Ref. no. DOIA 2122-2119
7 July 2022
Jonathan Brewer
[FYI request #19294 email]
Dear Mr Brewer,
I refer to the Ministry of Business, Innovation & Employment’s (the Ministry) correspondence with you
of 8 June 2022, advising you it would be providing a response to your Official Information Act 1982 (the
Act) request as follows:
Radio Spectrum Management's 15 December 2021 presentation "Technical Working Group on
3.3-3.8 GHz" describes two options for harmonisation of synchronisation and frame structures
across the 3.3-3.8 GHz frequency band.
Option A is described as limiting cell sizes to a radius of ~9 km, and Option B is described as
allowing for cell radius up to ~14.5 km, and the potential for co-existence between 4G and 5G
services.
Please release any and all emails, documents, research and presentations
to cabinet that discuss the topic and how choices could impact the availability of high speed
broadband for rural and remote users.
Additionally please advise:
1.) Have rural stakeholders been engaged to discuss technical choices that could limit the use of
the frequency band to either ~9 or ~14.5 km from a tower? If so, how has this engagement
process been run, and what feedback has been received in response?
2.) Has the Commerce Commission been consulted on the potential for a reduction in
competition in the rural services market should a technical choice restrict the availability of
equipment or result in economically untenable situation for rural and remote providers?
With regards to the questions you have asked:
1. Rural stakeholders were engaged through the
“3.3 GHz non-national broadband use in New
Zealand1” consultation, and subsequent engagements at the Technical Working Group for the
3.5 GHz band. These engagements, and the feedback on them, have been included in the
release material.
1
https://www.rsm.govt.nz/projects-and-auctions/consultations/3-3-ghz-non-national-broadband-use-in-new-
zealand/
Building, Resources & Markets
E
[email address]
W
www.mbie.govt.nz
2. The Commerce Commission has been consulted on the high-level decisions that fed into the
Cabinet paper provided to you in response to the part of your original request that was
transferred to the Minister for the Digital Economy and Communications (ref. no. DC-42-2022),
however, they have not been consulted on this specific issue.
In regard to the remainder of your request, the Ministry has identified 20 documents in scope, as
detailed in the attached Document Schedule. Please note that some information within these
documents has been redacted as out of scope, or withheld or refused under the following sections
of the Act:
6(a)
because making available the information is likely to prejudice the security or
defence of New Zealand or the international relations of the Government of
New Zealand;
9(2)(a)
to protect the privacy of natural persons, including that of deceased natural
persons;
9(2)(f)(iv)
to maintain the constitutional conventions for the time being which protect the
confidentiality of advice tendered by Ministers of the Crown and Officials, and;
9(2)(g)(i)
to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members
of an organisation or officers and employees of any public service agency or
organisation in the course of their duty; and
18(d)
because the information requested is or will soon be publicly available.
In terms of section 9(1) of the Act, I am satisfied that, in the circumstances, the withholding of this
information is not outweighed by other considerations that render it desirable to make the information
available in the public interest.
You have the right to seek an investigation and review by the Ombudsman of the Ministry’s decision to
withhold information relating to this request, in accordance with section 28(3) of the Act. The relevant
details can be found at:
www.ombudsman.parliament.nz.
Yours sincerely
Daniel O’Grady
Manager, RSM Policy and Planning
Building, Resources and Markets
Document schedule
Documents released
#
Date
Description
Grounds under which
information has been withheld
Draft/Internal copy of Regional, local and non- Sections 6(a), 9(2)(g)(i)
1
Undated
national 5 G in 3 300 – 3 400 MHz A feasibility
study / review
2
30 Mar 2021 Emails
Section 9(2)(a)
3
14 Sep 2021 Emails and slide pack
Technical Working
Section 9(2)(a)
Group on 3.3-3.8 GHz September 15 2021
4
15 Sep 2021 3.3 – 3.8 GHz Technical Working Group
Section 9(2)(a)
Meeting - Summary of discussion
5
22 Sep 2021 Emails
Released in full
6
4 Oct 2021
Emails
Section 9(2)(a)
7
7 Oct 2021
Emails
Section 9(2)(a)
8
1 Oct 2021
Emails
Section 9(2)(a)
9
11 Oct 2021
Emails
Section 9(2)(a)
10 12 Oct 2021
Emails
Section 9(2)(a)
11 4 Nov 2021
Emails
Section 9(2)(a)
Section 9(2)(a) Attachment
12 13 Dec 2021 Emails
refused under section 18(d)
13 13 Dec 2021 Emails
Sections 9(2)(g)(i) and 9(2)(a)
14 14 Dec 2021 Emails and slide pack
Technical Working
Section 9(2)(a)
Group on 3.3 - 3.8 GHz 15 December 2021
15 20 Dec 2021 Emails
Section 9(2)(a)
16 27 Jan 2022
Email and
Summary of 2nd 3.5 GHz TWG
Section 9(2)(a)
17 9 May 2022
Emails
Section 9(2)(a)
18 Undated
Some 3GHz radio complies with EN 302 326
Released in full
19 Undated
Letter
Use of 3.3-3.41 GHz Spectrum for
Section 9(2)(a)
Regional Broadband Access
20 Undated
3.3 GHz Band Planning
Section 9(2)(f)(iv)
