Footnotes

Chapter 1 - Introduction

[1]        Senate Selection of Bills Committee, Report No. 11 of 2010: see Senate Hansard, 30 September 2010, p. 529. The bill had been introduced into the House of Representatives on 16 June 2010, but lapsed at the end of the 42^nd Parliament before being debated. It was reintroduced into the House of Representatives in the new parliament on 30 September 2010.

[2]        Department of Broadband, Communications and the Digital Economy, Public Interest Criteria for Re-issue of Spectrum Licences – Discussion Paper for Public Consultation, April 2009, www.archive.dbcde.gov.au/2010/january/public_interest_criteria_for_re-issue_of_spectrum_licences (accessed 2 November 2010). House of Representatives Hansard, 28 October 2010, p. 17ff.

[3]        This section is based on p. 5 of the explanatory memorandum.

[4]        Radiocommunications Act 1992, sections 60 and 80.

[5]        Radiocommunications Act 1992, paragraph 82(1)(b).

[6]        Radiocommunications Act 1992, paragraph 82(1)(a) and subsection 82(3).

[7]        Radiocommunications Act 1992, subsection 82(5).

[8]        Senator the Hon S. Conroy, Minister for Broadband, Communications and the Digital Economy, Fifteen year spectrum licence pathway, media release, 4 March 2010.

[9]        Explanatory memorandum, p. 2. Senator the Hon. S. Conroy, Minister for Broadband, Communications and the Digital Economy, address to AMTA Member Networking Forum, 3 March 2010. Department of Broadband, Communications and the Digital Economy, Public Interest Criteria for Re-issue of Spectrum Licences – Discussion Paper for Public Consultation, April 2009.

[10]      Senator the Hon. S. Conroy, Minister for Broadband, Communications and the Digital Economy, address to AMTA Member Networking Forum, 3 March 2010.

Chapter 2 - Issues for consideration

[1]        Radiocommunications Act 1992, section 82.

[2]        Radiocommunications Act 1992, subsection 82(4).

[3]        Schedule 1, item 4, amendment to subsection 82(4).

[4]        Explanatory memorandum, p. 18.

[5]        Senate Standing Order 24.

[6]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no. 9 of 2010, pp 11–12. Emphasis in original.

[7]        Senator the Hon. S. Conroy, Minister for Broadband, Communications and the Digital Economy, address to AMTA Member Networking Forum, 3 March 2010.

[8]        Explanatory memorandum, p. 21.

[9]        For example, the Hon. M. Turnbull MP, House of Representatives Hansard, 28 October 2010, p. 18.

[10]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no. 9 of 2010, pp 11–12.

[11]      A class licence authorises anyone to operate a radiocommunications device of a specified kind or for a specified purpose. Class licences are often used for low powered wireless devices such as cordless telephones, remote garage door openers and Bluetooth applications. Radiocommunications Act 1992, section 132. Explanatory memorandum, p. 6. Further information about coexistence is in ACMA, Proposal to amend the Radiocommunications Act 1992 to allow the authorisation of devices under class licences in spectrum designated for spectrum licensing (section 36), 2006.

[12]      Radiocommunications Act 1992, section 138.

[13]      Explanatory memorandum, pp 6–7.

[14]      The concept of 'unacceptable levels of interference' already exists in section 145 of the Act: the ACMA may refuse to register a transmitter if its operation could cause unacceptable levels of interference to other licences radiocommunications devices.

[15]      Schedule 1, item 7, proposed amendment of section 138. Items 5 and 6 of the bill are consequential amendments to section 138.

[16]      See Department of Broadband, Communications and the Digital Economy, Public Interest Criteria for Re-issue of Spectrum Licences – Discussion Paper for Public Consultation, April 2009, www.archive.dbcde.gov.au/2010/january/public_interest_criteria_for_re-issue_of_spectrum_licences (accessed 2 November 2010). See for example submissions in response from Australian Mobile Telecommunications Association, Optus, Qualcomm, Telstra, Unwired Australia with concerns about coexistence; from AeroMobile, Qantas Airways and V Australia supporting it.

[17]      Explanatory memorandum, p. 13.

[18]      Explanatory memorandum, p. 7.

[19]      Senator the Hon. S. Conroy, Minister for Broadband, Communications and the Digital Economy, address to AMTA Member Networking Forum, 3 March 2010.

[20]      Item 5, proposed paragraph 136(1A)(b), and item 7, proposed paragraph 138(2)(b).

[21]      Radiocommunications Act 1992, section 139.

[22]      Explanatory memorandum, p. 12.

[23]      Radiocommunications Act 1992, sections 78 and 79. The explanatory memorandum for the Radiocommunications Bill 1992 does not indicate why the time limit was included.

[24]      Schedule 1, items 2 and 3.

[25]      Radiocommunications Amendment Bill 2010, explanatory memorandum, p. 2.

[26]      Senator the Hon. S. Conroy, Minister for Broadband, Communications and the Digital Economy, address to AMTA Member Networking Forum, 3 March 2010.

[27]      Explanatory memorandum, p. 2.

[28]      Explanatory memorandum, p. 21.

[29]      This was suggested in some submissions to DBCDE's April 2009 discussion paper on public interest criteria for reissue of spectrum licences – for example, see submissions from Defence and Qualcomm at www.archive.dbcde.gov.au/2010/january/public_interest_criteria_for_re-issue_of_spectrum_licences (accessed 2 November 2010).