Radiocommunications (Transmitter Licence Tax) Amendment Determination 2025 (No. 2)
The Australian Communications and Media Authority makes the following instrument under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983.
Samantha Yorke
[signed]
Member
Michael Brealey
[signed]
General Manager
Australian Communications and Media Authority
This is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2025 (No. 2).
This instrument commences on 23 September 2025.
Note: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.
This instrument is made under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983.
The instrument that is specified in Schedule 1 to this instrument is amended as set out in the applicable items of the Schedule, and any other item in Schedule 1 has effect according to its terms.
1 Subsection 5(1)
Insert:
fixed licence (point to multipoint system) has the meaning given by:
(a) the Radiocommunications Licence Conditions (Fixed Licence) Determination 2025; or
(b) if a later instrument replaces that determination and defines the term – the later instrument.
fixed licence (point to multipoint system – 3.4 GHz band) means a fixed licence (point to multipoint system) that authorises the operation of a radiocommunications transmitter in either or both of the following frequency bands:
(a) 3400 MHz to 3475 MHz;
(b) 3950 MHz to 4000 MHz.
2 Subsection 5(1) (definitions of Part 1 licence, Part 3 licence, Part 7 licence, Part 9 licence, Part 10 licence, Part 11 licence, Part 12 licence, set amount licence and spectrum access licence)
Omit ‘subclause’, substitute ‘sub-item’.
3 Subsection 5(1) (definitions of Part 2 licence, Part 4 licence, Part 5 licence, Part 8 licence and Part 13 licence)
Omit ‘clause’, substitute ‘item’.
4 Subsection 5(1) (definition of Part 6 licence)
Omit ‘clause 29’, substitute ‘sub-item 29(2)’.
5 Paragraph 5(5)(d)
After ‘Part 6 licence’, insert ‘(other than a fixed licence (point to multipoint system – 3.4 GHz band))’.
6 Subparagraph 5(6)(a)(iii)
Repeal the subparagraph, substitute:
(iii) a licence that authorises the operation of a station that is part of a land mobile system other than a wireless audio system;
(iv) a fixed licence (point to multipoint system – 3.4 GHz band); and
7 Sub-item 11(2) of Schedule 1
Repeal the sub-item, substitute:
(2) This Part does not apply to:
(a) a harmonised government spectrum area licence; or
(b) a fixed licence (point to multipoint system – 3.4 GHz band).
Note 1: For harmonised government spectrum area licences, see Part 4 of this Schedule.
Note 2: For fixed licences (point to multipoint system – 3.4 GHz band), see Part 6 of this Schedule.
8 Part 6 of Schedule 1 (heading)
Repeal the heading, substitute:
9 Item 29 of Schedule 1
Repeal the item, substitute:
(1) This Part applies to a licence that authorises the operation of a point to multipoint station, other than a licence to which Part 3 of this Schedule applies.
Note 1: A station may comprise one or more radiocommunications transmitters, and one or more radiocommunications receivers. A licence will only authorise the operation of the radiocommunications transmitters that are part of the station.
Note 2: Part 3 of this Schedule applies to a licence that authorises the operation of a point to multipoint station that is part of a point to multipoint system, other than a fixed licence (point to multipoint system – 3.4 GHz band). Therefore this Part applies to a fixed licence (point to multipoint system – 3.4 GHz band).
(2) A licence to which this Part applies is a Part 6 licence.
10 Item 30 of Schedule 1
Omit ‘items 31 and 32’, substitute ‘items 31, 31A and 32’.
11 After item 31 of Schedule 1
Insert:
Subject to item 32, the annual amount for a micro power spectrum access for a fixed licence (point to multipoint system – 3.4 GHz band) is the amount worked out under item 30 for the spectrum access, multiplied by 5 per cent.
12 Item 32 of Schedule 1
Omit ‘item 30 or item 31’, substitute ‘item 30, item 31 or item 31A’.
13 Subsection 5(1)
Insert:
underground PMTS licence means a PTS licence (PMTS Class B) that:
(a) authorises the operation of a radiocommunications transmitter only in the 3.4 GHz band; and
(b) is subject to one or more conditions that have the following effect (whether or not it is subject to any other conditions):
(i) a radiocommunications transmitter must only be operated in an underground space;
(ii) a radiocommunications transmitter must not be operated if the maximum EIRP density of the transmitter would exceed 3 nW per MHz, when measured at any aboveground opening that connects to the underground space.
underground PMTS licence (ASMG) means an underground PMTS licence, other than an underground PMTS licence (non-ASMG).
underground PMTS licence (non-ASMG) means an underground PMTS licence that authorises the operation of one or more radiocommunications transmitters only outside the area covered by the ASMG.
14 Schedule 1 (at the end of Table 8)
Add:
16 | Underground PMTS licence (ASMG) | (a) first, identify the spectrum accesses for the licence; (b) second, identify how many Level 2 HCIS blocks include one or more of those spectrum accesses; (c) third, multiply the number of Level 2 HCIS blocks by the minimum annual amount |
17 | Underground PMTS licence (non-ASMG) | (a) first, identify how many spectrum accesses there are for the licence; (b) second, multiply the number of spectrum accesses by the minimum annual amount |