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Allocation limits for the 3.4/3.7 GHz bands allocation process

Announcement date
5/07/2023

Link to announcement 
https://www.acma.gov.au/consultations/2023-02/draft-allocation-and-technical-instruments-3437-ghz-bands-auction

Problem being addressed
Whether the Australian Communications and Media Authority (ACMA) should implement allocation limits in the 3.4/3.7 GHz bands allocation process to prevent the monopolisation of spectrum available at auction, and if so, what those limits should be.

Proposal
The spectrum licence allocation process and the considerations on allocation limits intends to strike the right balance between the objectives of supporting the efficient allocation of spectrum, supporting digital connectivity and investment in regional Australia, and promoting competitive markets. Based on the ACMA's analysis of 3.4/3.7 GHz bands and their allocation, in conjunction with both Australian Competition and Consumer Commission (ACCC) advice to the ACMA and also stakeholder feedback to previous consultations, the ACMA identified 3 options for the quantum of spectrum allocation limits, with option 2 (140 MHz limit in metropolitan areas, and 160 MHz limit in regional areas, in the cross-band frequency range of 3.4-3.8 GHz) being demonstrated as the preferred option. 

Assessed Impact Analysis outcome
Relevant.

Assessment comments
The Office of Impact Analysis (OIA) considers the certified materials are relevant to the identified policy problem, but has not considered or assessed the depth of analysis or the quality of the certified materials. Note – the draft outcomes paper certified by the ACMA was updated prior to publication to include additional relevant information that did not materially alter the analysis. 

Regulatory burden

The OIA notes the ACMA has not calculated average annual regulatory costs, asserting it is not privy to information regarding participating bidders’ processes.

Please note – any accessibility enquiries should be addressed to the ACMA.

Attachment File type Size
Certification Letter docx 469.23 KB
Certification Letter pdf 254.96 KB
Consultation Paper docx 4.33 MB
Consultation Paper pdf 2.76 MB
Outcomes Paper docx 638.55 KB
Outcomes Paper pdf 606.41 KB
ACCC advice pdf 895.88 KB