Review of spectrum policy and management framework

Review of spectrum policy and management framework The ACMA perspective Giles Tanner

A simplified view of the legal framework governing ACMA’s spectrum management

ITU Radio Regulations International Treaties Radiocommunications Act 1992 (The Act); ACMA Act 2005; Radiocommunications (Transmitter Licence Tax) Act; Radiocommunications (Receiver Licence Tax) Act; Spectrum Licence Tax) Act 1997; Radcomms Taxes Collection Act; Datacasting Charges legislation; Other general Acts (LIA 2003; AIA 1901, etc.)

Acts of Parliament

Subordinate Instruments under the Act

general Acts (LIA 2003; AIA 1901, etc.) Spectrum plan (ARSP)Other Designations/reallocation Declarations Directions - THE ACMA - THE MINISTER Regulations - THE GOVERNMENT Frequency band plans (if any) – THE ACMA

Class licences

Administrative Arrangements

-

(Apparatus licences) LC Determinations Technical standards

(Spectrum licences) Conversion / Marketing plans Determinations s.145 Advisory Guidelines s.262

Radiocommunications Assignment and Licensing Instructions Administrative band plan and channel plans Written procedures for issuing licences Administrative policy documents Spectrum embargoes Specification documents Spectrum management principles

The Australian economy with and without mobile broadband (2006-2013) Baseline GDP

GDP without mobile broadband

GDP (real, $bn)

1 500 $33.8 billion

1 450 1 400 1 350 1 300

Mobile sector productivity = $7.3 billion Time savings for businesses = $26.5 billion

1 250 1 200 2006

2007

2008

2009

2010

2011

2012

2013

Current impediments to spectrum regulation

> Multiplicity of licence types, with overlapping or incomplete processes and rules o Inconsistent approaches to tenure, certainty of renewal and pricing o Interaction processes between the political system and the spectrum regulator o Managing coexistence of three licensing types o Lack of flexibility to license some particular persons, apparatus or equipment o Practical issues with the proliferation of, and over-reliance on, apparatus licence subtypes

Current impediments to spectrum regulation (continued)

> Limitations on the ability to facilitate (or mandate) institutional spectrum manager rights > Limited systemic incentives for incumbent users to give up their spectrum to a potential higher value use > Rigidities in the particular way broadcasting spectrum is required to be managed > Changed compliance and enforcement environment

Questions