Senate debates

Friday, 26 November 2010

Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010

In Committee

9:39 am

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

As we have dealt with amendment (20), I move amendment (21) on sheet 7005 standing in my name:

(21)  Schedule 1, page 84 (after line 3), after Part 1, insert:

Part 1A—Allocation of spectrum licences

Radiocommunications Act 1992

67A  After subsection 60(1)

Insert:

     (1A)    Procedures determined under subsection (1) must provide for limits on the allocation of spectrum licences under this Subdivision, so that:

             (a)    in relation to metropolitan areas, other than in the market area covering the Australian Capital Territory—no more than 25 per cent of the available spectrum may be used by any one person; and

             (b)    in relation to the market area covering the Australian Capital Territory—no more than 33 per cent of the available spectrum may be used by any one person; and

             (c)    in relation to regional areas—no more than 50 per cent of the available spectrum may be used by any one person.

This relates to the whole issue of spectrum licences for the 4G network, which is the next big thing because it is much faster than 3G. This amendment provides limits in the allocation of spectrum whereby in metropolitan areas, not including the ACT, not more than 25 per cent of the available spectrum can be used by any one person or any one entity, and in the ACT not more than 33 per cent can be used by any one entity. In regional areas no more than 50 per cent may be used by any one entity. This is in line with the competition limits set in 2001 for the allocation of the 3G spectrum. I understand the government will not be supporting this but I look forward to an undertaking from the government that we are not going to end up with some near monopoly or monopolistic behaviour in the context of the 4G spectrum.

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