made under subsection 32(1) of the
Radiocommunications Act 1992
Compilation No. 1
Compilation date: 31 August 2023
Includes amendments up to: F2023L01129
Prepared by the Australian Communications and Media Authority, Melbourne
About this compilation
This compilation
This is a compilation of the Radiocommunications (Mobile-Satellite Service) (1980–2010 MHz and 2170–2200 MHz) Frequency Band Plan 2022 that shows the text of the law as amended and in force on 31 August 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
This is the Radiocommunications (Mobile-Satellite Service) (1980–2010 MHz and 2170–2200 MHz) Frequency Band Plan 2022.
This instrument is made under subsection 32(1) of the Act.
4 Interpretation
(1) In this instrument, unless the contrary intention appears:
ASMG means the Australian Spectrum Map Grid 2012, published by the ACMA on its website.
Note: The ASMG can be obtained, free of charge, on the ACMA’s website at www.acma.gov.au.
designated area: see subclauses 1(1) and 1(5) of Schedule 2.
fixed service has the meaning given by the spectrum plan.
GDA94 means the geodetic datum designated as the “Geocentric Datum of Australia (GDA)”, gazetted in the Commonwealth of Australia Gazette No. GN 35, on 6 September 1995, as existing on that date.
Note 1: The Commonwealth of Australia Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
Note 2: More information on GDA94 can be obtained, free of charge, from Geoscience Australia at www.ga.gov.au and from the Intergovernmental Committee on Surveying and Mapping at www.icsm.gov.au.
HCIS means the cell grouping hierarchy scheme used to describe geographic areas in the ASMG.
HCIS identifier means an identifier used to describe a geographic area in the HCIS.
metropolitan area means an area specified in Schedule 1.
mobile-satellite service has the meaning given by the spectrum plan.
mobile-satellite service (Earth-to-space) means a mobile-satellite service used to transmit radiocommunications from a mobile earth station to a space receive station.
mobile-satellite service (space-to-Earth) means a mobile-satellite service used to transmit radiocommunications from a space station to an earth receive station.
space station has the meaning given by the spectrum plan.
television outside broadcast service means radiocommunications made by the operation of a television outside broadcast station.
Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:
Note 2: A number of other expressions used in this instrument may be defined in a determination made under section 64 of the Australian Communications and Media Authority Act 2005. At the time this instrument was made, the following expressions were defined in such a determination:
(2) In this instrument, unless otherwise specified, a reference to a frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.
Note: This subsection means the lower number in the reference to a frequency band is not included in the frequency band.
(3) In this instrument, geographic coordinates describing a point do so with reference to GDA94.
5 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Note 3: See section 314A of the Act.
6 Purpose of 1980–2010 MHz and 2170–2200 MHz frequency bands
(1) The 1980 MHz to 2010 MHz frequency band may be used for the following purposes:
(a) a mobile-satellite service (Earth-to-space);
(b) subject to section 7 – a television outside broadcasting service;
(c) subject to section 8 – the operation of a point to point station for a fixed service;
(d) the operation of a radiocommunications device in accordance with:
(i) the Radiocommunications (Science and Research) Class Licence 2023; or
(ii) if another instrument replaces that class licence – the other instrument.
(2) The 2170 MHz to 2200 MHz frequency band may be used for the following purposes:
(a) a mobile-satellite service (space-to-Earth);
(b) subject to section 7 – a television outside broadcast service;
(c) subject to section 8 – the operation of a point to point station for a fixed service;
(d) the operation of a radiocommunications device in accordance with:
(i) the Radiocommunications (Science and Research) Class Licence 2023; or
(ii) if another instrument replaces that class licence – the other instrument.
7 Television outside broadcast services
(1) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services only as specified in this section.
(2) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services:
(a) in a metropolitan area – before 1 March 2026; or
(b) in place that is not in a metropolitan area – before 1 March 2024.
(3) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services if:
(a) either:
(i) the use occurs on or after 1 March 2026, in a metropolitan area; or
(ii) the use occurs on or after 1 March 2024, in a place that is not in a metropolitan area; and
(b) the person who uses the frequency band does so by operation of a radiocommunications transmitter authorised by a transmitter licence; and
(c) before the transmitter licence was issued, the ACMA was satisfied that the operation of the radiocommunications transmitter in accordance with the licence would not cause harmful interference to a mobile-satellite service.
Note: See subsection 32(5A), and sections 97 and 100 of the Act.
(4) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services if:
(a) the use occurs in the period commencing on 1 March 2024 and ending on 28 February 2026; and
(b) the use occurs in a place that is not in a metropolitan area; and
(c) the use occurs only in a designated area.
Note: For designated areas, see Schedule 2.
(5) A frequency band specified in section 6 may be used for the purposes of television outside broadcast services if:
(a) either:
(i) the use occurs on or after 1 March 2026, in a metropolitan area; or
(ii) the use occurs on or after 1 March 2024, in a place that is not in a metropolitan area; and
(b) the person who uses the frequency band (the relevant person) does so by operation of a radiocommunications transmitter authorised by a transmitter licence; and
(c) the transmitter licence authorises the operation of a radiocommunications transmitter only at a location (the specified location) or within an area (the specified area) specified in a condition of the licence; and
(d) before the transmitter licence was issued, the relevant person:
(i) obtained agreement, in writing, to the provision of television outside broadcast services at the specified location or within the specified area, from:
(A) the licensee of each space licence in the frequency band; and
(B) the licensee of each space receive licence in the frequency band; and
(ii) provided a copy of each such agreement to the ACMA.
Note 1: See subsection 32(5A), and sections 97 and 100 of the Act.
Note 2: The ACMA may still refuse to issue a person a transmitter licence, even if the person obtains the agreements mentioned in subparagraph (d)(i).
Note 3: A single person may hold both a space licence and a space receive licence in the frequency band.
8 Point to point station
(1) A frequency band specified in section 6 may be used for the purposes of operating a point to point station for a fixed service only as specified in this section.
(2) A frequency band specified in section 6 may be used for the purposes of the operation of a point to point station authorised by a fixed licence if either:
(a) the fixed licence was issued under section 100 of the Act before the commencement of this instrument; or
(b) the fixed licence was issued under section 130 of the Act as the result of one or more renewals of a fixed licence mentioned in paragraph (a).
(section 4, section 7)
1 Metropolitan areas
Each area that consists of the HCIS identifiers specified in column 2 of the table is a metropolitan area.
Column 1 | Column 2 | |
| Name | HCIS identifiers |
1 | Adelaide | IW3O, IW3J8, IW3J9, IW3K4, IW3K5, IW3K7, IW3K8, IW3K9, IW3L7, IW3N2, IW3N3, IW3N5, IW3N6, IW3N8, IW3N9, IW3P1, IW3P2, IW3P4, IW3P5, IW3P7, IW3P8, IW6B2, IW6B3, IW6B6, IW6C1, IW6C2, IW6C3, IW6C4, IW6C5, IW6C6, IW6D1, IW6D2, IW6D4 |
2 | Brisbane | NT8D, NT8G, NT8H, NT8L, NT8P, NT9A, NT9E, NT9I, NT9J, NT9M, NT9N, NU3A, NU3B, NT5P2, NT5P3, NT5P4, NT5P5, NT5P6, NT5P7, NT5P8, NT5P9, NT6M4, NT6M5, NT6M7, NT6M8, NT6M9, NT8C3, NT8C5, NT8C6, NT8C8, NT8C9, NT8F9, NT8K1, NT8K2, NT8K3, NT8K5, NT8K6, NT8K8, NT8K9, NT8O3, NT8O6, NT9B4, NT9B7, NT9F1, NT9F4, NT9F5, NT9F7, NT9F8, NT9K7, NT9O1, NT9O4, NT9O5, NT9O7, NT9O8, NU2D2, NU2D3, NU2D5, NU2D6, NU2D9, NU3C1, NU3C2, NU3C4, NU3C5, NU3C6, NU3C7, NU3C8, NU3C9, NU3E1, NU3E2, NU3E3, NU3E4, NU3E5, NU3E6, NU3F1, NU3F2, NU3F3, NU3F4, NU3F5, NU3F6, NU3G1, NU3G2 |
3 | Canberra | MW4D9, MW4H3, MW5A4, MW5A5, MW5A6, MW5A7, MW5A8, MW5A9, MW5E1, MW5E2, MW5E3, MW5E4, MW5E5, MW5E6, MW5E7, MW5E8, MW5F1, MW5F4 |
4 | Darwin | GO7H, GO8E, GO7D7, GO7D8, GO7D9, GO7G6, GO7G9, GO7L1, GO7L2, GO7L3, GO7L4, GO7L5, GO7L6, GO8A7, GO8A8, GO8I1, GO8I2, GO8I3, GO8I4, GO8I5 |
5 | Hobart | LY9I9, LY9J7, LY9M2, LY9M3, LY9M5, LY9M6, LY9M8, LY9M9, LY9N1, LY9N2, LY9N4, LY9N5, LY9N7, LY9N8 |
6 | Melbourne | KX3G, KX3H, KX3J, KX3K, KX3L, KX3N, KX3O, KX3P, KX6B, KX6C, KX6D, KX6F, KX6G, KX6H, LX1I, LX1J, LX1M, LX1N, LX4A, KX3I3, KX3I5, KX3I6, KX3I8, KX3I9, KX3M2, KX3M3, KX3M5, KX3M6, KX3M8, KX3M9, KX6A2, KX6A3, KX6A5, KX6A6, KX6A8, KX6A9, KX6E2, KX6E3, KX6E5, KX6E6, KX6E8, KX6E9, LX4B1, LX4B2, LX4B3, LX4B4, LX4E1, LX4E2, LX4E3, LX4E4, LX4E5, LX4E6 |
7 | Perth | BV1P, BV2M, BV4D, BV5A, BV1K8, BV1K9, BV1L7, BV1L8, BV1L9, BV1O2, BV1O3, BV1O5, BV1O6, BV1O8, BV1O9, BV2I7, BV2I8, BV2I9, BV4C2, BV4C3, BV4C5, BV4C6, BV4C8, BV4C9, BV4G2, BV4G3, BV4G5, BV4G6, BV4H1, BV4H2, BV4H3, BV4H4, BV4H5, BV4H6, BV5E1, BV5E2, BV5E3, BV5E4, BV5E5, BV5E6 |
8 | Sydney | MV9H, MV9K, MV9L, MV9N, MV9O, MV9P, MW3B, MW3C, MW3D, MW3G, MW3H, NV4N, NV4O, NV4P, NV5M, NV7A, NV7B, NV7C, NV7D, NV7E, NV7F, NV7G, NV7I, NV7J, NV7M, NV7N, NW1A, MV9D3, MV9D5, MV9D6, MV9D7, MV9D8, MV9D9, MV9G3, MV9G6, MV9G8, MV9G9, MV9J6, MV9J8, MV9J9, MV9M6, MV9M8, MV9M9, MW3A1, MW3A2, MW3A3, MW3A5, MW3A6, MW3A9, MW3F1, MW3F2, MW3F3, MW3F5, MW3F6, MW3F9, MW3K1, MW3K2, MW3K3, MW3K5, MW3K6, MW3K9, MW3L1, MW3L2, MW3L3, MW3L4, MW3L5, MW3L6, MW3L7, MW3L8, MW3P1, NV4J6, NV4J8, NV4J9, NV4K2, NV4K3, NV4K4, NV4K5, NV4K6, NV4K7, NV4K8, NV4K9, NV4L1, NV4L2, NV4L4, NV4L5, NV4L6, NV4L7, NV4L8, NV4L9, NV4M5, NV4M6, NV4M7, NV4M8, NV4M9, NV5I7, NV5I8, NV5I9, NV5J7, NV5J8, NV5N1, NV5N2, NV5N4, NV7H1, NV7H2, NV7H3, NV7H4, NV7H5, NV7H7, NV7K1, NV7K2, NV7K3, NV7K4, NV7K5, NV7K6, NV7K7, NV7K8, NV7O1, NW1B1, NW1B2, NW1B4, NW1B7, NW1E1, NW1E2, NW1E3, NW1E4, NW1E5, NW1E7, NW1I1 |
Note: Column 1 is included for information only.
Schedule 2 Designated areas
(section 4, subsection 7(4))
1 Designated area
(1) Subject to subclause (3), the ACMA may, by notifiable instrument, designate an area (designated area) for the purposes of section 4 and paragraph 7(4)(c).
Note: See subsection 32(5A) of the Act.
(2) Before the ACMA makes a notifiable instrument under subclause (1), the ACMA must have regard to:
(a) the effect on radiocommunications of the potential operation of a radiocommunications device, for the purposes of television outside broadcast services, in the area;
(b) the effect on radiocommunications of the potential operation of a radiocommunications device, for the purposes of mobile-satellite services, in and near the area; and
(c) all other matters the ACMA considers relevant.
(3) The ACMA must not make a notifiable instrument under subclause (1) on or after 1 March 2026.
(4) The ACMA may make an instrument under subclause (1) regardless of whether a person has made an application under clause 2.
(5) Each area that consists of the HCIS identifiers specified in column 2 of the table is also a designated area.
Item | Column 1 | Column 2 |
| Name | HCIS identifiers |
1 | Ballarat, Victoria | KX2L1, KX2L2 |
2 | Bathurst, New South Wales | MV8G4, MV8G5, MV8G7, MV8G8 |
3 | Bendigo, Victoria | KW9J7, KW9N1 |
4 | Bunbury, Western Australia | BV7G5 |
5 | Cairns, Queensland | LQ1O9, LQ1P7 |
6 | Launceston, Tasmania | LY6E8 |
7 | Mackay, Queensland | MR8A5, MR8A6, MR8A9 |
8 | Phillip Island, Victoria | LX4E9, LX4I3 |
9 | Sunshine Coast, Queensland | NT6I8 |
10 | Townsville, Queensland | LR2G3, LR2H1 |
11 | Wanneroo, Western Australia | BV1L4, BV1L7 |
Note: Column 1 is included for information only.
2 Application for notifiable instrument to be made
(1) A person may apply, in writing, for the ACMA to make an instrument under subclause 1(1) in relation to an area specified in the application.
(2) An application under subclause (1) must be:
(a) in a form approved by the ACMA (if any); and
(b) made in a manner approved by the ACMA (if any).
(3) If a person makes an application under subclause (1), the ACMA must decide whether to grant the application within 90 days after the application is made, or such longer period as agreed between the ACMA and the applicant.
(4) The ACMA must, within 14 days after the decision under subclause (3) is made, give the applicant a written notice of:
(a) the decision; and
(b) if the decision is not to grant the application – the reasons for the decision and the applicant’s right to request a reconsideration of the decision under clause 3.
(5) If the decision is to grant the application, the ACMA must, within 14 days after the decision is made, make an instrument under subclause 1(1) designating the area specified in the application.
3 Reconsideration and external review
(1) If the ACMA refuses to grant an application made under subclause 2(1), the applicant may, within 30 days after being notified under paragraph 2(4)(b), request the ACMA to reconsider the decision.
(2) A request under subclause (1) must:
(a) be made in writing; and
(b) set out the reasons for the request.
(3) The ACMA must, within 90 days after the request is received, reconsider the relevant decision and either:
(a) affirm the decision; or
(b) make a fresh decision to the effect that the ACMA must, within 14 days after the decision is made, make an instrument under subclause 1(1) designating the area specified in the application.
(4) The ACMA must, within 14 days after affirming the decision or making a fresh decision under subclause (3), give the applicant a written notice of:
(a) whether the ACMA has affirmed the decision or made a fresh decision; and
(b) if the ACMA affirms the decision – the reasons for affirming the decision and the applicant’s right to have the affirmation of the decision reviewed under subclause (5).
(5) If the ACMA affirms the decision under subclause (3), the applicant may apply to the AAT for review of the decision to refuse to grant the application.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
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Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Radiocommunications (Mobile-Satellite Service) (1980–2010 MHz and 2170–2200 MHz) Frequency Band Plan 2022 | 27 June 2022 | 28 June 2022 |
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Radiocommunications (Science and Research) Frequency Band Plans Amendment Instrument (No. 1) 2023 | 30 August 2023 | 31 August 2023 |
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Endnote 4—Amendment history
Provision affected | How affected | |
s.2..................... | rep. LA s.48D | |
s.6(1)................... | am. F2023L01129 | |
s.6(2)................... | am. F2023L01129 | |
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