Digital Dividend Auction One Step Closer
On 24 January 2013, applications closed for the auction of the 700 MHz and 2.5 GHz bands. This marks a concrete step forward for a process that was first announced in 2010. The ACMA has released to all applicants information about the other auction applicants and their associates and has asked for disclosures of relevant affiliations. The auction, a combinatorial clock auction, is due to commence on 16 April 2013.
The spectrum in the 700MHz range has become available from the switch off of analogue television broadcasting. The process of switching off analogue television services is ongoing. This spectrum has been called "premium" or "waterfront" because it is relatively low frequency and has characteristics ideal for communications services.
Licences in the 2.5GHz band have mainly been used for communications from news crews with television broadcasting services. The ACMA has stated that any apparatus licences remaining in the 2.5GHz band will be cancelled by the commencement date of the spectrum licences.
With the exception of some licences in Western Australia, the licences are for a period of 15 years. The licences in the 700MHz band will commence on 1 January 2015. Most of the licences in the 2.5GHz band will commence on 1 February 2014.
To view our December update about the setting of the reserve price for the 700MHz band click here.
For more information, please see the ACMA press release.
For further information about the auction process, see the ACMA's applicant information package.
ACMA consults on future arrangements in the 28/31 GHz bands
The ACMA has produced a consultation paper on possible future uses of the 28/31 GHz bands. In the paper, the ACMA notes that the bands are not widely used and proposes that the bands revert to apparatus licensing.
The closing date for submissions is Friday 8 March 2013.
For more information, please see the ACMA website.
To view the ACMA consultation paper please click here.
ACMA consults on 800MHz, 1800MHz and 2 GHz bands
The ACMA is consulting on options for dealing with unallocated spectrum or spectrum that is not renewed. Its consultation paper notes that spectrum in the 800MHz and 1800MHz bands will be the first of 5 batches to expire and the ACMA is seeking stakeholder feedback on proposed options. The paper notes that unallocated spectrum will automatically cease to be subject to spectrum licensing at the expiry of current licences.
There is a significant amount of unallocated spectrum in the 2 GHz band. The ACMA suggests allowing residual spectrum in this band to be available to the market. Licences granted would be for a period of approximately 4 years, at which time all of the other existing licences in this band would expire.
With respect to the 800MHz and 1800MHz bands, the ACMA invites comments on whether all spectrum in these bands should be available for future licensing. Regarding the 2GHz bands, ACMA invites comments on whether there is stakeholder demand for this band.
The closing date for submissions on this consultation is Friday 15 March 2013.
For more information, please see the ACMA website.
To view the consultation paper please click here.
ACCC to appeal TPG decision about ADSL2+ Advertising
The ACCC has applied for special leave to appeal the Full Federal Court of Australia's decision to allow in part an appeal by TPG. The case concerned whether TPG's advertisements were misleading or deceptive under s 52 of the Trade Practices Act 1974 (Cth) and subsequently s 18 of Sch 2 Australian Consumer Law (ACL) of the Competition and Consumer Act 2010 (Cth).
The Full Federal Court partially upheld the appeal by TPG of the decision by a single judge of the Federal Court. The subject matter of the case was a series of advertisements in various media for TPG ADSL 2+. TPG advertised ADSL 2+ for $29.99 per month. However, the small print stated that this price was only available when bundled with a home phone. The advertisements did not include a set-up fee of $129.95, although this amount was calculated as part of the disclosed minimum cost over 6 months.
The judges on appeal held that it was necessary to look at the whole of the advertisement, not just the "dominant message". The court noted that the hypothetical reader or viewer would have knowledge that bundling is commonly employed and that set-up charges are often applied. The court of appeal looked at each type of advertisement separately and agreed that the television advertisements were misleading but the radio, print, public transport and online advertisements were not misleading. The court of appeal denied TPG's appeal regarding the requirement to show a single price for the initial print and initial online advertising.
For more information, please see the ACCC Press Release
To view the Full Federal Court decision click here. The advertisements the subject to the dispute can be found at the bottom of the judgement.
Consultation on VOIP services and testing arrangements
The Communications Alliance has released for comment guides in relation to Quality of Service parameters for Voice over Internet Protocol (VoIP) services and Testing Arrangements for Quality of Service parameters for Voice over Internet Protocol (VoIP) services. The guides have been developed following consultations with a Working Committee comprising representatives from the telecommunications industry and Government regulatory agencies. The purpose of the guides is to assist industry in the provision, transmission planning and testing of VOIP services.
The closing date for comments is Tuesday 15 March 2013.
Online bookmaker fined for breach of the Spam Act
In another example of the ACMA's active pursuit of Spam Act breaches, online bookmaker Betezy Pty Limited has been fined $6,600 for its email and SMS campaigns conducted without an unsubscribe facility.
For more information, please see the ACMA press release.
