Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

The government does oppose this amendment. We are very conscious of the concerns that Senator Xenophon has raised. Competition limits regarding the allocation of spectrum need to be considered on a case-by-case basis taking into account the purposes for which the spectrum can be used, the quantity of spectrum to be made available, how it is best packaged and the level of competition in the market.

Furthermore, under the current Radiocommunications Act there are procedures for placing competition limits on spectrum that require consultation with the ACCC. It is not clear whether the caps imposed on available spectrum under this provision apply to all available spectrum in a particular area or to a spectrum available under a particular spectrum allocation process being run by the Australian Communications and Media Authority. That said, I recognise Senator Xenophon’s legitimate interest in this area and I have therefore given a commitment that prior to giving any written direction to the ACMA under section 60(10) of the Radiocommunications Act relating to general competition limits to apply to the allocation of the specified bands of spectrum identified in this bill, I will be consulting with him.