January 1, 2026, will see Australia implement new mandatory merger notification requirements.
According to the Australian Communication & Media Authority, licensees intending to trade, transfer or allow third-party authorisation of their apparatus or spectrum licences may need to notify the Australian Competition and Consumer Commission if certain thresholds are met.
According to the ACMA, “We are proposing to change the trading rules for spectrum licences, and forms for spectrum licence trades and apparatus licence transfers to account for merger reforms.
“The ACCC will be the first decision-maker on each notified acquisition. The trading, transfer and third-party authorisation of apparatus and spectrum licences are considered to be acquisitions of an asset under the merger reforms.
“Licensees who want to trade, transfer or allow third-party authorisation of their apparatus or spectrum licences may need to notify the ACCC if the thresholds are met.”
The ACMA is proposing to change the trading rules for spectrum licences, as well as updates for the forms for spectrum licence trades and apparatus licence transfers to account for merger reforms.
The Authority invites feedback on the draft variation to the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023, and proposed changes to the spectrum licence trade and apparatus licence transfer forms. The deadline for feedback is 5 pm (AEDT) on 28 November 2025.
