4.1.2 Licensing arrangements for 915-921 MHz band

The outcome of consultations with industry¹² regarding proposals for more efficient spectrum utilisation of STLs included proposed two-phase licensing arrangements for STLs to move from the 915-921 MHz band once new spectrum had been identified. The Ministry proposes to implement these arrangements (summarised in Table 3, page 25).

The licensing arrangements would provide for current usage of the band by STLs taking precedence in the first phase, but with licensing of SRDs on a geographic, non-interference basis; and usage by SRDs being permitted in the second phase, from which time STLs would have their right to protection from interference removed¹³ .

The mechanism for removing interference protection may be, for example, by adding a condition to existing licences, or by revoking completely an existing licence and providing a replacement licence that does not provide any interference protection. In any case, the removal of interference protection is a significant change to licensees’ expectations and should be treated as a revocation.

The Radiocommunications Regulations 2001 specify the conditions under which the Ministry may revoke radio licences of unlimited duration (as are all STL licences in this band except those issued after May 2008¹⁴ ). The minimum period for giving notice of revocation is five years, or an earlier date provided for in a transition plan to manage cessation of transmission under that licence, which is to be developed in consultation with the licensee. Therefore, the Ministry proposes that current licensees be given five years’ notice of the removal of interference protection.

Potential users of the 915-921 MHz portion of the band for operating SRDs may also wish to consider whether their interest in seeking access to the spectrum in advance of the expansion of the SRD band would warrant developing private arrangements with incumbent licensees to facilitate an earlier transition out of the band by specific STLs.

Table 3: Licensing Arrangements for STLs and SRDs in the 915–921 MHz Band

Phase 1 would be an STL-driven period, with STL radio licences considered of primary importance in terms of protection from interference, i.e., during Phase 1, any licences for SRD applications would not have interference protection from existing STL licences, but existing STL licences would continue to be protected from harmful interference from SRDs. These licensing arrangements would allow for higher-powered SRDs to be permitted in the band 920-926 MHz on a licence-coordinated and geographic basis while STLs remained fully protected in the band.

Phase 2 would be driven by SRDs, and STL radio licences would be considered co-secondary, in terms of interference protection to and from SRDs. In this phase, the moratorium would be continued with respect to new STL licences and licences for STLs remaining in the band would stipulate that the service must accept interference from other licensed services in the same band. This may give an adequate service in some geographic areas, where it is possible that the density of SRDs may be low and the interference potential for STLs will be correspondingly low. A decision by a licensee about whether to continue in the band would therefore require a judgement about the likely prevalence of SRDs near the STL receive location.

A GURL would be created for SRDs operating in 915-929 MHz, with provision for 4 watt RFIDs to operate in 920-926 MHz, with out-of-band emission limits as specified in the Australian class licence. Under the GURL, SRDs would have no right to protection from interference.

Question 13

Are the proposed two-phase licensing arrangements for STLs and SRDs in the 915–921 MHz band suitable? If not, please explain.

Question 14

In Phase 2 of the licensing arrangements for STLs and SRDs in the 915-921 MHz band, would the utility of the band for SRD use be significantly degraded by permitting STLs to remain?

Footnotes

¹²The Ministry’s summary of the outcome of consultations with industry was published in September 2007, and is available here. 

¹³This proposal is slightly different to that identified in the Ministry’s Summary of Submissions and Conclusions, September 2007, in that it allows continuing use of STL transmissions albeit without interference protection.

¹⁴A moratorium was placed on licensing new STLs in this band in February 2008, but the moratorium was modified to meet additional demand for STLs that was created by the commercial FM licence auction held in May 2008, allowing the creation of new licences for a fixed term of 12 months only (with replacement fixed-term licences available if required).

¹⁵The date would depend on the exact date that notice was given by the Chief Executive, which is an outcome to be determined through this consultation process.