in the same spectrum space) is difficult to achieve due to coordination requirements. Spectrum licensing under these conditions can result in significant improvements in spectrum utilisation compared to apparatus licensing. Spectrum licensing allows a single licensee to manage interference in their own spectrum space and deploy high-density services where required. In lower frequency bands, coexistence with another operator in the same spectrum space can be inefficient and impractical because of the risk of significant interference.

In higher frequency bands, like the 27 GHz band, the directionality of antennas and higher propagation losses reduce the risk of interference. This means multiple services can operate in close proximity, and even at the same site, without causing unacceptable interference to one another. These conditions also allow multiple operators to deploy services in the same area using the same spectrum, without a significant risk of unacceptable interference, when appropriate sharing arrangements are implemented. In these circumstances, apparatus licensing may enable greater spectrum utilisation than spectrum licensing.

Issues associated with existing licensing arrangements, technical properties of the 27 GHz band, the types of services deployed to date, and changing demand in the band are discussed in the following subsections.

3.2.1 Current underutilisation The technical framework for spectrum licences in the 27 GHz band was optimised to support the introduction of Local Multipoint Distribution Services (LMDS). LMDS is a broadband wireless technology capable of providing local loop services, high-speed internet and a range of advanced multimedia services. LMDS was an emerging technology in the late 1990s at the time, supported by international allocations in the US, and countries throughout Latin America, the Middle East and Asia. However, LMDS did not experience the expected significant international deployment and equipment costs remained high. As a result, the LMDS technology has not been widely adopted and use of the spectrum licences in Australia across the 15-year licence period has been light.

In 2011, the ACMA agreed with requests from existing licensees to vary spectrum licences in the 27 GHz band to support the deployment of Earth stations in support of satellite services.

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Data from the Register of Radiocommunications Licences (RRL) provides the ACMA with an indication of the level of utilisation of a band.5 Analysis of this data from February 2014 shows that there are currently 41 device registrations in the 27 GHz band spectrum licences (see Table 2). This small number of device registrations is relatively unusual in spectrum-licensed bands. This is especially the case when comparing the number of device registrations in other spectrum-licensed bands, using data extracted from the RRL.

Table 2: Device registrations in spectrum-licensed bands as of February 2014

Band Number of device registrations

800 MHz 41,835

1800 MHz 57,571

2 GHz 151,238

2.3 GHz 20,307

3.4 GHz 1,024

27 GHz 41

Not all the spectrum-licensed bands in Table 2 are allocated on a nationwide basis, yet the number of registrations is significantly larger than in the 27 GHz band. Of the 41 device registrations in the 27 GHz band, 35 are held by Optus and six by iPSTAR.6 Twenty-four of the registrations were made under Optus licences in the year the spectrum licences were allocated (2000). The remaining 17 registrations were made under both iPSTAR and Optus licences in 2005 at two locations—Kalgoorlie and Broken Hill.

In addition, even though the 27 GHz band is spectrum-licensed Australia-wide, device registrations in the band are concentrated only in major centres and some regional areas—see Figure 2.

5 There are requirements for licensees to register devices operated under a spectrum licence, for relevant transmitters this is required before operation commences. However, the existence of a device and registration does not necessarily mean that a service has been brought into operation or that a service is still operating.6 In addition to these 41 device registrations, there are 10 apparatus licences relevant to this band—two uplink fixed satellite services (FSS) Earth stations and eight Radiodetermination – Body Scan services located at Australia’s main international airports.

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Figure 2: Device registrations—27 GHz, as of 1 February 2014

The relatively small number, and the limited geographic locations in which devices have been registered in the 27 GHz band, suggest there is a current underutilisation of the band. There are a number of reasons why this may be the case. Clearly, the fact that the technical framework was optimised for a technology that has not yet seen significant development internationally is one important factor.

The frameworks which support spectrum licences are designed to be technology flexible. While they may be optimised for a specific service or technology, they are capable of supporting a range of different applications. Spectrum licences can be understood as essentially allowing the licence-holder to deploy any kind of technology they like, providing that they comply with technical restrictions, which are designed to prevent unacceptable interference to neighbouring licensees.

Spectrum licences in the 27 GHz band cover large areas of Australia and have very large bandwidths (when compared to other spectrum licence bands). This means that there is significant opportunity to make use of geographic and frequency separation between different licences in order to manage interference. In addition to this, the propagation characteristics and typically narrow beamwidth antennas used (unless LMDS is deployed), allow multiple services operated by different licensees to be deployed in close proximity, without causing unacceptable interference to one another.

This means that, despite the technical framework for the 27 GHz band originally being optimised for LMDS, it is possible to deploy other kinds of services, without causing unacceptable interference. Yet, based on the evidence of device registrations, this has not occurred. As discussed in the next section, the ACMA considers that this may be because technologies suited to the bands are only now emerging internationally. That

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is, the bands are currently underutilised because there has been little equipment available to deploy in these bands and, consequently, little demand for access to them.

The ACMA therefore considers that the 27 GHz band is currently underutilised. This is partially because the technical framework was optimised for a technology that did not develop as extensively as initially expected. More importantly, however, the technology and demand for other uses of the band have only recently begun to emerge.

Issue for comment 1: The ACMA invites stakeholder comments on its preliminary view that the 27 GHz band is currently underutilised.

3.2.2 Changing demand for use of the bandThe Australian Radiofrequency Spectrum Plan 2013 allocates: > the 26.5–27 GHz portion of the 27 GHz band to the Earth exploration satellite

services (EESS) (space-to-Earth), fixed, inter-satellite, mobile and space research (space-to-Earth) services (SRS) on a primary basis

> the 27–27.5 GHz portion of the 27 GHz band to fixed, mobile and fixed satellite (Earth-to-space) services on a primary basis.

Footnote AUS87 also applies to the 26.5–27 GHz portion of the 27 GHz band. This footnote identifies radioastronomy facilities that may use the band across Australia.

The ACMA has identified that current emerging demand is characterised by users seeking access to deploy a mix of fixed, satellite and space services and commercial and non-commercial satellite services and this demand will increase over time. Examples may include EESS, SRS, fixed satellite services (FSS) and body scanners. This mix of services and prospective licensees is not readily accommodated under the current technical and licensing arrangements.

This change in demand is similar to that experienced internationally in the 28 GHz band and explained by the ACMA in its consultation paper on the proposed change to licensing arrangements for the 28 and 31 GHz bands.7

International regulators such as the FCC, Ofcom and Industry Canada have not auctioned long term spectrum licences in the band, for example: > Industry Canada uses 25.25–28.35 GHz for the provision of non-LMDS

technologies, such as fixed satellite services, EESS, SRS and standard frequency and time signal-satellites.

> Ofcom uses the range 24.05–27.7 GHz for a number of services including Automotive Short Range Radar and Radar Level Gauges under a licence exempt basis and fixed point-to-point links.

Like many services in higher radiofrequency bands, fixed services and FSS are typically characterised by highly directional antenna systems with a strong ability to discriminate against external sources of interference. In the case of satellite services, interference can be further managed because Earth stations point skyward rather than horizontally and have beamwidths significantly less than the elevation angles of the Earth station antenna. In the 27–27.5 GHz portion of the 27 GHz band, Earth stations accessing FSS are limited to transmit-only, with the associated receivers operating in the frequency range 17.7–21.2 GHz. The development of appropriate coordination

7 http://www.acma.gov.au/Citizen/Take-action/Consultations/Completed/ifc-32013-possible-changes-to-future-arrangements-in-the-2831-ghz-bands www.acma.gov.au

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arrangements would allow very close siting of fixed services and satellite Earth stations in the 27 GHz band without causing unacceptable interference.

FSS systems being deployed in the Ka-band (which includes the 27 and 28 GHz bands) are characterised by their large operational bandwidths. This bandwidth is divided for use by gateway links, as well as user terminal communications. However, despite the large amount of spectrum used, the opportunity for spectrum reuse is high between different satellite operators. Sharing of the spectrum is provided by placing satellites in different orbital ‘slots’. The antenna discrimination from Earth station antennas pointing in different directions allows the same spectrum to be reused in the same area.

Issue for comment 2: The ACMA invites stakeholder views on future use of the band.

In particular, information on any emerging services in the band, which the ACMA has not identified, would assist the ACMA in its consideration of appropriate future arrangements.

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4. Future arrangements for the band

Based on the discussion in the previous chapter, the ACMA considers that the current arrangements in the 27 GHz band do not readily encourage the band to move to its highest value use. The previous chapter highlighted emerging evidence of changing use of the band, explained how the current spectrum licensing regime contributes to underutilisation in the band, and the complexity derived from trying to deploy services across both spectrum and apparatus licensing arrangements.

After carefully considering these issues, the ACMA has formed the view that it is appropriate to review arrangements in the band. The ACMA has identified two broad options for future arrangements:> Option 1—retain spectrum licensing. This option entails retaining the existing

spectrum licensing regime but reviewing the technical framework that underpins the licences.

> Option 2—revert to full or partial apparatus licensing. This option would involve changing the licensing framework for the 27 GHz band so that, when the current spectrum licences expire, the bands would be become subject to an apparatus-licensing regime. There is also scope to retain partial spectrum licensing in identified frequency or geographic segments of the band.

A discussion of the two options follows, including a broad outline of the steps necessary to implement either option. In exploring these options, the ACMA has also taken into consideration:> the degree to which each option provides long-term certainty and flexibility to

incumbent spectrum licensees > information discussed in the previous chapter> the extent to which each option addresses the Principles for spectrum

management (the principles) and maximises the overall public benefit derived from use of the band.8

4.1 Option 1—retain spectrum licensingThere are two major aspects—technical and regulatory—to retaining spectrum licensing in the 27 GHz band. This section discusses both.

4.1.1 Technical aspects of spectrum licensing If spectrum licensing is to be retained in the 27 GHz band, it would be necessary to review the existing technical framework. This is required to ensure the framework provides sufficient flexibility for licensees to deploy current and emerging technologies, while adequately managing interference to and from other services. This is the approach that the ACMA is taking in other spectrum-licensed bands in which spectrum licences are approaching expiry.9

In the 27 GHz band, the ACMA would need to review all aspects of the existing technical framework to ensure it remains flexible and adequately manages interference. This would reflect changes in technology, as well as the changing demand for services, over the last 15 years. The new framework would be intended to

8 More information on the Principles for spectrum management is available on the ACMA website. 9 Expiring spectrum licences.

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better accommodate changes in technology and use of the band over the next spectrum licence period.

4.1.2 Regulatory aspects of spectrum licensing As well as the development of new technical frameworks, the ACMA would need to consider a number of regulatory aspects associated with the retention of existing spectrum licensing arrangements.

The Act provides that, at expiry, spectrum licences are usually reallocated via a price-based allocation process. Only in particular circumstances can licences be reissued to incumbent licensees. As discussed earlier, spectrum licences in the 27 GHz band may only be reissued to the incumbent licensee, subject to the requirements of subsection 82(1) of the Act, if the ACMA is satisfied that either: > the licence was used in the provision of a service included in a class of services

specified in the Class of Service Determination; or> there are special circumstances that make it in the public interest for the licensee to

continue to hold the licence.

In the case of the 27 GHz band, the class of service is ‘satellite services’.

The ACMA notes that reissue processes are discretionary. Even if the ACMA considers that the requirements of subsection 82(1) of the Act have been met, it may choose not to offer a licensee a reissued spectrum licence. The ACMA may also choose to offer a licensee a reissued licence with substantially different conditions to the original licence. For example, the licence may have different technical conditions to the original licence; or cover a different geographic area; or relate to a different part of the radiofrequency spectrum.10

Any spectrum that is not included in a reissued spectrum licence would be subject to a price-based allocation, such as an auction.

4.1.3 ACMA preliminary viewThe geographic area covered by a spectrum licence is usually relatively large. This arrangement allows a single licensee to manage interference in their own spectrum space and deploy high-density services where required. However, the 27 GHz band may not be well served by spectrum licences held by a single entity with large licence areas, for the following reasons: > the mix of different operators likely to deploy services > the mix of services currently deployed and anticipated to emerge> the ability for many of these services to coexist using the same or adjacent

spectrum in the same area.

Under a spectrum licence regime, prospective operators that do not hold spectrum licences in a band need to negotiate third-party access to the band, with relevant spectrum licensees in order to deploy services. In the case of the 27 GHz band, where it is expected a variety of services could be deployed by an increasing number of operators, the third-party access regime may not readily enable the band to achieve its highest value use or uses.

This is further complicated by generally large bandwidths required by services operating in and around the 27 GHz band. In order to deploy a commercially viable service, operators may require access to spectrum in the 27 GHz spectrum licence

10 The geographic or spectral area would need to have been included in the relevant reallocation determination or designation notice. That is, the ACMA could not, for example, reissue a 28 GHz band spectrum licence in the 3.4 GHz band.

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band and the adjacent apparatus licence spectrum. Services that are required to access spectrum under both spectrum and apparatus licensing arrangements are more likely to undergo a complicated process to access the spectrum. This is due to issues such as obtaining third-party access (potentially from more than one party) and negotiating a relaxation to the out-of-band core condition requirement at the spectrum-apparatus licence frequency boundary. For this reason, it is usually preferable that access to spectrum by a particular service be via the same licensing mechanism.

The ACMA considers that retaining spectrum licensing in the 27 GHz band would constrain the utility of the band and discourage the band from moving to its highest value use that is, encouraging an increased number of users and uses.

4.2 Option 2—revert to full or partial apparatus licensingAs with spectrum licensing, if apparatus licensing is to be introduced in the 27 GHz band, there are both technical and regulatory matters to be considered.

4.2.1 Technical aspects of apparatus licensingUnder this option, the ACMA would develop arrangements to support the introduction of a range of different services in the 27 GHz band, via apparatus licences. The ACMA would undertake a full review of arrangements in the band, taking into account international trends, to identify the most appropriate arrangements for Australia.

As discussed earlier, a range of services are emerging as high-value uses of the 27 GHz band. It is likely that different apparatus-licensed services would be introduced in the band to accommodate, for example, the FSS, EESS and space research, and fixed services.

The key advantages of the apparatus licence regime are that:> it provides broad categories within which different radiocommunications

applications can be deployed11 > it supports access to the band by multiple operators on a first-in-time coordinated

basis. This means that if a proposed service can coordinate with existing services then prospective licensees need not negotiate access to the spectrum

> large bandwidth services will be licensed under a single regime if they require access to spectrum in and adjacent to the 27 GHz band.

In addition to these advantages, apparatus licences can also either be traded or the licensees can authorise other persons to operate under the licences.

The ACMA’s preliminary view is that it would be critical to develop arrangements which would provide continuity for any services deployed under current spectrum licences. These arrangements would be developed in consultation with spectrum licensees in the 27 GHz band. Spectrum licensees are generally required to register the devices they deploy under their spectrum licences. The ACMA’s preliminary view is that arrangements to provide continuity of service would include mechanisms to replace device registrations held under spectrum licences with apparatus licences. This is a similar process that the ACMA applied to the development of apparatus licence arrangements in the 28 GHz band.

In some cases, spectrum licensees may be operating equipment that is exempt from device registration requirements under the relevant technical framework. In the case of the 27 GHz band, this would be established by consultation with the spectrum

11 Under the apparatus licence system, there are 16 transmitter and five receiver licence types.

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licensees. The ACMA’s preliminary view is that licensees would also be offered apparatus licences to cover any ‘exempt’ devices they may be operating.

4.2.2 Regulatory aspects of apparatus licensing To introduce apparatus licensing arrangements in the 27 GHz band it would be necessary to revoke the Designation Notice. The 27 GHz band is also captured in the Class of Services Determination and the SAC Direction. Mechanisms will need to be put in place to bring about the introduction of apparatus licensing for the band. This is discussed in section 4.2.5.

4.2.3 ACMA preliminary viewThe ACMA considers that introducing apparatus licensing in the 27 GHz band may be the most efficient way to accommodate the potential range of services that are emerging as high-value uses of the 27 GHz band. It will remove any potential complexity issues associated with deploying large bandwidth services across frequencies having different licensing systems. In addition, it would allow the introduction of arrangements to provide continuity of service for incumbent spectrum licensees, which would give them both certainty and flexibility.

4.2.4 Partial introduction of apparatus licensing It would be possible to introduce apparatus licensing in only part of the 27 GHz band. For example, spectrum licensing might be retained only in some geographic areas—for example, capital cities—or in only part of the frequency range that is currently spectrum-licensed. That is, the residual spectrum could revert to apparatus licensing. This would require the development of appropriate mechanisms to manage interference between devices operating under spectrum and apparatus licensing regimes.

To partially introduce apparatus licensing in the 27 GHz band it would be necessary to recommend to the minister that the Designation Notice be amended so that it covered only the geographic areas and/or parts of the frequency range that are to remain spectrum-licensed.

As noted previously, the ACMA considers that introducing apparatus licensing in the 27 GHz band is the mechanism: > most likely to provide certainty> that removes issues of licensing services across frequencies having different

licensing systems> that supports access to the band by a number of different operators on a first-in-

time basis> that best accommodates the mix of services emerging as high-value uses of the

27 GHz band.

Partial introduction of apparatus licensing is also an option on which stakeholders may wish to comment.

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Issue for comment 3: The ACMA invites stakeholder comment on the extent to which apparatus or spectrum licensing in the 27 GHz band is likely to provide certainty to incumbent spectrum licensees and maximise the overall public benefit derived from use of the band.

Issue for comment 4: The ACMA invites stakeholder comment on whether it might be appropriate to retain spectrum licensing in some parts of the 27 GHz band and, if so, in what geographic areas or frequency ranges.

4.2.5 Consultation on proposed recommendation to the ministerAs discussed earlier, if the 27 GHz band is to revert to an apparatus licensing regime, it would be necessary for the minister to revoke the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000 (made on 31 May 2000). If, following this consultation process, the ACMA forms the view that introducing apparatus licensing in the band would maximise the overall public benefit derived from use of the spectrum, then it would recommend the minister issue a revocation notice under section 36 of the Act.

Before the ACMA can make such a recommendation, the Act requires that the public be given reasonable opportunity to make representations to the ACMA on the recommendation.

This paper is intended to provide the public with reasonable opportunity to make such representations.

4.2.5.1 Proposed recommendation to the ministerThe ACMA emphasises that no decision has been made on future arrangements in the 27 GHz band. This subsection describes the processes to take place if reversion to apparatus licensing in the band is the preferred outcome of this review.

If, following consideration of submissions received in response to this consultation paper, the ACMA forms the view that apparatus licensing should be introduced in the 27 GHz band when current spectrum licences expire, then it would write to the minister.

The ACMA would advise the minister that on 31 May 2000, the then Minister for Communications, the Information Economy and the Arts made the Designation Notice, which designated the radiofrequency range 26.5–27.5 GHz (the 27 GHz band) for spectrum licensing. Those spectrum licences are due to expire on 17 January 2016.

The ACMA would explain that, following consideration of a range of matters, including current arrangements in the 27 GHz band, trends in use of the band, and stakeholder views, the ACMA had formed the view that the 27 GHz band should no longer be allocated via spectrum licences.

The ACMA would recommend that, in accordance with section 36 of the Act, the minister revoke the Designation Notice.

Issue for comment 5: The ACMA invites members of the public to make representations on the recommendation the ACMA should make to the minister.

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4.3 Pricing arrangementsDifferent pricing arrangements apply to apparatus and spectrum licences.

Apparatus licence fees are normally administratively determined and are included in the Apparatus licence fee schedule.12 Apparatus licences may be issued for terms of up to five years, but fees are usually paid annually.

Spectrum licences are issued on payment of the required spectrum access charge. The charge may be administratively determined or set following a price-based allocation. For the 27 GHz band, the spectrum access charge is outlined in the Radiocommunications (Spectrum Access Charges) Direction 2012 and calculated at $0.00214/MHz/pop. In addition, spectrum licences are also subject to an annual spectrum licence tax.

Based on the evidence of device registrations, spectrum licensees have deployed devices in a relatively small number of geographic locations. The ACMA notes that a small number of site-specific apparatus licences may be a more cost-effective way of authorising these devices than nationwide or area-wide spectrum licences.

4.4 The principles for spectrum managementThis section considers both options against the principles, which are:1. Allocate spectrum to the highest value use or uses.2. Enable and encourage spectrum to move to its highest value use or uses.3. Use the least cost and least restrictive approach to achieving policy objectives.4. To the extent possible, promote both certainty and flexibility.5. Balance the cost of interference and the benefits of greater spectrum utilisation.

The extent to which each option addresses the principles is summarised in Table 4.

This shows that the ACMA considers that, on balance, reverting to apparatus licensing (Option 2) is more likely to maximise the overall public benefit derived from use of the 27 GHz band than retaining spectrum licensing (Option 1).

12 Available from the ACMA website.

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Table 4: Analysis of both options for the 27 GHz band against the ACMA’s Principles for spectrum management

Principle 1Allocate spectrum to the highest value use or uses.

Principle 2Enable and encourage spectrum to move to its highest value use or uses.

Principle 3Use the least cost and least restrictive approach to achieving policy objectives.

Principle 4To the extent possible, promote both certainty and flexibility.

Principle 5Balance the cost of interference and the benefits of greater spectrum utilisation.

Option 1—Retain spectrum licensing

Does not fully meet the principle.

Spectrum licences, particularly when allocated via a price-based mechanism, are usually very effective in ensuring spectrum is allocated to its highest value use or uses.

However, in the case of the 27 GHz band, the mix of prospective licensees, as well as the mix of technologies that is emerging as high-value uses of the band, may not be well-supported by spectrum licensing, particularly by nationwide or area-wide spectrum licences.

Does not fully meet the principle.

If the technical framework of a spectrum licence is sufficiently flexible, it is normally well-suited to allowing spectrum to move to higher value uses over time.

The fact that the 27 GHz band is currently underutilised, despite the flexible framework, indicates that spectrum licensing may not be the optimal mechanism to encourage the band to change over time.

Does not fully meet the principle.

Given the relatively light usage of the 27 GHz band, spectrum licensing may not be the most cost-effective option for licensees.

Meets the principle.

This option provides certainty for licensees due to the 15-year tenure of the licence.

Spectrum licence technical frameworks are inherently flexible and therefore spectrum licensing meets the principle for licence-holders only.

Does not meet the principle.

Current underutilisation indicates that spectrum licensing this band does not maximise the potential for significant spectrum utilisation in the band.

The types of services likely to be deployed in the band are typically associated with use by a large number of different operators. Prospective operators not holding licenses in the 27 GHz band would need to negotiate access with licensees or acquire spectrum through trade in order to deploy services.

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Principle 1Allocate spectrum to the highest value use or uses.

Principle 2Enable and encourage spectrum to move to its highest value use or uses.

Principle 3Use the least cost and least restrictive approach to achieving policy objectives.

Principle 4To the extent possible, promote both certainty and flexibility.

Principle 5Balance the cost of interference and the benefits of greater spectrum utilisation.

Option 2—Revert to apparatus licensing (full or partial)

Meets the principle.

Introduction of an apparatus-licensed regime in the band will enable sharing by a range of services and operators. It also will enable competition within the band.

Does not fully meet the principle.

Apparatus licences would accommodate identified high-value uses and greater flexibility for future access and marketing of spectrum for future licensees, third party authorizations and different uses of spectrum. However, regulatory intervention may be necessary to enable new uses in the future.

Meets the principle.

Given the relatively light usage of the 27 GHz band, apparatus licensing may be more cost-effective for existing spectrum licensees.

Apparatus licensing would enable the introduction of a range of operators and high-value uses in the band. It would also provide continuity of service delivery for current licensees.

Meets the principle.

Apparatus licensing provides certainty for current licensees. It would also provide flexibility by enabling the introduction of a range of services into the band. It also supports first-in-time access to spectrum by multiple operators.

Meets the principle.

A mix of high-value services, potentially operated by a large number of licensees, is likely to operate in these band in the future. The sharing arrangements which can take place through apparatus licensing are well-suited to managing interference in this band while maximising use of the spectrum.

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5. Summary of the optionsThis paper discusses a number of high-level options for the future licensing arrangements in the 27 GHz band to ensure they meet the future expectations and requirements of the band. The ACMA invites comments from interested stakeholders on the issues and options raised in this paper. The issues for comment are consolidated below. The ACMA would welcome comment from stakeholders on any other issues relevant to the 27 GHz band.

Responses to this paper will assist the ACMA in developing a preferred position on future licensing arrangements in the 27 GHz band.

Issues for comment

No. Issue for comment

1. The ACMA invites stakeholder comments on its preliminary view that the 27 GHz band is currently underutilised.

2. The ACMA invites stakeholder views on future use of the band. In particular, information on any emerging services in the band which the ACMA has not identified would assist the ACMA in its consideration of appropriate future arrangements in the band.

3. The ACMA invites stakeholder comment on the extent to which apparatus or spectrum licensing in the 27 GHz band may best provide certainty to incumbent spectrum licensees and maximise the overall public benefit derived from use of the band.

4. The ACMA invites stakeholder comment on whether it might be appropriate to retain spectrum licensing in some parts of the 27 GHz band and, if so, on what geographic areas or frequency ranges.

5. The ACMA invites members of the public to make representations on the recommendation the ACMA should make to the minister.

The ACMA’s preliminary view on future arrangements in the 27 GHz band is that an apparatus licensing regime may be more appropriate than a spectrum licensing regime. Apparatus licensing can better accommodate the services which are emerging as the 27 GHz band, providing greater utility and competition within the band. Apparatus licensing would also more readily enable deployment by multiple operators in close proximity in the future.

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6. Implementation processesThis chapter provides a short outline of the processes that the ACMA would need to undertake for each of the two options that could be an outcome of this review.

6.1 Option 1—retain spectrum licencesIf spectrum licensing is retained in the 27 GHz band, the ACMA would undertake the following processes.

Technical framework processesThe ACMA would establish a technical liaison group (TLG) with existing and prospective licensees, and other relevant representatives from industry, to assist in reviewing the technical framework for the new spectrum licences.

Following the TLG process, the ACMA would undertake public consultation on the following legal instruments, which give effect to the technical framework:> an unacceptable level of interference determination under section 145 of the Act> advisory guidelines under section 262 of the Act> conditions on the spectrum licence.

Regulatory processesThe ACMA would consider any applications for reissue of expiring spectrum licences in the 27 GHz bands under subsection 82(1) of the Act. This means offers for reissue will only be made if the ACMA is satisfied that either: > the licence was used in the provision of a service included in a class of services

specified in the Class of Service Determination> there are special circumstances that make it in the public interest for the licensee to

continue to hold the licence.

If some spectrum in the 27 GHz band is not subject to reissue, the ACMA would prepare a draft marketing plan under section 39 of the Act for that remaining spectrum. The marketing plan sets out the ‘product offering’ for the allocation. It specifies the geographic areas and frequency bandwidths, which would make up the individual lots to be allocated, and contains a sample spectrum licence. It also specifies the allocation method to be used, for example, an open outcry auction or an online simultaneous multi-round ascending auction. The ACMA would also undertake public consultation on the draft marketing plan and allocation process.

TimingIn order to provide certainty to incumbent spectrum licensees, the ACMA would aim to conclude any reissue and allocation process before licence expiry in early 2016.

6.2 Option 2—revert band to full or partial apparatus licensingIf the 27 GHz band was to revert to apparatus licensing, either in full or in part, the ACMA would undertake the following processes.

The ACMA notes that partial reversion—that is, retention of spectrum licensing in some part of the band or in only some geographic areas—would also require the processes outlined in Option 1 to be undertaken.

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Technical processesThe ACMA would implement processes to ensure continuity for any services deployed under the expiring spectrum licences. A full review of arrangements in the band would be undertaken in consultation with interested parties. An outcome of this process might be the amendment of a Radiocommunications Assignment Licensing Instruction (RALI). A RALI provides guidance on specific spectrum access arrangements and coordination arrangements between different services. Details, such as permitted frequency channelisation, minimum equipment performance characteristics and coordination arrangements, are often prescribed in RALIs.

Regulatory processesAs discussed earlier in this chapter, the band can only revert to apparatus licensing if the minister accepts a recommendation from the ACMA to make an instrument of revocation relating to the band. The processes outlined below assume that the minister makes such an instrument. The ACMA emphasises that this is to make the processes as clear as possible and should not be interpreted as a presumption that the minister would accept such a recommendation from the ACMA.

Following the development of the relevant apparatus licence arrangements, interested parties could apply for licences through the ACMA’s administrative processes.13

TimingIn order to provide continuity of service for incumbent spectrum licensees, the ACMA would aim to develop and offer the ‘replacement’ apparatus licences prior to spectrum licence expiry on 17 January 2016. The replacement apparatus licences would commence the day after the expiry of the spectrum licences. The ACMA considers this as an important element in providing continuity of service.

Apparatus licences in the band would only be available to other parties after the expiry of the spectrum licences and would also need to coordinate with the replacement apparatus licences issued to current spectrum licensees.

The ACMA emphasises that, in contrast to spectrum licensing, an apparatus licensing regime does not require the identification of technologies that are likely to be deployed in the band over a 15-year period. This means that arrangements can be developed over time, with technologies authorised under apparatus licences only when demand and equipment emerge.

6.3 High-level timeline of key steps for both optionsA high level timeline of the key steps for both options 1 and 2 is presented in Table 5 below. Indicative timelines are also included.

13 General information on the ACMA’s apparatus licence processes is available on the ACMA website.

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Table 5: Processes for the implementation of future arrangements in the 27 GHz band

Stage Details Indicative time frame

CONSULTATION

1. Release section 78 Notice of expiry June 2014

2. Initial consultation process—Review of licensing arrangements in the 27 GHz band Propose options for future regulatory arrangements.

Close submissions.

Analyse of submissions.

Six-week consultation period.

August–September 2014

3. Way forward announcement Release Response to submissions paper.

October 2014

If spectrum licensing is retained

IMPLEMENTATION

4. Technical Liaison Group processes Develop technical framework for new or reissued spectrum

licences, including consultation on relevant instruments.

October 2014–March 2015

5. Reissue considerations, if applicable Consider any applications for reissue under subsection 82(1) of

the Act.

Develop spectrum access charge for reissued licences; include consultation.

Subject to when application received

6. If applicable, conduct price-based allocation process Prepare for allocation of any spectrum not subject to reissue,

including consultation on relevant instruments.

Conduct price-based allocation.

Issue new spectrum licences.

Q3–Q4 2015

7. Current spectrum licences expire 17 January 2016

If full reversion to apparatus licensing occurs

IMPLEMENTATION

4 Develop and implement new arrangements Recommend revocation to the minister. Minister signs revocation notice (s36); if required, amend Class of

Services Determination and SAC Direction. Develop of pricing/fee arrangements for apparatus licences. Develop sharing and coordination arrangements in consultation

with industry. Consider appropriate regulatory arrangements, including

October 2014–March 2015

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mechanisms to provide continuity of service for spectrum licensees

5 Develop apparatus licence arrangements Finalise of sharing and coordination arrangements in consultation

with industry.

March–August 2015

6 Implement continuity of service arrangements Issue apparatus licences to provide continuity of service for

spectrum licensees.

March–May 2015

7 Current spectrum licences expire 17 January 2016

If partial reversion to apparatus licensing occurs

IMPLEMENTATION

4 Identification For the spectrum subject to reissue, the processes outlined under

If spectrum licensing is retained will apply. For spectrum not subject to reissue, through consultation, identify

geographic areas and/or frequencies ranges where spectrum is to revert to apparatus licensing. Processes outlined under If full reversion to apparatus licensing occurs will apply.

October 2014–March 2015

5 Both processes above to be implemented before spectrum licences expire.

17 January 2016

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7. Invitation to commentMaking a submission The ACMA invites members of the public to comment on the issues raised in this paper. Submissions should be made:By email: spectrum.outlook@acma.gov.auBy mail: Manager

Spectrum Outlook and Review SectionAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

Media enquiries should be directed to Ms Emma Rossi on (02) 9334 7719 orby email to media@acma.gov.au.

Electronic submissions in Microsoft Word or Rich Text Format are preferred.

The closing date for submissions in response to this information paper is close of business, Thursday 25 September 2014.

Effective consultation The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed the following guide: Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.

Publication of submissionsIn general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters). The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material (including any personal information) over which confidentiality is claimed and provide a written explanation for the claim. The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by lawAny submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.

PrivacyThe Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations

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are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:> contribute to the transparency of the consultation process by clarifying, where

appropriate, whose views are represented by a submission > enable the ACMA to contact submitters where follow-up is required or to notify

them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or through use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available at www.acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

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