Allocation of apparatus licences for public telecommunications services in the 1800 MHz band for remote Australia
Applicant information paper
DECEMBER 2015
Canberra
Red 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 32
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 Q500
Queen Victoria Building
NSW 1230
T+61 2 9334 7700 or 1800 226 667
F+61 2 9334 7799
Copyright notice
With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence.
We request attribution as: © Commonwealth of Australia (Australian Communications and Media Authority) 2015.
All other rights are reserved.
The Australian Communications and Media Authority has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material.
Written enquiries may be sent to:
Manager, Editorial and Design
PO Box 13112
Law Courts
Melbourne VIC 8010
Tel: 03 9963 6968
Email:
Introduction
Participation
Important notice
Other information
The ACMA may change processes
Other powers of the ACMA
Applicants to meet their own costs
Confidential information
1.What is being offered?
Available spectrum
Where will spectrum be available?
Licensing
Allocation
Mobile telecommunication carriers
Other spectrum users
Other information
Apparatus licence fees
Channel arrangements and bandwidth
Review of arrangements
Summary of arrangements
2. Submitting an application
Applying for an apparatus licence
Step 1—Inform yourself
Step 2—Consideration of requirements
Step 3—Submit an application
Step 4—Wait for advice regarding your application
Further information
acma|1
Introduction
There is increasing demand for access to spectrum in the 1710–1785 MHz and 1805–1880 MHz frequency ranges (the 1800 MHz band) in remote areas from various industry sectors to deploy mobile services. The increased demand for additional spectrum—primarily to deploy Long Term Evolution (LTE) technologies—is evidenced by the number of stakeholders seeking access to the band. Therising demand for a diverse range of mobile broadband applications, combined with the immediate availability of equipment, is driving demand for access to 1800 MHz band spectrum in remote areas.
To address this demand, the Australian Communication and Media Authority (the ACMA) has revised existing regulatory measures for the bandand developed access arrangements for remote Australia utilising public telecommunications service apparatus licences (PTS licences). This will support the deployment of mobile services in remote areas.
This Applicant information paper (AIP) contains important information about the issue of PTS licences in remote areas of the 1800 MHz band. The purpose of this AIP is to provide an overview of the administrative allocation mechanism being applied for issuing licences in the remote 1800 MHz band. This includes details of the regulatory and legislative process the ACMA will employ to issue licences. In addition, the AIP outlines the application documents that must be completed and forwarded to the ACMA.
To assist with an orderly release of licences in the band, the ACMA has defined a list of‘priority assignments’ for access to the 1800 MHz band. Under this approach, applicants can only apply for licenses in the specific channels assigned to them. These assignments are based on a plan that seeks to optimise spectrum availability for all relevant parties. The plan was developed through consultation with interested parties.
The three mobile telecommunication carriers (Telstra, Vodafone Hutchison Australia and Optus) have each been assigned a 2 x 15 MHz allocation to deploy mobile services in this band. If required, applications for licences are able to be made immediately. However, access is only available in the defined priority assignment relevant for each carrier.
The remaining 2 x 30 MHz in this band is available for ‘Other’ users. This will be allocated on a ‘first-in-time basis’ with users only able to seek an allocation of up to 2 x 10 MHz in any particular geographic area. Licensees seeking access to the ‘Other’ segment of the band are required to provide the relevant details by the end of the application window period. The application window period is the period of time between the starting time and date and the closing time and date advertised by the ACMA.
The application window period will commence at 11:00am Australian Eastern Daylight Savings Time (AEST) on 12 January 2016 and finish 11:00am AEST on 19 January 2016.
During this period, an application will be accepted by the ACMA. Before the application window commences, a notification period will be in place to enable interested parties an opportunity to undertake any preparations and measures required before applying for licences. The notification period will run from the release of this paper until the start of the application window shown above.
It is important that prospective licensees read and understand the information contained in this document before taking part in the licensing processes conducted by the ACMA. In addition, prospective licensees should take whatever steps considered necessary to ensure access to appropriate technical, legal or other specialist advice independently of any advice obtained from the ACMA.
Participation
To be eligible, prospective applicants must submit the following information:
details of the applicant, including contact information
the name of the applicant’snominated Accredited Person.
An Accredited Person (AP) is a person who has been accredited by the ACMA to perform certain activities related to the authorisation of radiocommunications services but is not employed by the ACMA. More information on APs can be found on the ACMA website at
All information must be submitted electronically to the Australian Communications and Media Authority using the following email address: .
Further information on the relevant application forms, and the process for submitting an application is provided in Chapter 2.
Questions about the allocation process can be forwarded to the ACMA by email to or by calling 1300 850 115.
Important notice
The information contained in this AIP is provided as a guide for prospective applicants and should not be relied upon as the only source of information. Prospective applicants are responsible for taking whatever steps they consider necessary to ensure they have access to appropriate technical or other specialist advice independently of the ACMA concerning their application, the operation of radiocommunications equipment and services, the relevant allocation mechanism and relevant legislative provisions.
It is important to note that nothing in this AIP should be taken to bind the ACMA to a particular course of action. The ACMA is required to perform its functions in a manner consistent with legislation and any directions given to the ACMA by the Minister for Communications (the minister). The policies of the government may change from time to time. In exercising its powers, the ACMA may also apply its own policies, which may also change from time to time. Persons wishing to apply should not rely on statements made in this document about the effect of any legislation, but should take whatever steps they consider necessary to inform themselves on those matters independently of the ACMA. In addition, prospective applicants should also be aware that other Commonwealth, state and territory laws may be applicable.
The ACMA is obliged to perform its functions in accordance with the legislation, including the:
Australian Communications and Media Authority Act 2005 (the ACMA Act)
Radiocommunications Act 1992 (the Act)
Telecommunications Act 1997
Broadcasting Services Act 1992
Trade Practices Act 1974
Telecommunications (Consumer Protection and Service Standards) Act 1999
Financial Management and Accountability Act 1997.
The ACMA will also undertake its responsibilities in accordance with:
TheAustralian Radiofrequency Spectrum Plan2013;
The Radiocommunications Licence Conditions (PTS Licence) Determination 2013(the PTS LCD)
The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (the Apparatus Licence LCD)
The Radiocommunications (Interpretation) Determination 2015(the Interpretation Determination)
The Radiocommunications (Transmitter Licence Tax) Determination 2015(the Transmitter Licence Tax Determination)
TheRadiocommunications (Charges) Determination 2007(the Charges Determination)
The Radiocommunications Assignment and Licensing Instruction MS03(RALI MS03)
The Radiocommunications Assignment and Licensing Instruction MS34 (RALI MS34).
Other information
The ACMA may change processes
The ACMA may vary the procedures and administrative processes, or terminate an allocation process, to the extent provided for under the Actand relevant subordinate legislation. The ACMA may use its discretion to add to, vary or amend the information, conditions and procedures set out in this AIP. Such amendments will be notified on the ACMA’s website at
Other powers of the ACMA
The ACMA may apply discretion and, to the extent provided for under the Act and relevant subordinate legislation, at any stage of the allocation process do all or any of the following:
require additional information from an applicant
change the structure and timing of the allocation process.
The ACMA makes no representation as to the utility of the spectrum.
Applicants to meet their own costs
Participation in the allocation process to obtain a PTS apparatus licence in the remote 1800 MHz band shall be at the applicant’s sole risk, cost and expense.
Confidential information
Under Part 7A of the ACMA Act, the ACMA is permitted to share information with certain specified government entities, or other entities if consent is received from the applicant. Such information may include commercially sensitive information.
It is important to note that the ACMA will forward the application and associated details onto the applicant’s nominated AP. As previously outlined, potential applicants should seek independent advice regarding the information that may be disclosed.
1.What is being offered?
This chapter provides:
a description of available spectrum, including in which areas it is being offered
a brief summary of the type of licence to be issued
a brief overview of the allocation mechanisms
other important information about the spectrum being offered (such as fees and channel arrangements).
Available spectrum
Where will spectrum beavailable?
Spectrum in the 1800 MHz band will be available for allocation in remote areas of Australia. These are the areas outside of the spectrum licence areas defined in embargo 26 of Radiocommunications Assignment and Licensing Instruction (RALI) MS03 for the 1800 MHz band and any other relevant embargo areas.[1] Figure 1 displays the remote area being offered and Embargo 41 for the Western Australian Radio Quiet Zone exclusion area. The Radio Quiet Zone exclusion area is detailed in RALI MS03.
Figure 1: Remote areas for the administrative allocation
The ACMA recommends that prospective applicants familiarise themselves with the relevant technical documentation and seek independent technical advice before submitting an application.
Licensing
The ACMA will issue PTS licences authorising use in the 1800 MHz band in remote areas of Australia. Licences will not be issued for periods exceeding one year at a time. A PTS licence is defined by the Radiocommunications (Interpretation) Determination 2015as follows:
PTS licence means an apparatus licence:
(a) issued for a service that consists of 1 or more stations that are operated for the provision of a public mobile telecommunications service; or
(b) that authorises the operation of 1 or more stations (the licensed stations), where:
(i) the licensed stations communicate with mobile stations; and
(ii) the mobile stations are ordinarily used for or in relation to the supply of a public mobile telecommunications service, but when used in conjunction with the licensed stations, do not involve the use of the mobile stations for or in relation to the supply of a public mobile telecommunications service.
Note:Paragraph (b) of the definition of PTS licence recognises that some stations may be used to deliver a carriage service to an end-user’s mobile device, but that service will not be a public mobile telecommunications service within the meaning of the Telecommunications Act 1997.
Please note that if a licensee is providing a carriage service to the public, they may require a carrier licence, unless:
a)a nominated carrier declaration is in force in relation to the network unit; or
b)an exemption applies.
Under the PTS licence type, the licensing optionPublic Mobile Telecommunications Service(PMTS)Class Bis available. This authorises land stations to operate in the paired frequency range 1710–1785/1805–1880 MHz.
The ACMA has recently undertaken the necessary administrative and regulatory steps to facilitate the release of the 1800 MHz band for mobile services using PMTS-Class B licences. Thisincludes:
amending Embargo 62 (to enable PTS apparatus licence to be issued in the 1800 MHZ band)
updating RALI MS34.[2]
RALI MS34 explainsthe frequency coordination procedures required before an apparatus licence may be issued for public mobile telecommunications services in the 1800 MHz band. APs will conduct all frequency coordination in accordance withRALI MS34. To satisfy themselves of the feasibility of a proposed PTS system, applicants are advised to undertake coordination studies in accordance with the procedures in RALI MS34 prior to submitting an application. This will assist in determining if a proposed assignment will coordinate with existing services. Additional coordination may be required with any PTS licences that are assigned before a specific application in the queue.
RALI MS34 covers frequency coordination between public mobile telecommunication systems in the 1800 MHz band,and:
existing PTS systems
fixed point-to-point links;
1800 MHz band spectrum licenses
the Radio Quiet Zone (RQZ)
meteorological satellite services.
Allocation
The ACMA has considered how best to allocate licences in remote areas in this band. It concluded that administrative over-the-counter allocation would be the most effective regulatory method to meet stakeholder demand for access to the 1800 MHz band in remote areas to allow mobile services to be deployed.
A risk with an administrative allocation is that two prospective licensees may apply for the same spectrum in the same area on the same day. As these applications have not coordinated with each other, their technical specifications may mean that any licences granted will likely interfere with each other when operating. To manage this risk and make the most efficient use of the spectrum, the ACMA has defined a list of‘priority assignments’ for access to the band. Under this approach, applicants can only apply for licenses in the specific channels assigned for them.
These assignments are based on a plan that seeks to optimise spectrum availability for all relevant parties and was developed through consultation with interested parties. The aim of defining priority assignments is to provide orderly access to spectrum during the initial release of the band, as well as assist in managing interference.
Prospective licensees can only apply for PTS apparatus licencesin accordance with the priority assignment order. The ACMA considers that the priority assignments developed are appropriate given the unique characteristicsof remote areas and are able to provide prompt and efficient utilisation of the band in remote Australia by a range of entities.
Applications will be assessed using the assignment model and based on the coordination criteria set out in the RALI MS34.Further information on the assignments is provided below. Figure 2 provides an illustration of the priority assignments for the 1800 MHz band.
Figure 2: Assignment priorities for remote areas
Mobile telecommunication carriers
Within the frequency range 1710–1755MHz/1805–1850 MHz, the three major mobile telecommunication carriers (Telstra, VHA and Optus) have been assigned 2 x 15 MHz of spectrum each.
To assist the provision of competitive services, it would be desirable for mobile telecommunication carriers to have at least two channels available to deploy services; that is, a minimum 2x10 MHz of spectrum. However, mobile telecommunications carriers have indicated that they would prefer more spectrum, up to 2 x 20 MHz of spectrum.
On balance, the ACMA is of the view that, in remote Australia, an allocation of 2x15 MHz,on an equitable basisfor each of the three carriers, would enable the deployment of competitive LTE services, given the relatively smaller populations in remote areas, at least until the aggregate level of demand from all users is better understood.
The three mobile telecommunication carriers may commence submitting applications immediately.
Other spectrum users
‘Other’ spectrum users are defined as any applicant that is not Telstra, Optus, VHA or a subsidiary of these entities. An allocation of 2x30 MHz of spectrum in total is provided to all other users of the spectrum, for example mining and rail entities. However, the ACMA will only make up to 2 x 10 MHz of spectrum available to a single licensee in the same geographic area. That is, no applicant, or their associate, will be assigned more than 2 x 10 MHz of spectrum in any given area. The ACMA considers a ‘given area’ as corresponding to the frequency reuse area of 45 kilometres around a PTS base station. The ACMA defines an associate as:
a company in which the applicant is a member
companies for which the applicant is the ultimate holding company
corporations for which the applicant is a director
foreign companies for which the applicant is a local agent.
It is important for prospective applicants to note that, in order to avoid the potential for conflicting assignments, applications need to be assessed by the relevant AP on a ‘first–in-time’ basis. The 2 x 10 MHz spectrum limit is applied to avoid one licensee hoarding the spectrum in an area and provide the opportunity for a number of prospective applicants to gain access to the band in a given area (where that amount of spectrum is available).
Notification period
The ACMA is providing all prospective applicants within the ‘Other’ segment of the band with sufficient time to make the appropriate arrangements before accepting applications. Therefore, the ACMA has established a notification period, which enables interested parties an opportunity to undertake any preparations and measures required before applying for PTS licences. The release of this paper indicates the commencement of a notification period.