Implementing outcomes of the 11 GHz and 28 GHz reviewsConsultation paperDECEMBER 2019

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Executive summary

Issues for comment

11 GHz band review outcomesTechnical feasibility 4ACMA response 4

Technical restrictions or conditions 4ACMA response 5

Implementation issues 5Licensing 5Pricing 5Licence assessment procedures 5Other implementation issues 6ACMA response 6

Mid‐West Radio Quiet ZoneAmendment to the CSO Class Licence 7Changes to licence assessment procedures 7

28 GHz review outcomesCurrent arrangements in the 17.7–20.2 GHz and 28 GHz bands 8Planning and implementation issues 928 GHz band 917.7–20.2 GHz band 10

Proposal 10

ProposalsVariation to the CSO Class Licence 12Amendment to the Transmitter Licence Tax Determination 13Changes to licence assessment procedures 13

Invitation to commentMaking a submission 15

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Contents (Continued)

Attachment A: Overview of space-based communications system licensingRequirement to licence earth station receivers 16

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Executive summary

To support the introduction of new satellite services into Australia, the ACMA is consulting on proposals to improve spectrum access and pricing arrangements for the satellite service as outcomes of the reviews of the 11 GHz and 28 GHz bands.

In July 2019, the ACMA sought views on Proposed sharing arrangements in the 11   GHz band . The consultation considered the technical feasibility of arrangements to enable the use of uncoordinated earth station receivers under class licensing arrangements in the 10.7–11.7 GHz band (known as the 11 GHz band).

The ACMA is progressing the commitment made in the September 2019 paper Future use of the 28 GHz band: Planning decisions and preliminary views to:

> facilitate ubiquitous fixed-satellite services (FSS) earth stations to operate:> on a primary basis in the range 27.5–28.1 GHz outside population centres1

and in the range 28.1–29.5 GHz Australia-wide> on a secondary basis in the range 27.5–28.1 GHz in population centres.

> consider possible arrangements for ubiquitous FSS in the associated FSS downlink band (17.7–20.2 GHz).

Following consideration of submissions, the ACMA has decided to progress with amending the Radiocommunications (Communication with Space Object) Class Licence 2015 (CSO Class Licence) to facilitate use of the 11 GHz band for earth receive stations and to propose revised related pricing arrangements.

The proposed changes are intended to:> support the introduction of new satellite services and applications such as high-

throughput satellite systems > support satellite-based internet of things > enable low-latency satellite services through low earth orbit non-geostationary orbit

(NGSO) systems > enable operators to take advantage of technical developments supporting use of

earth stations in motion in the fixed satellite service.

The ACMA is also improving transparency of the existing requirement to protect the Mid-West Radio Quiet Zone (the RQZ) from interference in the CSO Class Licence by including additional advisory information.

The aims of this paper are to:> report on the outcomes of the 11 GHz band consultation and consult on the

inclusion of the 10.7–11.7 GHz band in the CSO Class Licence> consult on the inclusion of notes related to the RQZ in the CSO Class Licence> implement some the outcomes of the 28 GHz band review by:

1 Population centres are defined as areas subject to the Radiocommunications (Spectrum Re-allocation—26   GHz band) Declaration 2019 .

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> consulting on the inclusion of the 28.3–28.5 GHz and 29.1–29.5 GHz bands in the CSO Class Licence

> consulting on the inclusion of the 18.2–18.8 GHz and 19.3–19.7 GHz bands in the CSO Class Licence

> consult on amending the apparatus transmitter licence taxes applicable in the 10.7–11.7 GHz, 18.2–18.8 GHz and 19.3–-19.7 GHz bands to complement the proposed changes to the CSO Class Licence.

A further extension of arrangements to facilitate ubiquitous FSS below 28.3 GHz will occur following further investigation of coexistence measures and consideration of the outcomes of the 26/28 GHz band apparatus licence technical framework Technical Liaison Group (TLG).

A draft of the Radiocommunications (Communication with Space Object) Class Licence Variation 2020 (No. 1) is provided for consultation with this paper. Proposed changes to the Radiocommunications (Transmitter Licence Tax) Determination 2015 and amendments to the ACMA’s business operating procedure for submission and processing of applications for space and space receive apparatus licences2 are also considered in this paper.

2 Current version is available on the ACMA website.

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Issues for commentThe ACMA invites comments on the issues set out in this consultation paper including:1. The draft instrument Radiocommunications (Communication with Space Object)

Class Licence Variation 2020 (No. 1).2. Proposed amendments to the Radiocommunications (Transmitter Licence Tax)

Determination 2015.3. Proposed amendments to the ACMA’s business operating procedure for

submission and processing of applications for space and space receive apparatus licences.

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11 GHz band review outcomesThe ACMA released the paper Proposed sharing arrangements in the 11   GHz band on 8 July 2019. The consultation period closed on 19 August 2019 with the last submission received on 22 August 2019. Nine submissions were received, from:> Communications Alliance—Satellite Services Working Group (CA SSWG)> Eutelsat> Intelsat> Kepler> NBN Co> OneWeb> Optus> SpaceX> Telstra.

All submissions supported the proposal to allow use of uncoordinated earth receive stations in the 10.7–11.7 GHz band (the 11 GHz band) and agreed with analysis presented in the discussion paper that indicated the risk of interference is low or negligible.

Eight out of nine submissions supported the proposed approach of facilitating access to the 11 GHz band by amending the Radiocommunications (Communication with Space Object) Class Licence 2015 (the CSO Class Licence).

Technical feasibilityComment was sought on whether it would be feasible to operate earth receive stations in the interference environment of the 11 GHz band in the long term, noting that the planning intention would be not to compromise the future use of the 11 GHz band by the fixed service.

All submissions agreed the interference risk is low. No submissions raised any concerns regarding the technical feasibility of uncoordinated earth station receivers operating in the interference environment that exists in the 11 GHz band.

ACMA responseThe ACMA intends to implement the proposed sharing arrangements for uncoordinated earth station receivers in the 11 GHz band based on the proviso that no constraints are placed on future growth of fixed point-to-point services in the band. Under this arrangement of permitting uncoordinated earth station receivers, they would not be protected from interference—from either current or future fixed point-to-point links.

Technical restrictions or conditionsComment was sought on whether there is a need to impose technical restrictions or conditions on the operation of uncoordinated earth station receivers in the 11 GHz band. Overall, respondents did not support technical restrictions or conditions on satellite services in the band.

Eutelsat did not see any need for technical restriction or conditions on the operation of uncoordinated earth station receivers, as without coordination with fixed point-to-point

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services there is no guarantee that such conditions would result in a reduced interference risk.

Intelsat stated it was not necessary to impose any technical restrictions or conditions on the operation of Earth Stations In-Motion (ESIM) in the 11 GHz band, and that it should not be necessary to require all users to have an apparatus licence to authorise use in another frequency, which was a potential technical condition proposed in the previous 11 GHz paper.

CA SSWG stated design parameter details should be left to prospective licensees when negotiating during the licensing process as one-size does not fit all (i.e. different antenna parameters and other operating parameters apply to different satellite constellations).

However, some satellite operators expressed a desire to restrict new fixed point-to-point licences, either entirely or in specific areas.

ACMA responseNo additional technical restrictions or conditions are to be placed on the operation of uncoordinated earth station receivers in the 11 GHz band. Existing provisions in the Business Operating Procedure (BOP) Submission and processing of applications for space and space receive apparatus licences will apply.

The onus will be on the operator of earth station receivers to apply for an Earth receive apparatus licence in cases where coordination and interference management is required for specific ground stations.

Implementation issuesComment was sought on any implementation issues for licensing options, pricing and updates to licence assessment procedures.

LicensingSeven out of eight submissions supported implementation through amendment of the CSO Class Licence. Telstra suggested an alternative approach which involves amending the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014 to exempt uncoordinated earth receive stations operating in the 10.7–12.75 GHz band from licensing, thereby removing the requirement to licence the receive component of an earth station altogether.

PricingIntelsat, OneWeb, CA SSWG and Telstra commented on the cost of apparatus licences and called for a reduction or review of taxes.

Licence assessment proceduresIn the July 2019 paper it was noted that any updates required to procedures for submission and processing of applications for space and space receive apparatus licences would be considered if an amendment of the CSO Class Licence was pursued. The updates the ACMA envisaged in the July 2019 paper included:

> consideration of the arrangements for earth stations in motion in 11.7–12.75 GHz to include 10.7–11.7 GHz. These arrangements are expect to be similar to those considered in the consultation paper IFC 6/2019 Earth stations in motion in Ku band

> revisions of applicability of existing special conditions and advisory notes

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> including a requirement that space apparatus licensees provide written confirmation that they accept that operation of uncoordinated earth station receivers would be on the basis that no protection is afforded from interference — from either current or future fixed links, and that operation is not to constrain the future growth of fixed services in this band nor would they be considered in future replanning processes for fixed services.

OneWeb and CA SSWG addressed licence assessment procedures and agreed the scope of updates proposed by the ACMA is appropriate.

Other implementation issuesTelstra recommended that all vendors selling receivers clearly publicise they are not protected from any interference caused by other licensed users in the 10.7–11.7 GHz band, and that the ACMA undertake appropriate public education.

ACMA responseThe ACMA considered the submissions and will proceed with modifying the CSO Class Licence to include the 10.7–11.7 GHz band on the condition that no constraints are placed on future growth of fixed point-to-point services in the band. Modifications to the business operating procedure for submission and processing of applications for space and space receive apparatus licences (space/space receive BOP) are discussed in the proposals section of this paper.

The alternative approach of amending the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014 was considered. This approach represents a significant departure from the current practice and means that the procedures conducted when considering space apparatus licence applications, including consistency with ITU arrangements, would not be conducted. For these reasons and given the significant support for varying the CSO Class Licence, this alternate approach has not been pursued.

The onus is on the licensee to provide information to customers regarding expected quality of service and the ACMA will not undertake a public education campaign on this issue.

Given the difference in the operating environment between the 10.7–11.7 GHz and 11.7–12.75 GHz bands, the ACMA will pursue a reduction in taxes in the 10.7–11.7 GHz band to reflect the lower level of spectrum denial in this segment of the band.

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Mid‐West Radio Quiet ZoneThe Mid-West Radio Quiet Zone (the RQZ) is home to the Murchison Radio astronomy Observatory (MRO). The Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011 (the RQZ band plan) was established in July 2011 to establish the RQZ.

To enhance protection and provide greater visibility of the protection requirements for the RQZ the ACMA is proposing changes to the Radiocommunications (Communication with Space Object) Class Licence 2015 (CSO Class Licence) and the ACMA administrative assessment procedures for space and space receiver apparatus licences.

Amendment to the CSO Class Licence In order to highlight the protection provided in the RQZ band plan, it is proposed that a note be added to the CSO Class Licence to point out that operation of stations must be consistent with the RQZ band plan. Ordinarily, the ACMA would consider harmful interference to be caused to radioastronomy services by a station on land that is transmitting under the Communications with Space Object Class Licence within 70 kilometres of the RQZ. However, this will not be the case if the entity responsible for operating the MRO (the CSIRO) has agreed to such operation. A note to this effect will be inserted in the CSO Class Licence.

Changes to licence assessment proceduresIn the consultation paper Earth stations in motion in Ku band, it was proposed to include additional ACMA business operating procedures to provide for greater visibility of the existing requirement to protect radioastronomy services in the RQZ as intended by the RQZ Band Plan.

While this was only for Ku Band ESIM at the time, comment was sought on whether these procedures should be expanded to all space and space receive licence applications in the future. There was general support for such an approach.

The ACMA is proposing to expand procedures in the section Protection for the Mid-West Radio Quiet Zone in Appendix E of the space/space receive BOP to all space and space receive licence applications in the frequency range of the RQZ band plan, that is 70 MHz–25.5 GHz. This is being considered as part of the review of space licencing procedures.

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28 GHz review outcomesIn September 2019, the ACMA released the paper titled Future use of the 28 GHz band: Planning decisions and preliminary views (the 28 GHz review outcomes paper), which concluded the ACMA’s review of planning arrangements for the 28 GHz band (27.5–29.5 GHz). The paper detailed planning decisions made for the 28 GHz band, as well as preliminary views the ACMA has formed on the associated licensing and technical conditions that are to be developed.

A key planning decision made for the 28 GHz band was to increase the amount of spectrum available for ubiquitous FSS3 use, including the availability of at least 1.9 GHz4 of contiguous uplink spectrum Australia-wide. This section discusses the proposed implementation of the arrangements to support ubiquitous FSS use in the 28.3–30 GHz portion of the 28 GHz band where it was decided that FSS would remain the primary user. The ACMA also committed to work with industry to identify possible arrangements to support ubiquitous FSS use in areas and frequencies identified for fixed wireless access (FWA) on a primary basis (that is, inside the 27.5–28.1 GHz frequency range in large population centres) and to support ubiquitous FSS use in areas outside large population centres in the 27.5–28.1 GHz band. However, further investigation of potential conditions to apply to ubiquitous FSS use of the 27.5–28.3 GHz band is required. Additionally, the ACMA needs to investigate potential conditions that could apply to ubiquitous FSS use at the frequency boundary of 28.3 GHz. To allow for all possible outcomes of this investigation, the 27.5–28.3 GHz frequency range is not considered in this paper. The 28 GHz review outcomes paper also included the decision to investigate options for the extension of existing ubiquitous FSS use in the associated downlink segment in the 17.7–20.2 GHz band.

Current arrangements in the 17.7–20.2 GHz and 28 GHz bandsThe technical information paper Sharing between fixed point-to-point links and uncoordinated earth station receivers in 17.7–19.7 GHz, which has been released with this paper, outlines the case for facilitating the use of uncoordinated earth station receivers in the 18.2–18.8 GHz and 19.3–19.7 GHz bands. The proposed new spectrum planning arrangements in the 17.7–20.2 GHz band are illustrated in Figure 1. Figure 2 illustrates the planning decisions made for the 28 GHz band as detailed in the 28 GHz review outcomes paper.

3 In the context of this paper, the term ‘ubiquitous FSS’ refers to fixed earth stations at unknown locations (typically end user terminals) and earth stations in motion (ESIM). Due to the nature of these devices, they are typically not coordinated with other services to manage interference.

4 This includes spectrum in the adjacent 29.5–30 GHz frequency range where arrangements for ubiquitous FSS are already in place. This band was outside of the scope of the 28 GHz band review.

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Figure 1: Proposed new spectrum planning arrangements in the 17.7–20.2 GHz band

Figure 2: Proposed spectrum planning arrangements for the 28 GHz band

27.5-28.1 GHz (600 MHz)INSIDE POP. CENTRES

Primary: FWA/FSS gatewaySecondary: ubiquitous FSS*

28.1-30 GHz (1900 MHz)AUSTRALIA WIDEPrimary: All FSSSecondary: FWA27.5-28.1 GHz (600 MHz)

OUTSIDE POP. CENTRESPrimary: All FSSSecondary: FWA

* The possibility of this, including any restrictions on use, will be further investigated

Planning and implementation issues28 GHz bandAs outlined in the 28 GHz outcomes paper, the ACMA has decided to extend arrangements for ubiquitous FSS in the 28 GHz band as follows:> facilitate ubiquitous fixed-satellite services (FSS) earth stations to operate:

> on a primary basis in the range 27.5–28.1 GHz outside population centres5 and in the range 28.1–29.5 GHz Australia-wide

> on a secondary basis in the range 27.5–28.1 GHz in population centres.

It was also decided that in the frequency range 27.5–28.1 GHz and inside large population centres, FWA services will operate on a co-primary basis with apparatus licensed FSS earth transmit stations and will be afforded protection from ubiquitous FSS. The 28 GHz outcomes paper also outlined the next steps and an indicative timetable for the development and implementation of these and other decisions outlined in the paper. This includes the development of technical arrangements for 26/28 GHz wireless broadband apparatus licences and 26 GHz spectrum licences via a technical liaison group (TLG) process. The ACMA’s preliminary views on some of the key conditions that could apply to ubiquitous FSS use of the 28 GHz band were also outlined in the 28 GHz outcomes

5 Population centres are defined as areas subject to the Radiocommunications (Spectrum Re-allocation—26   GHz band) Declaration 2019 .

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paper. These included possible conditions on ubiquitous FSS use in the 28.1–29.5 GHz frequency range to manage adjacent band interference to FWA use of the 27.5–28.1 GHz frequency range in large population centres and a number of potential conditions on ubiquitous FSS use in the 27.5–28.1 GHz frequency range.To enable proper consideration of both co-channel and adjacent channel sharing, while not unnecessarily delaying the extension of class licensing arrangements in the upper part of the 28 GHz band, the implementation of the decisions outlined in the 28 GHz outcomes paper will be completed in two tranches. Firstly, in this paper and associated draft variation to the CSO Class Licence, the extension of class licensing arrangements for FSS to a lower bound of 28.3 GHz will be considered. Secondly, following consideration of co-channel and adjacent channel sharing with FWA services, class licencing arrangements for FSS between 27.5 GHz and 28.3 GHz will be considered. Considering arrangements down to 28.3 GHz at this time provides 200 MHz separation from the 27.5–-28.1 GHz band. This is sufficient in the short term, given channel bandwidths up to 200MHz are being considered for FWA in the 27.5–28.1 GHz band. Therefore, the first adjacent channel extends to 28.3 GHz. This also beyond the current international lower bound of 28.35 GHz for high-density applications in the fixed-satellite service (HDFSS) identified in Footnote 5.516B of Article 5 of the International Telecommunication Union Radio Regulations. The ACMA will progress further extension of arrangements for ubiquitous FSS in the 27.5–28.3 GHz frequency range following further investigation of coexistence measures and consideration of the outcomes of the TLG.

17.7–20.2 GHz bandThe ACMA undertook a thorough technical analysis of the potential interference between uncoordinated earth station receivers and fixed point-to-point links in the 18.2–18.8 GHz and 19.3–19.7 GHz bands. This is detailed in the technical information paper Sharing between fixed point-to-point links and uncoordinated earth station receivers in 17.7–19.7 GHz, which has been released alongside this consultation paper. The analysis indicates that the operation of uncoordinated earth station receivers in the 18 GHz band could be feasible with a modest probability of interference to earth receive stations. This is analogous with the 11 GHz band. Consistent with the objective of maximising the overall public benefit derived from use of the spectrum through shared access when possible, the ACMA is proposing to adopt the same approach as is being pursued in the 11 GHz band. That is, that uncoordinated earth receive stations could be supported in the 18.2–18.8 GHz and 19.3–19.7 GHz bands on a non-protected basis. This access would be premised on the basis that development of arrangements to allow the use of uncoordinated earth station receivers in the 18.2–18.8 GHz and 19.3–19.7 GHz bands would not:> create constraints on the use of the band by the fixed service either now or in

the future> constrain any future replanning to support fixed services.

As evidenced by the significant and growing use of these bands, the 18.2–18.8 GHz and 19.3–19.7 GHz bands are and will continue to be a key resource for fixed point-to-point services.

ProposalThe ACMA also proposes to include in the CSO Class Licence the 28.3–30 GHz band as authorised frequencies for transmission of radio emissions, amalgamating the 28.5–29.1 GHz and 29.5–30 GHz bands that are already included in the class licence and the proposed new segments at 28.3–28.5 GHz and 29.1–29.5 GHz.

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The ACMA also proposes to include in the CSO Class Licence the 18.2–18.8 GHz and 19.3–19.7 GHz bands as authorised frequencies for reception of radio emissions on the condition that no constraints are placed on future growth of fixed point-to-point services in the band.

Given the difference in the operating environment between 18.2–18.8 GHz and 19.3–19.7 GHz and the 17.7–18.2 GHz, 18.8–19.3 GHz and 19.7–20.3 GHz bands, the ACMA will pursue a reduction in taxes in the 18.2–18.8 GHz and 19.3–19.7 GHz bands to reflect the lower levels of spectrum denial.

Modifications to the BOP for submission and processing of applications for space and space receive apparatus licences are discussed in the proposals section below.

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ProposalsThe ACMA is proposing to vary the Radiocommunications (Communication with Space Object) Class Licence 2015, amend the Radiocommunications (Transmitter Licence Tax) Determination 2015 and make changes to the submission and processing of applications for space and space receive apparatus licences BOP.

Attachment A to this paper provides an overview of space-based communications system licensing.

Variation to the CSO Class Licence A draft of the Radiocommunications (Communication with Space Object) Class Licence Variation 2020 (No. 1) has been released with this paper for consideration. The proposed changes implemented by the variation are: > Inclusion of the 28.3–28.5 GHz and 29.1–29.5 GHz bands as authorised

frequencies for the transmission of radio emissions. > Inclusion of the 10.7–11.7 GHz band as authorised frequencies for the reception of

radio emissions. > Inclusion of the 18.2–18.8 GHz and 19.3–19.7 GHz bands as authorised

frequencies for the reception of radio emissions. > Inclusion of two notes6 in order to increase the visibility of the existing requirement

to protect the Mid-West Radio Quiet Zone reflecting requirements under the RQZ band plan. These notes are proposed to state:

Note 2: In accordance with section 137 of the Act, this class licence does not authorise the operation of any station in a way that is inconsistent with the terms of the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011 [F2011L01520], as in force from time to time, accessible for free at www.legislation.gov.au. Note 3: Section 197 of the Act makes it an offence for a person to engage in conduct where they are reckless as to whether that conduct will result in substantial interference with, or substantial disruption or disturbance of, radiocommunications. In administering that provision with respect to the operation of a station for transmission on land under this class licence within the RQZ (inner) zone described in item 1 of the Schedule to the Radiocommunications (Mid-West Radio Quiet Zone) Frequency Band Plan 2011 [F2011L01520], as in force from time to time, the ACMA will take into account whether or not the entity responsible for operating the Murchison Radioastronomy Observatory has agreed to the operation of the station.

> Inclusion of a provision to highlight that fixed point-to-point services will continue to be licensed and operate in the 10.7–11.7 GHz, 18.2–18.8 GHz and 19.3–19.7 GHz bands. This provision is proposed to state:

9 Interference to certain receiving stationsThe operation of a station for reception in the following frequency ranges is authorised on the basis of no protection from interference caused by a point-to-point station:(a) 10.7 to 11.7 GHz; (b) 18.2 to 18.8 GHz; (c) 19.3 to 19.7 GHz.

6 The existing note in the CSO Class Licence is revised as Note 1.

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Amendment to the Transmitter Licence Tax Determination It is proposed that an amendment be made to the Radiocommunications (Transmitter Licence Tax) Determination 2015 (Tax Determination). The proposed change is to amend Part 8A of the Tax Determination by inserting a new section 803B as follows:

803B Space licenceIf a spectrum access under a space licence involves the use of spectrum in the frequency ranges:(a) from 10.7 GHz up to and including 11.7 GHz or(b) from 18.2 GHz up to and including 18.8 GHz or (c) from 19.3 GHz up to and including 19.7 GHz.

the amount of tax in respect of the spectrum access is the minimum annual amount.

The intent of the proposed amendment is that taxes for all fixed earth stations, all mobile earth stations and space stations operating outside the above-mentioned frequency ranges will not change.

The interference environment for uncoordinated earth station receivers in the frequency ranges mentioned in the draft amendment is different to that of other frequency ranges. Uncoordinated earth station receivers will be expected to accept interference from other services in the respective bands and other services will be allowed without consideration of uncoordinated earth station receiver use of the bands.

In comparison, the bands not mentioned in the amendment are specifically planned for satellite services to the exclusion of other services. That is, the planning arrangements that are in place to support uncoordinated earth station receiver use in those bands create spectrum denial for other services.

By contrast, use of the bands by uncoordinated, unprotected earth station receivers will not result in any spectrum denial, therefore a case can be made for the licence taxes that apply to the associated space apparatus licence being set at the minimum annual amount.

For clarity it is noted that changes to the taxes associated with space receive or other apparatus licences are not required. This is because uncoordinated, unprotected earth station receivers will be authorised under the CSO Class Licence and not apparatus licensing arrangements.

Changes to licence assessment proceduresA number of updates to the BOP for submission and processing of applications for space and space receive apparatus licences7 are flagged as a result of the three matters proposed above. These are:

7 Current version is available on the ACMA website.

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> arrangements for ESIM being expanded to include the 10.7–11.7 GHz without change.

> an advisory note being added for inclusion on all space licences issued in the 10.7–11.7 GHz, 18.2–18.8 GHz and 19.3–19.7 GHz bands to the effect that no protection from interference is able to be claimed from duly licensed current or future fixed point-to-point services in those bands.

> procedures in the section Protection for the Mid-West Radio Quiet Zone in Appendix E of the space/space receive BOP being expanded to apply to all space and space receive licence applications in the 70 MHz–25.5 GHz band.

The BOP will be updated editorially should these proposed changes proceed following consideration of submissions to this consultation process.

No changes are proposed to the BOP dealing with the use of Earth stations in motion in Ka-band8 or the Business operating procedure—Submission and processing of applications for earth and earth receive apparatus licences for fixed earth stations.

8 That is, Licensing procedures for ESIMs communicating with GSO space stations in the FSS in 19.7–20.2   GHz and 29.5–30.0 GHz and Interim Licensing procedures for ESIMs communicating with GSO/NGSO space stations in the FSS in part of the Ka Band.

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Invitation to commentMaking a submissionThe ACMA invites comments on the issues set out in this consultation paper.

> Online submissions can be made via the comment function or by uploading a document. Submissions in Microsoft Word or Rich Text Format are preferred.

> Submissions by post can be sent to:

The ManagerSpace Systems SectionAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

The closing date for submissions is COB, Monday 3 February 2020.

Consultation enquiries can be emailed to freqplan@acma.gov.au.

Publication of submissionsThe ACMA publishes submissions on our website, including personal information (such as names and contact details), except for information that you have claimed (and we have accepted) is confidential.

Confidential information will not be published or otherwise released unless required or authorised by law.

PrivacyView information about our policy on the publication of submissions, including collection of personal information during consultation and how we handle that information.

Information on the Privacy Act 1988 and how to access or correct personal information, how to make a privacy complaint and how we will deal with the complaint is available in our privacy policy.

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Attachment A: Overview of space-based communications system licensing Under the regulatory framework for space-based communications systems, the operation of earth station transmitters and receivers is required to be authorised by a radiocommunications licence. In general, there are two broad options for licensing.

First, operators may obtain an apparatus licence for each of their earth stations individually, with an earth licence for the uplink and an earth receive licence for the downlink, if licensing via the ground segment. This approach allows the earth station to be individually coordinated with other services as required.

Alternatively, in certain bands, operators may obtain a licence for the space segment (that is, transmission and reception from satellites) with a space apparatus licence for the downlink and a space receive apparatus licence for the uplink. Uncoordinated earth stations are then authorised in these bands via the Radiocommunications (Communication with Space Object) Class Licence 2015 (the CSO Class Licence). To that end, space segment licensing is only available in those frequency bands contained within that class licence. Under these arrangements, the authorised frequency range of the earth station under the class licence is the same as the frequency range of the associated space/space receive apparatus licence. While radiocommunications devices authorised under class licences are not subject to fees, apparatus licences require payment of licence fees. In effect, this means that licensing costs are paid directly by the space/space receive apparatus licensee and not individual users whose use is authorised under the class licence.

The Radiocommunications (Transmitter Licence Tax) Determination 2015 sets out the different amounts of transmitter licence tax that the ACMA has determined and that are payable by licensees of particular apparatus licences for transmitters. This includes the taxes payable for space apparatus licences which licence the transmission of radio emissions from a space object. The CSO Class Licence then authorises reception of these radio emissions on earth.

The Radiocommunications (Receiver Licence Tax) Determination 2015 sets out the different amounts of receiver licence tax that the ACMA has determined is payable by licensees of particular types of receiver licences. This includes the taxes payable for space receive apparatus licences which licence the reception of radio emissions on a space object. The CSO Class Licence then authorises transmission of these radio emissions from earth.

More details on these arrangements and ACMA licensing assessment procedures can be found in the ACMA’s business operating procedures for submission and processing of applications for:> earth and earth receive apparatus licences for fixed earth stations > space and space receive apparatus licences .

Requirement to licence earth station receivers Section 46 of the Radiocommunications Act 1992 (the Act) requires that a person must not operate a radiocommunications devices otherwise than as authorised by a spectrum, apparatus or class licence.

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Under section 7 of the Act, radiocommunications devices are radiocommunications transmitters (other than of a kind specified by the ACMA) and radiocommunications receivers of a kind specified by the ACMA. In the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014, an earth receive station is specified as a radiocommunications receiver and is therefore a radiocommunications device. For this reason, all earth station receivers are required to be licensed and this includes uncoordinated earth station receivers in the 11 GHz band.

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