Procedure for submitting requests for exemptions from embargoes
MARCH 2013
Canberra
Purple Building
Benjamin Offices
Chan Street
Belconnen ACT
PO Box 78
Belconnen ACT 2616
T +61 2 6219 5555
F +61 2 6219 5353 / Melbourne
Level 44
Melbourne Central Tower
360 Elizabeth Street
Melbourne VIC
PO Box 13112
Law Courts
Melbourne VIC 8010
T +61 3 9963 6800
F +61 3 9963 6899 / Sydney
Level 5
The Bay Centre
65 Pirrama Road
Pyrmont NSW
PO Box Q5
Queen Victoria Building
NSW 1230
T +61 2 9334 7700
1800 226 667
F +61 2 9334 7799
Amendment History
Version / Date of Effect / Comments
1.0 / 13 February 2013 / Initial release
1.1 / 22 March 2013 / Clarified requirement relating to inclusion of reference number or identifier in FAC submission
© Commonwealth of Australia 2012
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acma | 1
Accredited persons must read the Disclaimer in conjunction with the procedures set out below.
Purpose
This business operating procedure (BOP) outlines the requirements for submitting requests for exemptions from embargoes.
Background
Spectrum embargoes are an administrative tool used by the ACMA to facilitate orderly planning of the spectrum. Embargoes provide notice of the ACMA's intention to restrict the allocation of new licences in a band pending its replanning, and alert industry to the start of a planning process.
While embargoes serveto restrict access to spectrum it is recognised that there may be circumstances that warrant the granting of an exemption from anembargo.
Requests for exemptionsare considered on a case-by-case basis andwhere granted are specific to the circumstances detailed in the exemption request. As exemptions are assessed on an individual basis and in the context of the circumstances prevailing at the time, it should not be assumed that because a particular exemption was granted that a similar request will be granted in the future.
If an exemption is granted, an appropriate licence application or Frequency Assignment Certificate (FAC) must be submitted within 3 months of the exemption being granted. Embargo exemptions have a limited life span because the circumstances under which an exemption is granted can change, and after this period the exemption may no longer be appropriate, especially where replanning activity is taking place.
Procedure
To enable a request for an embargo exemption to be assessed,sufficient information must be provided in support of the request. Exemption requests should include at a minimum:
- details of the proposed service(s);
- the corresponding embargoe(s) for which an exemption is sought;
- a detailed explanation of why a solution utilising embargoed spectrum is being proposed;
- an explanation of what other solutions have been examined and why they are considered unsuitable; and
- any acknowledgements or other correspondence required by the particular embargo.
Note that in some cases, exemption requests will require a supporting assessment demonstrating that the intent of the embargo is preserved. For example, requests for exemptions to embargoes that support earth station operation.
Where an embargo exemption is conditional on specific undertakings or commitments, these must originate from the licence applicant (not the Accredited Person, on behalf of the applicant) and be addressed to the ACMA.
Accredited persons (APs) who intend to submit an FAC supported by an embargo exemption must include the application reference number or identifierthat will be used with the FAC submission in their exemption request.[1] This reference will be used by ACMA staff to match exemptions to particular FAC submissions and to ensure that the exemption supplied is relevant to the submission.
All requests for exemptions should be submitted to .
Further information
Please contact the Radiocommunications Licensing and Telecommunications Deployment Section.
acma | 1[1] Note, this is not the AP accreditation number or client number, but rather the reference used by the AP to uniquely identify the FAC submission.