Senate Environment and Communications Legislation Committee, , 2:52:30 to 3:03:10
Debate over the commencement dates for the Universal Outdoor Mobile Obligation and the allocation of critical spectrum by ACMA.
Topics: Infrastructure
Speakers: Senator The Hon Sarah Henderson, Ms Lisa La Rance, Mr David Mackay, Speaker 22, Unknown Speaker, Senator Nita Green
Thank you very much. I wanted to ask about the UIMO legislation, which recently passed with a range of amendments from the coalition which substantially improved the bill, including legislating a framework for temporary disaster roaming. The Act commenced with the default date default start date of 1 December 2027 and a ministerial power to postpone it three times to the end of 2030. What's the department's assessment of the probability that the obligation will actually start on the 1st of December 2027?
So Senator I will not go as far as to offer an opinion, but I can tell you what we are doing in terms of working with mobile network operators to understand what market readiness looks like.
I do want to just specifically confine your if you could just address my specific question about the commencement date.
So Senator, I think it's fair to say we are developing our view on the answer to that question through the engagement with market participants, particularly mobile operators that Ms. Laurence was referring to to be in a position to offer advice to government on market readiness, as as we outlined in response to Senator Ananda-Rajah's question a moment ago, it is a rapidly developing market. So I I think the discussions that Ms. Laurence is about to outline for you are how the department is developing the advice that we'll be able to put to government.
Look, I'm I'm just wanting to confine our discussion, please, to this issue of the commencement date because you're already aware that there are two out of the three telcos are saying they cannot comply with that one December 2027 start date. So have you has there been any determination about whether to exercise a postponement of that date? Now I say this because the UOMO obligation covers voice, not just SMS. And so this technology, commercial direct-to-device satellite voice service technology, is simply does not exist currently in this country. So have you uh have you considered and given the minister advice on postponing that commencement date?
No, Senator. We are speaking with mobile network operators and others, including um satellite providers to ensure that we have as up to date an understanding as possible about market readiness, and that would inform advice that we would give on the default date.
Well, what's the department's evidence that a standards compliant satellite voice and SMS service will be commercially available in Australia by the 1st of December 2027? Because everything, as you're aware, and we've prosecuted in a great deal of depth, including in the Senate inquiry. Two out of the three mobile network operators are saying it is not possible.
Senator in the two or so years that I've been working on UAMO, the conversations with the satellite service, the director to I service providers in particular, um, the advice has changed really quickly in terms of what capabilities will be in Australia in what time frames, and that is still evolving.
Well, well, hang on a minute. Apologies for just cutting in, but how is that date set in the legislation when it's clear on all of the evidence available that that is not an achievable date?
I believe.
I'm asking the Department Minister. I think maybe it's a different question. So we support the intent of the legislation, but we have consistently raised concerns that the government is setting false expectations about what will actually occur in practice. And we have been very, very clear and consistent that I think this the minister has actively misled Australians in relation to the availability of voice and SMS direct-to-device satellite capability.
So, Senator, I would say that the advice that we have received over the past sort of 12 months, 18 months, two years, has been around readiness of the delivery of the direct-to-device capability in Australia within the time frame. The commercial arrangements with the mobile network operators is another facet to it. As you know, Telstra already has a commercial arrangement in place. We are also seeking advice from handset manufacturers around device readiness with those three pieces of information. If that is changing in terms of market readiness, then we will provide advice for the minister to consider on that.
Well, I it doesn't really go to my question how that 1st of December 2027 date and what evidence the department has that that date can be met. Did you uh have you given the minister advice that that date based on the current market readiness as you call it, uh, that that date cannot be met?
So we have provided the um evolving advice on the time frames for when sorry,
I'm really just gonna, because we've got very limited time. Have you given the minister advice that the date of 1 December 2027 cannot be met based on the current market readiness in Australia?
No, Senator.
You haven't.
Not that specific.
So is so is it your view that the date can be met based on your work?
My view is that we are forming our view on that now, that the based on it at previous times when I've been asked if that date is feasible based on the information we've had at that point in time. I would say yes, and we are in the process of working with the different stakeholders to form a view to then be able to provide advice.
So, in relation to your correspondence and your work with um device manufacturers and with the satellite providers and the like, could you please provide a copy of that correspondence and advice to this committee?
Senator, can I just clarify? Yes, we will certainly do that. It is more likely to be outcomes of meetings than correspondence, but we'll provide you with that.
Well, if if you could provide outcomes of meetings, meeting notes, advice is brief. Correspondence in relation to market readiness and we will ask for that obviously very promptly as you can well imagine I am again flagging my concerns. So the suitable spectrum for direct to device services has not been finalised and have not been allocated by ACMA. So when will that be finalised?
So Senator, I'll ask Mr. Irwin to come to the table. There are a number of spectrum bands that can support direct-to-device voice. I think you're referring, I think, to the two gigahertz MS band. So Mr. Irwin was a very good question.
I'm referring to the two gigahertz band, yes.
Understood. I would just note 700 megahertz, 850 megahertz and 2.5 gigahertz bands, which are already in use also support direct-to-device.
In a very limited way, Mr. Mackay. So the satellite providers are seeking the two gigahertz. I understand expand.
Not contesting that at all, but but it's not it's not the case that there is no spectrum that would support it.
No, I'm talking Mr. Mackay, just to be clear, I'm talking about the allocation of the two gigahertz spectrum has nothing.
That's sorry, Senator.
Has not been finalised by ACMA. I'm simply asking. When will that be finalised? Do you have a date? Do you know?
Any exact dates would be a matter for the ACMA, Senator.
Do you have an idea as to when it will be finalised? Because if there's no spectrum, then this technology can't be delivered.
Well, to Mr. Mackay's point, there are actually a range of spectrum options. There are further bands available as well with active interest from satellite companies such as the 1.6 gigahertz band that Iridium has some interests in. But to your point, ACMA is well aware of that, Senator.
So do you have any idea as to when the spectrum decision by ACMA will be finalised?
I have no timelines or dates to the question.
Is there anyone in the department? Mackay? Mackay, do you have any idea as to when it's a question for the ACMA, Senator? No. What questions I ask? I'm making the decision, sorry. I'm asking. Yes. I know, but I'm I'm actually entitled to ask this question. Do you know?
No, I have nothing to add to what my colleagues have said, Senator. It's a question.
No, I'm not that wasn't asked my question. Do you know when this decision will be finalised? No, you don't. Okay.
Senator, if I may add that in our discussions with the providers of direct to device services, they are not just reliant on two gigahertz. There will be a range of spectrum options that issue.
No, I appreciate I appreciate the point you're making, but the two gigahertz spectrum is critical in terms of the future technology that is required. Can I move to regional connectivity and terrestrial connectivity?