RADIOCOMMUNICATIONS AMENDMENT BILL 1996 Explanatory Memorandum

Commonwealth of Australia Explanatory Memoranda

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RADIOCOMMUNICATIONS AMENDMENT BILL 1996

1997

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

THE SENATE

RADIOCOMMUNICATIONS AMENDMENT BILL 1996

SUPPLEMENTARY EXPLANATORY MEMORANDUM

Amendments to be moved on behalf of the Government

(Circulated by authority of Senator the Hon. Richard Alston, Minister for Communications and the Arts)

80915 Cat. No. 96 7356 3 ISBN 0644 497599

RADIOCOMMUNICATIONS AMENDMENT BILL 1996

OUTLINE

The proposed amendments will:

• omit proposed new section 153C which made special provision for re-allocation periods and re-allocation deadlines in relation to spectrum covered by the 900 MHz Band Plan (Amendments (1), (2) and (3));

- giving effect to the Government’s response to recommendation 7.2 of the Report by the Senate Environment, Recreation, Communications and the Arts Legislation Committee on the Telecommunications Bills Package 1996; and

• improve the consultation requirements with licensees concerning the making of re-allocation declarations (Amendments (4) - (9));

- giving effect to the Government’s response to recommendation 7.1 of the Report by the Senate Environment, Recreation, Communications and the Arts Legislation Committee on the Telecommunications Bills Package 1996.

FINANCIAL IMPACT

The proposed amendments are not expected to have any significant financial impact on Commonwealth expenditure or revenue.

NOTES ON AMENDMENTS

AMENDMENT (1)

Schedule 1 - Item 46 - Proposed new section 153B - Spectrum re-allocation declaration

This amendment omits the final sentence of proposed new subsection 153B(4).

Proposed new subsection 153B(4) sets out certain requirements for re-allocation periods. The final sentence of the proposed new subsection made special provision for re-allocation declarations affecting spectrum covered by the 900 MHz Band Plan.

As a consequence of the omission of proposed new section 153C by amendment (3), the final sentence is to be omitted as it is no longer necessary. See the notes on amendment (3).

AMENDMENT (2)

Schedule 1 - Item 46 - Proposed new section 153B - Spectrum re-allocation declaration

This amendment omits the final sentence of proposed new subsection 153B(5).

Proposed new subsection 153B(5) sets out certain requirements for re-allocation deadlines. The final sentence of the proposed new subsection made special provision for re-allocation declarations affecting spectrum covered by the 900 MHz Band Plan.

As a consequence of the omission of proposed new section 153C by amendment (3), the final sentence is to be omitted as it is no longer necessary. See the notes on amendment (3).

AMENDMENT (3)

Schedule 1 - Item 46 - Proposed new section 153C - Spectrum re-allocation declaration - special provisions relating to the 900 MHz Band Plan

This amendment omits proposed new section 153C.

Proposed new section 153C would have made special provision for the re-allocation periods for spectrum covered by the 900 MHz Band Plan where such spectrum was to be the subject of a re-allocation declaration. The clause was included at the request of the SMA to accommodate shorter re-allocation periods to accommodate the planned schedule for clearing that spectrum. The SMA now advises that it has changed its proposed approach to clearing that spectrum thereby obviating the need for clause 153C.

AMENDMENT (4)

Schedule 1 - Item 46 - Proposed new section 153D - Spectrum re-allocation declaration - ancillary provisions

Proposed new paragraph 153D(2)(b) is to be amended to improve the required notification to licensees affected by a re-allocation declaration.

Proposed new paragraph 153D(2)(b) requires the SMA to notify affected licensees of the making of a re-allocation declaration. The SMA is given a choice of the form of the notification, that is, either: (i) by giving a copy of a notice of the making of the declaration to each affected licensee; or (ii) by causing a copy of the notice to be published in one or more newspapers circulating generally in the capital city of each State.

During the Senate Legislation Committee’s hearings on the Bill, a number of submissions expressed the concern that it would be possible for an affected licensee to miss a notice in the newspapers and therefore would not have the benefit of notification of the making of a re-allocation declaration which fundamentally affected their interests.

The amendment, therefore, will omit ‘either’ and substitute it with ‘both’ so as to require the SMA to both publish a notice in the newspapers and make reasonable efforts to give each affected licensee a copy of the notice.

AMENDMENT (5)

Schedule 1 - Item 46 - Proposed new section 153D - Spectrum re-allocation declaration - ancillary provisions

Proposed new subparagraph 153D(2)(b)(i) is to be amended to omit ‘give’ and replace it with ‘as far as practicable, make reasonable efforts to give’. This amendment is related to amendment (4) - see the notes on that amendment.

This amendment is to be made in recognition that it is possible that, for example, due to an error in data records because of licensees not notifying a change of address etc, an affected licensee may not be individually notified of the making of a re-allocation declaration. The amendment will require the SMA to have made reasonable efforts to give each licensee an individual notification.

AMENDMENT (6)

AMENDMENT (7)

Schedule 1 - Item 46 - Proposed new section 153H - Comments by potentially affected apparatus licensees on recommendation

Proposed new paragraph 153H(1)(b) is to be amended to improve the required consultation process with licensees potentially affected by a draft re-allocation declaration.

Proposed new paragraph 153H(1)(b) requires the SMA, for the purposes of consultation, to notify potentially affected licensees of the proposed making of a recommendation to the Minister that he/she make a re-allocation declaration. The notification is to include a draft of the proposed declaration. The SMA is given a choice of the form of the notification, that is, either: (i) by giving a copy of a notice to each potentially affected licensee; or (ii) by causing a copy of the notice to be published in one or more newspapers circulating generally in the capital city of each State.

During the Senate Legislation Committee’s hearings on the Bill, a number of submissions expressed the concern that it would be possible for a potentially affected licensee to miss a notice in the newspapers and therefore would not have the benefit of full consultation on the proposed making of a re-allocation declaration which fundamentally affected their interests.

The amendment, therefore, will omit ‘either’ and substitute it with ‘both’ so as to require the SMA to both publish a notice in the newspapers and make reasonable efforts to give each affected licensee a copy of the notice.

AMENDMENT (8)

Schedule 1 - Item 46 - Proposed new section 153H - Comments by potentially affected apparatus licensees on recommendation

Proposed new subparagraph 153H(1)(b)(i) is to be amended to omit ‘give’ and replace it with ‘as far as practicable, make reasonable efforts to give’. This amendment is related to amendment (7) - see the notes on that amendment.

This amendment is to be made in recognition that it is possible that, for example, due to an error in data records because of licensees not notifying a change of address etc, an affected licensee may not be individually notified of the proposed making of a re-allocation declaration. The amendment will require the SMA to have made reasonable efforts to give each licensee an individual notification.

AMENDMENT (9)

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