{"id":"F2023L01243","name":"Radiocommunications (Public Safety and Emergency Response) Class Licence 2023","slug":"radiocommunications-public-safety-and-emergency-response-class-licence-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104806,"registerId":"commonwealth-F2023L01243-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1 Preliminary","sectionType":"section","heading":"Part 1 Preliminary","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n This is the Radiocommunications (Public Safety and Emergency Response) Class Licence 2023.\n\n#### 2 Commencement\n\n This instrument commences on 1 October 2023.\n\n> Note 1: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n> Note 2: This instrument is intended to replace the Radiocommunications (Public Safety and Emergency Response) Class Licence 2013, which will be repealed under the “sunset” provisions of Part 4 of Chapter 3 of the Legislation Act 2003 on 1 October 2023.\n\n#### 3 Authority\n\n This instrument is made under section 132 of the Radiocommunications Act 1992.\n\n#### 4 Definitions\n\n (1) In this instrument:\n\nAAS (short for active antenna system) refers to an antenna system for a cellular mobile base station where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment.\n\n> airborne mobile transmitter means a radiocommunications transmitter designed for use while in motion in the air, or during halts at unspecified points in the air.\n\n> ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 kHz (2021), or any standard published as a replacement of that standard by the Australian Radiation Protection and Nuclear Safety Agency.\n\n> Note: The ARPANSA Standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at [www.arpansa.gov.au](http://www.arpansa.gov.au).\n\n> Australian Defence Force has the meaning given by the Defence Act 1903.\n\n> authorisation means an authorisation of the kind referred to in subsection 9(2).\n\n> authorised body means a body that is authorised by a public safety body under subsection 9(2) to operate a radiocommunications device under an authorisation.\n\n> cellular mobile base station means a radiocommunications transmitter which, when operated, complies with emission mask P.\n\n> cellular mobile user equipment means a radiocommunications transmitter which, when operated, complies with emission mask O.\n\n> complies with emission mask L: see subsection 12(2).\n\n> complies with emission mask M: see subsection 12(2).\n\n> complies with emission mask O: see subsection (2).\n\n> complies with emission mask P: see subsection (3).\n\n> fixed service has the same meaning as in the spectrum plan.\n\n> fixed transmitter means a radiocommunications transmitter that is part of a fixed service.\n\n> high power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is between 7dBm/MHz and 20dBm/MHz.\n\n> low power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is less than 7dBm/MHz.\n\n> maximum transmitter power means the peak power spectrum density that is measured as a conducted emission over any interval of continuous transmission.\n\nmobile service:\n\n (a) subject to paragraph (b), has the same meaning as in the spectrum plan;\n (b) does not include a radiocommunication service between:\n (i) one or more cellular mobile base stations; and\n (ii) one or more items of cellular mobile user equipment.\n\n> power spectral density means the measured amount of power within a specified bandwidth.\n\n> prescribed (airborne mobile) radius, in relation to radio astronomy site and an airborne mobile transmitter, means the radius corresponding to the site and transmitter set out in item 2 of Table 2.2 of Schedule 2.\n\n> prescribed (fixed or cellular mobile) radius, in relation to a radio astronomy site and a high power transmitter used in a fixed service or a cellular mobile base station, means the radius corresponding to the site and transmitter set out in item 1 of Table 2.2 of Schedule 2.\n\n> public safety body means:\n\n (a) the Australian Federal Police or the police force of a State or Territory;\n (b) any Commonwealth, State or Territory body that is not covered by paragraph (a) and that performs functions relating to the investigation or prevention of terrorism, serious crime or corruption;\n (c) any Commonwealth, State, Territory or other body that provides an ambulance, fire-fighting, or search and rescue service; or\n (d) the Australian Defence Force.\n\n> public safety or emergency response function has the meaning given in subsection 7(2).\n\n> radio astronomy site means an observatory or facility at a site at the latitude and longitude mentioned in an item in Table 2.1 in Schedule 2.\n\n> TS 38.101-1 means the document TS 38.101-1 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; User Equipment radio transmission and reception; Part 1: Range 1 Standalone”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> TS 38.104 means the document TS 38.104 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Base Station (BS) radio transmission and reception”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> Note 3: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n (a) frequency band;\n (b) radiocommunications device;\n (c) radiocommunications transmitter;\n (d) spectrum plan.\n\n> Note 4: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:\n\n (a) Act;\n (b) EIRP;\n (c) harmful interference;\n (d) total radiated power.\n (2) In this instrument, a radiocommunications transmitter complies with emission mask O if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1.\n\n> Note: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (3) Subject to subsection (6), in this instrument, a radiocommunications transmitter complies with emission mask P if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104\n\n> Note: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (4) For the purposes of subsection (2), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1 is to be ascertained by reference to any part of TS 38.101-1 that defines a term used in Table 6.5.2.2-1, or is otherwise necessary for the operation of Table 6.5.2.2-1.\n (5) Subject to subsection (6), for the purposes of subsection (3), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104 is to be ascertained by reference to any part of TS 38.104 that defines a term used in Table 6.6.4.2.3-1, or is otherwise necessary for the operation of Table 6.6.4.2.3-1.\n (6) For the purposes of subsection (3), for a radiocommunications transmitter with AAS, the ‘Basic limits’ requirement in the third column of Table 6.6.4.2.3-1 of TS 38.104 is modified by:\n (a) in the first item, omitting ‘53dB’ and substituting ‘44 dB’;\n (b) in the second item, omitting ‘60 dB’ and substituting ‘51 dB’;\n (c) in the third item:\n (i) omitting ‘60 dB’ and substituting ‘51 dB’;\n (ii) omitting ‘25 dB’ and substituting ‘16 dB’.\n\n#### 5 Interpretation\n\n (1) In this instrument, a frequency band described using two frequencies starts immediately above the lower frequency and ends at the higher frequency.\n (2) Latitude and longitude coordinates are given with reference to the Geocentric Datum of Australia 1994, gazetted in the Commonwealth of Australia Gazette No. GN35 on 6 September 1995, as existing on that date.\n\n> Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 6 References to other instruments\n\n In this instrument, unless the contrary intention appears:\n (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.\n\n \n\n#### Part 2 Class licence\n\n#### 7 Class licence\n\n (1) Subject to Part 3, any person may operate a radiocommunications device for the purposes of:\n (a) performing a public safety or emergency response function;\n (b) supporting the performance of a public safety or emergency response function; or\n (c) facilitating the performance of a public safety or emergency response function by a public safety body.\n (2) A public safety or emergency response function is a function relating to:\n (a) the compliance with or enforcement of the laws of the Commonwealth, a State or Territory;\n (b) the provision of an ambulance, fire-fighting, or search and rescue service;\n (c) the protection of life, property or infrastructure;\n (d) securing the health or safety of the public;\n (e) the provision of assistance and relief to any person affected by a natural disaster, extreme weather conditions or other emergency.\n\n \n\n#### Part 3 Conditions\n\n#### 8 Operation subject to conditions\n\n The operation of a radiocommunications device under Part 2 is subject to the conditions set out in this Part.\n\n> Note: Subsection 132(3) of the Act provides that the operation of a radiocommunications device is not authorised by a class licence if it is not in accordance with the conditions of the class licence.\n\n#### 9 Operator of a radiocommunications device\n\n (1) A person must not operate a radiocommunications device unless the person is a member or employee of:\n (a) a public safety body; or\n (b) an authorised body.\n (2) A public safety body may authorise a body to operate a radiocommunications device for the purpose of this instrument.\n\n> Note: See subsection 133(3) of the Act.\n\n (3) An authorisation under subsection (2):\n (a) must be in writing;\n (b) must specify the circumstances in which the radiocommunications device may be operated;\n (c) must specify the period, not exceeding six months, during which the radiocommunications device may be operated;\n (d) may impose requirements, not inconsistent with this instrument, in relation to the operation of the radiocommunications device; and\n (e) must refer to this instrument and specify that applicable licence conditions must be complied with.\n\n#### 10 Operation in the course of performing functions or duties\n\n A person must not operate a radiocommunications device other than in the course of performing the person’s functions or duties as a member or employee of a public safety body or an authorised body.\n\n#### 11 Limitation in relation to authorised bodies\n\n (1) This section applies to a person who is a member or employee of an authorised body.\n (2) A person to whom this section applies must not operate a radiocommunications device unless the operation of the device:\n (a) is for the purpose of facilitating the performance of a public safety or emergency response function by the public safety body that provided the authorisation; and\n (b) complies with the requirements, not inconsistent with this instrument, of the authorisation given by the public safety body.\n\n#### 12 Compliance with emission masks\n\n (1) A person must not operate a radiocommunications transmitter, other than a cellular mobile base station or cellular mobile user equipment, unless the operation of the transmitter:\n (a) complies with emission mask L; or\n (b) complies with emission mask M.\n\n> Note 1: Cellular mobile base stations are defined in subsection 4(1) to be radiocommunications transmitters that, when operated, comply with emission mask P. Cellular mobile user equipment is defined in subsection 4(1) to be those radiocommunications transmitters that, when operated, comply with emission mask O. The effect of those definitions and subsection 12(1) is that a radiocommunications transmitter may not be operated in accordance with this instrument unless it complies with one of the four specified emission masks.\n\n> Note 2: Section 13 imposes a condition that may affect which emission mask a radiocommunications transmitter must comply with in order to be operated in accordance with this instrument.\n\n (2) In this instrument, for a radiocommunications transmitter operating using a channel with a particular bandwidth and centre frequency:\n (a) operation of the transmitter complies with emission mask L if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 2 of the item;\n (b) operation of the transmitter complies with emission mask M if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 3 of the item.\n\n```html\n

Item

Column 1

Column 2

Column 3

Attenuation (dB) relative to Peak Average Power

Fraction of Channel Bandwidth (BW)

Emission Mask L

Emission Mask M

1

0 < BW ≤ 0.45

0

0

2

0.45 < BW ≤ 0.5

219 log(BW/0.45)

568 log(BW/0.45)

3

0.5 < BW ≤ 0.55

10 + 242 log(BW/0.5)

26 + 145 log(BW/0.5)

4

0.55 < BW ≤ 1

20 + 31 log (BW/0.55)

32 + 31 log(BW/0.55)

5

1 < BW ≤ 1.5

28 + 68 log (BW)

40 + 57 log (BW)

6

BW > 1.5

50

50

\n```\n\n (3) In subsection (2), fraction of channel bandwidth, in relation to a frequency (the relevant frequency) and a radiocommunications transmitter operated using a channel, means the fraction obtained by dividing:\n (a) the absolute value of the difference between the centre frequency of the channel and the relevant frequency; by\n (b) the bandwidth of the channel.\n\n#### 13 Operation of radiocommunications transmitter within maximum EIRP level\n\n (1) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless:\n (a) it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2; and\n (b) the operation of the transmitter complies with the emission mask mentioned in column 3.\n\n| Item | Column 1 | Column 2 | Column 3 |\n| ---- | --------------------------------------------------------------- | ------------ | ------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP | Emission mask |\n| 1 | Low power transmitter | 16 dBm/MHz | L |\n| 2 | High power transmitter used in a fixed service | 46 dBm/MHz | M |\n| 3 | High power transmitter used in a mobile service | 29 dBm/MHz | M |\n| 4 | High power airborne mobile transmitter used in a mobile service | 36 dBm/MHz | M |\n\n (2) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2.\n\n| Item | Column 1 | Column 2 |\n| ---- | ---------------------------------------- | ----------------------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP |\n| 1 | Cellular mobile base station | 33 dBm/MHz |\n| 2 | Cellular mobile user equipment | 25 dBm per occupied bandwidth |\n\n (3) If a person operates a radiocommunications transmitter that complies with:\n (a) emission mask L – operation of the transmitter must not exceed a maximum transmitter power of 7 dBm/MHz;\n (b) emission mask M – operation of the transmitter must not exceed a maximum transmitter power of 20 dBm/MHz;\n (c) emission mask P – operation of the transmitter must not exceed a total radiated power of 20 dBm/MHz;\n (d) emission mask O – operation of the transmitter must not exceed a total radiated power of 25 dBm per occupied bandwidth.\n (4) In this section:\n\n> occupied bandwidth, in relation to a radiocommunications transmitter, means the width of a frequency band having upper and lower limits that contain 99% of the true mean power of the transmitter’s emission at any time.\n\n> true mean power means:\n\n (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present; or\n (b) if an unmodulated carrier is not present – the mean power measured while transmitted information is present.\n\n#### 14 Harmful interference\n\n (1) A person must not operate a radiocommunications transmitter if its operation causes harmful interference to another radiocommunications device operated under a licence.\n (2) For the avoidance of doubt, the condition in subsection (1) applies notwithstanding any other condition in this instrument.\n\n> Note: A radiocommunications receiver communicating with a radiocommunications device operated under this instrument will not be afforded protection from harmful interference caused by other radiocommunications devices.\n\n#### 15 Permitted channels\n\n A person must not operate a radiocommunications device other than on:\n (a) a channel; or\n (b) two or more contiguous channels;\n set out in the table in Schedule 1.\n\n> Note: The table describes each channel by reference to its upper and lower frequencies.\n\n#### 16 Limitation in respect of fixed devices\n\n (1) This section only applies in relation to a radiocommunications device that is operated principally for communications with one other radiocommunications device that is fixed at a location.\n (2) A person must not operate a radiocommunications device from a fixed location if the radiocommunications device has been fixed at that location for more than six months.\n\n#### 17 Interference with radio astronomy observations\n\n (1) The operation of a radiocommunications device is subject to the conditions set out in this section if the device is operated on one or more of channels 7 to 18 mentioned in the table in Schedule 1.\n (2) If a person operates:\n (a) a high power transmitter in a fixed service; or\n (b) a cellular mobile base station with EIRP greater than 29 dBm/MHz;\n at a location within the prescribed (fixed or cellular mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 of Schedule 2.\n (3) If a person operates an airborne mobile transmitter at a location within the prescribed (airborne mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 in Schedule 2.\n\n#### 18 Compliance with ARPANSA Standard\n\n A person must not operate a radiocommunications device, or a group of radiocommunications devices, if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Radiocommunications (Public Safety and Emergency Response) Class Licence 2023.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This instrument commences on 1 October 2023.\n\n> Note 1: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n> Note 2: This instrument is intended to replace the Radiocommunications (Public Safety and Emergency Response) Class Licence 2013, which will be repealed under the “sunset” provisions of Part 4 of Chapter 3 of the Legislation Act 2003 on 1 October 2023.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 132 of the Radiocommunications Act 1992.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this instrument:\n\nAAS (short for active antenna system) refers to an antenna system for a cellular mobile base station where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment.\n\n> airborne mobile transmitter means a radiocommunications transmitter designed for use while in motion in the air, or during halts at unspecified points in the air.\n\n> ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 kHz (2021), or any standard published as a replacement of that standard by the Australian Radiation Protection and Nuclear Safety Agency.\n\n> Note: The ARPANSA Standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at [www.arpansa.gov.au](http://www.arpansa.gov.au).\n\n> Australian Defence Force has the meaning given by the Defence Act 1903.\n\n> authorisation means an authorisation of the kind referred to in subsection 9(2).\n\n> authorised body means a body that is authorised by a public safety body under subsection 9(2) to operate a radiocommunications device under an authorisation.\n\n> cellular mobile base station means a radiocommunications transmitter which, when operated, complies with emission mask P.\n\n> cellular mobile user equipment means a radiocommunications transmitter which, when operated, complies with emission mask O.\n\n> complies with emission mask L: see subsection 12(2).\n\n> complies with emission mask M: see subsection 12(2).\n\n> complies with emission mask O: see subsection (2).\n\n> complies with emission mask P: see subsection (3).\n\n> fixed service has the same meaning as in the spectrum plan.\n\n> fixed transmitter means a radiocommunications transmitter that is part of a fixed service.\n\n> high power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is between 7dBm/MHz and 20dBm/MHz.\n\n> low power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is less than 7dBm/MHz.\n\n> maximum transmitter power means the peak power spectrum density that is measured as a conducted emission over any interval of continuous transmission.\n\nmobile service:\n\n (a) subject to paragraph (b), has the same meaning as in the spectrum plan;\n (b) does not include a radiocommunication service between:\n (i) one or more cellular mobile base stations; and\n (ii) one or more items of cellular mobile user equipment.\n\n> power spectral density means the measured amount of power within a specified bandwidth.\n\n> prescribed (airborne mobile) radius, in relation to radio astronomy site and an airborne mobile transmitter, means the radius corresponding to the site and transmitter set out in item 2 of Table 2.2 of Schedule 2.\n\n> prescribed (fixed or cellular mobile) radius, in relation to a radio astronomy site and a high power transmitter used in a fixed service or a cellular mobile base station, means the radius corresponding to the site and transmitter set out in item 1 of Table 2.2 of Schedule 2.\n\n> public safety body means:\n\n (a) the Australian Federal Police or the police force of a State or Territory;\n (b) any Commonwealth, State or Territory body that is not covered by paragraph (a) and that performs functions relating to the investigation or prevention of terrorism, serious crime or corruption;\n (c) any Commonwealth, State, Territory or other body that provides an ambulance, fire-fighting, or search and rescue service; or\n (d) the Australian Defence Force.\n\n> public safety or emergency response function has the meaning given in subsection 7(2).\n\n> radio astronomy site means an observatory or facility at a site at the latitude and longitude mentioned in an item in Table 2.1 in Schedule 2.\n\n> TS 38.101-1 means the document TS 38.101-1 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; User Equipment radio transmission and reception; Part 1: Range 1 Standalone”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> TS 38.104 means the document TS 38.104 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Base Station (BS) radio transmission and reception”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> Note 3: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n (a) frequency band;\n (b) radiocommunications device;\n (c) radiocommunications transmitter;\n (d) spectrum plan.\n\n> Note 4: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:\n\n (a) Act;\n (b) EIRP;\n (c) harmful interference;\n (d) total radiated power.\n (2) In this instrument, a radiocommunications transmitter complies with emission mask O if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1.\n\n> Note: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (3) Subject to subsection (6), in this instrument, a radiocommunications transmitter complies with emission mask P if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104\n\n> Note: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (4) For the purposes of subsection (2), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1 is to be ascertained by reference to any part of TS 38.101-1 that defines a term used in Table 6.5.2.2-1, or is otherwise necessary for the operation of Table 6.5.2.2-1.\n (5) Subject to subsection (6), for the purposes of subsection (3), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104 is to be ascertained by reference to any part of TS 38.104 that defines a term used in Table 6.6.4.2.3-1, or is otherwise necessary for the operation of Table 6.6.4.2.3-1.\n (6) For the purposes of subsection (3), for a radiocommunications transmitter with AAS, the ‘Basic limits’ requirement in the third column of Table 6.6.4.2.3-1 of TS 38.104 is modified by:\n (a) in the first item, omitting ‘53dB’ and substituting ‘44 dB’;\n (b) in the second item, omitting ‘60 dB’ and substituting ‘51 dB’;\n (c) in the third item:\n (i) omitting ‘60 dB’ and substituting ‘51 dB’;\n (ii) omitting ‘25 dB’ and substituting ‘16 dB’.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n (1) In this instrument, a frequency band described using two frequencies starts immediately above the lower frequency and ends at the higher frequency.\n (2) Latitude and longitude coordinates are given with reference to the Geocentric Datum of Australia 1994, gazetted in the Commonwealth of Australia Gazette No. GN35 on 6 September 1995, as existing on that date.\n\n> Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n In this instrument, unless the contrary intention appears:\n (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.","sortOrder":6},{"sectionNumber":"Part 2 Class licence","sectionType":"section","heading":"Part 2 Class licence","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n This is the Radiocommunications (Public Safety and Emergency Response) Class Licence 2023.\n\n#### 2 Commencement\n\n This instrument commences on 1 October 2023.\n\n> Note 1: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n> Note 2: This instrument is intended to replace the Radiocommunications (Public Safety and Emergency Response) Class Licence 2013, which will be repealed under the “sunset” provisions of Part 4 of Chapter 3 of the Legislation Act 2003 on 1 October 2023.\n\n#### 3 Authority\n\n This instrument is made under section 132 of the Radiocommunications Act 1992.\n\n#### 4 Definitions\n\n (1) In this instrument:\n\nAAS (short for active antenna system) refers to an antenna system for a cellular mobile base station where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment.\n\n> airborne mobile transmitter means a radiocommunications transmitter designed for use while in motion in the air, or during halts at unspecified points in the air.\n\n> ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 kHz (2021), or any standard published as a replacement of that standard by the Australian Radiation Protection and Nuclear Safety Agency.\n\n> Note: The ARPANSA Standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at [www.arpansa.gov.au](http://www.arpansa.gov.au).\n\n> Australian Defence Force has the meaning given by the Defence Act 1903.\n\n> authorisation means an authorisation of the kind referred to in subsection 9(2).\n\n> authorised body means a body that is authorised by a public safety body under subsection 9(2) to operate a radiocommunications device under an authorisation.\n\n> cellular mobile base station means a radiocommunications transmitter which, when operated, complies with emission mask P.\n\n> cellular mobile user equipment means a radiocommunications transmitter which, when operated, complies with emission mask O.\n\n> complies with emission mask L: see subsection 12(2).\n\n> complies with emission mask M: see subsection 12(2).\n\n> complies with emission mask O: see subsection (2).\n\n> complies with emission mask P: see subsection (3).\n\n> fixed service has the same meaning as in the spectrum plan.\n\n> fixed transmitter means a radiocommunications transmitter that is part of a fixed service.\n\n> high power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is between 7dBm/MHz and 20dBm/MHz.\n\n> low power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is less than 7dBm/MHz.\n\n> maximum transmitter power means the peak power spectrum density that is measured as a conducted emission over any interval of continuous transmission.\n\nmobile service:\n\n (a) subject to paragraph (b), has the same meaning as in the spectrum plan;\n (b) does not include a radiocommunication service between:\n (i) one or more cellular mobile base stations; and\n (ii) one or more items of cellular mobile user equipment.\n\n> power spectral density means the measured amount of power within a specified bandwidth.\n\n> prescribed (airborne mobile) radius, in relation to radio astronomy site and an airborne mobile transmitter, means the radius corresponding to the site and transmitter set out in item 2 of Table 2.2 of Schedule 2.\n\n> prescribed (fixed or cellular mobile) radius, in relation to a radio astronomy site and a high power transmitter used in a fixed service or a cellular mobile base station, means the radius corresponding to the site and transmitter set out in item 1 of Table 2.2 of Schedule 2.\n\n> public safety body means:\n\n (a) the Australian Federal Police or the police force of a State or Territory;\n (b) any Commonwealth, State or Territory body that is not covered by paragraph (a) and that performs functions relating to the investigation or prevention of terrorism, serious crime or corruption;\n (c) any Commonwealth, State, Territory or other body that provides an ambulance, fire-fighting, or search and rescue service; or\n (d) the Australian Defence Force.\n\n> public safety or emergency response function has the meaning given in subsection 7(2).\n\n> radio astronomy site means an observatory or facility at a site at the latitude and longitude mentioned in an item in Table 2.1 in Schedule 2.\n\n> TS 38.101-1 means the document TS 38.101-1 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; User Equipment radio transmission and reception; Part 1: Range 1 Standalone”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> TS 38.104 means the document TS 38.104 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Base Station (BS) radio transmission and reception”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> Note 3: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n (a) frequency band;\n (b) radiocommunications device;\n (c) radiocommunications transmitter;\n (d) spectrum plan.\n\n> Note 4: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:\n\n (a) Act;\n (b) EIRP;\n (c) harmful interference;\n (d) total radiated power.\n (2) In this instrument, a radiocommunications transmitter complies with emission mask O if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1.\n\n> Note: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (3) Subject to subsection (6), in this instrument, a radiocommunications transmitter complies with emission mask P if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104\n\n> Note: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (4) For the purposes of subsection (2), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1 is to be ascertained by reference to any part of TS 38.101-1 that defines a term used in Table 6.5.2.2-1, or is otherwise necessary for the operation of Table 6.5.2.2-1.\n (5) Subject to subsection (6), for the purposes of subsection (3), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104 is to be ascertained by reference to any part of TS 38.104 that defines a term used in Table 6.6.4.2.3-1, or is otherwise necessary for the operation of Table 6.6.4.2.3-1.\n (6) For the purposes of subsection (3), for a radiocommunications transmitter with AAS, the ‘Basic limits’ requirement in the third column of Table 6.6.4.2.3-1 of TS 38.104 is modified by:\n (a) in the first item, omitting ‘53dB’ and substituting ‘44 dB’;\n (b) in the second item, omitting ‘60 dB’ and substituting ‘51 dB’;\n (c) in the third item:\n (i) omitting ‘60 dB’ and substituting ‘51 dB’;\n (ii) omitting ‘25 dB’ and substituting ‘16 dB’.\n\n#### 5 Interpretation\n\n (1) In this instrument, a frequency band described using two frequencies starts immediately above the lower frequency and ends at the higher frequency.\n (2) Latitude and longitude coordinates are given with reference to the Geocentric Datum of Australia 1994, gazetted in the Commonwealth of Australia Gazette No. GN35 on 6 September 1995, as existing on that date.\n\n> Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 6 References to other instruments\n\n In this instrument, unless the contrary intention appears:\n (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.\n\n \n\n#### Part 2 Class licence\n\n#### 7 Class licence\n\n (1) Subject to Part 3, any person may operate a radiocommunications device for the purposes of:\n (a) performing a public safety or emergency response function;\n (b) supporting the performance of a public safety or emergency response function; or\n (c) facilitating the performance of a public safety or emergency response function by a public safety body.\n (2) A public safety or emergency response function is a function relating to:\n (a) the compliance with or enforcement of the laws of the Commonwealth, a State or Territory;\n (b) the provision of an ambulance, fire-fighting, or search and rescue service;\n (c) the protection of life, property or infrastructure;\n (d) securing the health or safety of the public;\n (e) the provision of assistance and relief to any person affected by a natural disaster, extreme weather conditions or other emergency.\n\n \n\n#### Part 3 Conditions\n\n#### 8 Operation subject to conditions\n\n The operation of a radiocommunications device under Part 2 is subject to the conditions set out in this Part.\n\n> Note: Subsection 132(3) of the Act provides that the operation of a radiocommunications device is not authorised by a class licence if it is not in accordance with the conditions of the class licence.\n\n#### 9 Operator of a radiocommunications device\n\n (1) A person must not operate a radiocommunications device unless the person is a member or employee of:\n (a) a public safety body; or\n (b) an authorised body.\n (2) A public safety body may authorise a body to operate a radiocommunications device for the purpose of this instrument.\n\n> Note: See subsection 133(3) of the Act.\n\n (3) An authorisation under subsection (2):\n (a) must be in writing;\n (b) must specify the circumstances in which the radiocommunications device may be operated;\n (c) must specify the period, not exceeding six months, during which the radiocommunications device may be operated;\n (d) may impose requirements, not inconsistent with this instrument, in relation to the operation of the radiocommunications device; and\n (e) must refer to this instrument and specify that applicable licence conditions must be complied with.\n\n#### 10 Operation in the course of performing functions or duties\n\n A person must not operate a radiocommunications device other than in the course of performing the person’s functions or duties as a member or employee of a public safety body or an authorised body.\n\n#### 11 Limitation in relation to authorised bodies\n\n (1) This section applies to a person who is a member or employee of an authorised body.\n (2) A person to whom this section applies must not operate a radiocommunications device unless the operation of the device:\n (a) is for the purpose of facilitating the performance of a public safety or emergency response function by the public safety body that provided the authorisation; and\n (b) complies with the requirements, not inconsistent with this instrument, of the authorisation given by the public safety body.\n\n#### 12 Compliance with emission masks\n\n (1) A person must not operate a radiocommunications transmitter, other than a cellular mobile base station or cellular mobile user equipment, unless the operation of the transmitter:\n (a) complies with emission mask L; or\n (b) complies with emission mask M.\n\n> Note 1: Cellular mobile base stations are defined in subsection 4(1) to be radiocommunications transmitters that, when operated, comply with emission mask P. Cellular mobile user equipment is defined in subsection 4(1) to be those radiocommunications transmitters that, when operated, comply with emission mask O. The effect of those definitions and subsection 12(1) is that a radiocommunications transmitter may not be operated in accordance with this instrument unless it complies with one of the four specified emission masks.\n\n> Note 2: Section 13 imposes a condition that may affect which emission mask a radiocommunications transmitter must comply with in order to be operated in accordance with this instrument.\n\n (2) In this instrument, for a radiocommunications transmitter operating using a channel with a particular bandwidth and centre frequency:\n (a) operation of the transmitter complies with emission mask L if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 2 of the item;\n (b) operation of the transmitter complies with emission mask M if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 3 of the item.\n\n```html\n

Item

Column 1

Column 2

Column 3

Attenuation (dB) relative to Peak Average Power

Fraction of Channel Bandwidth (BW)

Emission Mask L

Emission Mask M

1

0 < BW ≤ 0.45

0

0

2

0.45 < BW ≤ 0.5

219 log(BW/0.45)

568 log(BW/0.45)

3

0.5 < BW ≤ 0.55

10 + 242 log(BW/0.5)

26 + 145 log(BW/0.5)

4

0.55 < BW ≤ 1

20 + 31 log (BW/0.55)

32 + 31 log(BW/0.55)

5

1 < BW ≤ 1.5

28 + 68 log (BW)

40 + 57 log (BW)

6

BW > 1.5

50

50

\n```\n\n (3) In subsection (2), fraction of channel bandwidth, in relation to a frequency (the relevant frequency) and a radiocommunications transmitter operated using a channel, means the fraction obtained by dividing:\n (a) the absolute value of the difference between the centre frequency of the channel and the relevant frequency; by\n (b) the bandwidth of the channel.\n\n#### 13 Operation of radiocommunications transmitter within maximum EIRP level\n\n (1) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless:\n (a) it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2; and\n (b) the operation of the transmitter complies with the emission mask mentioned in column 3.\n\n| Item | Column 1 | Column 2 | Column 3 |\n| ---- | --------------------------------------------------------------- | ------------ | ------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP | Emission mask |\n| 1 | Low power transmitter | 16 dBm/MHz | L |\n| 2 | High power transmitter used in a fixed service | 46 dBm/MHz | M |\n| 3 | High power transmitter used in a mobile service | 29 dBm/MHz | M |\n| 4 | High power airborne mobile transmitter used in a mobile service | 36 dBm/MHz | M |\n\n (2) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2.\n\n| Item | Column 1 | Column 2 |\n| ---- | ---------------------------------------- | ----------------------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP |\n| 1 | Cellular mobile base station | 33 dBm/MHz |\n| 2 | Cellular mobile user equipment | 25 dBm per occupied bandwidth |\n\n (3) If a person operates a radiocommunications transmitter that complies with:\n (a) emission mask L – operation of the transmitter must not exceed a maximum transmitter power of 7 dBm/MHz;\n (b) emission mask M – operation of the transmitter must not exceed a maximum transmitter power of 20 dBm/MHz;\n (c) emission mask P – operation of the transmitter must not exceed a total radiated power of 20 dBm/MHz;\n (d) emission mask O – operation of the transmitter must not exceed a total radiated power of 25 dBm per occupied bandwidth.\n (4) In this section:\n\n> occupied bandwidth, in relation to a radiocommunications transmitter, means the width of a frequency band having upper and lower limits that contain 99% of the true mean power of the transmitter’s emission at any time.\n\n> true mean power means:\n\n (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present; or\n (b) if an unmodulated carrier is not present – the mean power measured while transmitted information is present.\n\n#### 14 Harmful interference\n\n (1) A person must not operate a radiocommunications transmitter if its operation causes harmful interference to another radiocommunications device operated under a licence.\n (2) For the avoidance of doubt, the condition in subsection (1) applies notwithstanding any other condition in this instrument.\n\n> Note: A radiocommunications receiver communicating with a radiocommunications device operated under this instrument will not be afforded protection from harmful interference caused by other radiocommunications devices.\n\n#### 15 Permitted channels\n\n A person must not operate a radiocommunications device other than on:\n (a) a channel; or\n (b) two or more contiguous channels;\n set out in the table in Schedule 1.\n\n> Note: The table describes each channel by reference to its upper and lower frequencies.\n\n#### 16 Limitation in respect of fixed devices\n\n (1) This section only applies in relation to a radiocommunications device that is operated principally for communications with one other radiocommunications device that is fixed at a location.\n (2) A person must not operate a radiocommunications device from a fixed location if the radiocommunications device has been fixed at that location for more than six months.\n\n#### 17 Interference with radio astronomy observations\n\n (1) The operation of a radiocommunications device is subject to the conditions set out in this section if the device is operated on one or more of channels 7 to 18 mentioned in the table in Schedule 1.\n (2) If a person operates:\n (a) a high power transmitter in a fixed service; or\n (b) a cellular mobile base station with EIRP greater than 29 dBm/MHz;\n at a location within the prescribed (fixed or cellular mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 of Schedule 2.\n (3) If a person operates an airborne mobile transmitter at a location within the prescribed (airborne mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 in Schedule 2.\n\n#### 18 Compliance with ARPANSA Standard\n\n A person must not operate a radiocommunications device, or a group of radiocommunications devices, if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Class licence","content":"#### 7 Class licence\n\n (1) Subject to Part 3, any person may operate a radiocommunications device for the purposes of:\n (a) performing a public safety or emergency response function;\n (b) supporting the performance of a public safety or emergency response function; or\n (c) facilitating the performance of a public safety or emergency response function by a public safety body.\n (2) A public safety or emergency response function is a function relating to:\n (a) the compliance with or enforcement of the laws of the Commonwealth, a State or Territory;\n (b) the provision of an ambulance, fire-fighting, or search and rescue service;\n (c) the protection of life, property or infrastructure;\n (d) securing the health or safety of the public;\n (e) the provision of assistance and relief to any person affected by a natural disaster, extreme weather conditions or other emergency.","sortOrder":8},{"sectionNumber":"Part 3 Conditions","sectionType":"section","heading":"Part 3 Conditions","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n This is the Radiocommunications (Public Safety and Emergency Response) Class Licence 2023.\n\n#### 2 Commencement\n\n This instrument commences on 1 October 2023.\n\n> Note 1: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n> Note 2: This instrument is intended to replace the Radiocommunications (Public Safety and Emergency Response) Class Licence 2013, which will be repealed under the “sunset” provisions of Part 4 of Chapter 3 of the Legislation Act 2003 on 1 October 2023.\n\n#### 3 Authority\n\n This instrument is made under section 132 of the Radiocommunications Act 1992.\n\n#### 4 Definitions\n\n (1) In this instrument:\n\nAAS (short for active antenna system) refers to an antenna system for a cellular mobile base station where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment.\n\n> airborne mobile transmitter means a radiocommunications transmitter designed for use while in motion in the air, or during halts at unspecified points in the air.\n\n> ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 kHz (2021), or any standard published as a replacement of that standard by the Australian Radiation Protection and Nuclear Safety Agency.\n\n> Note: The ARPANSA Standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at [www.arpansa.gov.au](http://www.arpansa.gov.au).\n\n> Australian Defence Force has the meaning given by the Defence Act 1903.\n\n> authorisation means an authorisation of the kind referred to in subsection 9(2).\n\n> authorised body means a body that is authorised by a public safety body under subsection 9(2) to operate a radiocommunications device under an authorisation.\n\n> cellular mobile base station means a radiocommunications transmitter which, when operated, complies with emission mask P.\n\n> cellular mobile user equipment means a radiocommunications transmitter which, when operated, complies with emission mask O.\n\n> complies with emission mask L: see subsection 12(2).\n\n> complies with emission mask M: see subsection 12(2).\n\n> complies with emission mask O: see subsection (2).\n\n> complies with emission mask P: see subsection (3).\n\n> fixed service has the same meaning as in the spectrum plan.\n\n> fixed transmitter means a radiocommunications transmitter that is part of a fixed service.\n\n> high power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is between 7dBm/MHz and 20dBm/MHz.\n\n> low power transmitter means a radiocommunications transmitter with a maximum transmitter power spectral density that is less than 7dBm/MHz.\n\n> maximum transmitter power means the peak power spectrum density that is measured as a conducted emission over any interval of continuous transmission.\n\nmobile service:\n\n (a) subject to paragraph (b), has the same meaning as in the spectrum plan;\n (b) does not include a radiocommunication service between:\n (i) one or more cellular mobile base stations; and\n (ii) one or more items of cellular mobile user equipment.\n\n> power spectral density means the measured amount of power within a specified bandwidth.\n\n> prescribed (airborne mobile) radius, in relation to radio astronomy site and an airborne mobile transmitter, means the radius corresponding to the site and transmitter set out in item 2 of Table 2.2 of Schedule 2.\n\n> prescribed (fixed or cellular mobile) radius, in relation to a radio astronomy site and a high power transmitter used in a fixed service or a cellular mobile base station, means the radius corresponding to the site and transmitter set out in item 1 of Table 2.2 of Schedule 2.\n\n> public safety body means:\n\n (a) the Australian Federal Police or the police force of a State or Territory;\n (b) any Commonwealth, State or Territory body that is not covered by paragraph (a) and that performs functions relating to the investigation or prevention of terrorism, serious crime or corruption;\n (c) any Commonwealth, State, Territory or other body that provides an ambulance, fire-fighting, or search and rescue service; or\n (d) the Australian Defence Force.\n\n> public safety or emergency response function has the meaning given in subsection 7(2).\n\n> radio astronomy site means an observatory or facility at a site at the latitude and longitude mentioned in an item in Table 2.1 in Schedule 2.\n\n> TS 38.101-1 means the document TS 38.101-1 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; User Equipment radio transmission and reception; Part 1: Range 1 Standalone”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> TS 38.104 means the document TS 38.104 “3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Base Station (BS) radio transmission and reception”, published by the 3rd Generation Partnership Project.\n\n> Note 1: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n> Note 2: The 3rd Generation Partnership Project is a collaborative activity between seven internationally recognised standards development organisations (one each representing the US, China, Europe, India and South Korea, and two representing Japan).\n\n> Note 3: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n (a) frequency band;\n (b) radiocommunications device;\n (c) radiocommunications transmitter;\n (d) spectrum plan.\n\n> Note 4: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:\n\n (a) Act;\n (b) EIRP;\n (c) harmful interference;\n (d) total radiated power.\n (2) In this instrument, a radiocommunications transmitter complies with emission mask O if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1.\n\n> Note: TS 38.101-1 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (3) Subject to subsection (6), in this instrument, a radiocommunications transmitter complies with emission mask P if, when the transmitter is operated, the transmitter complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104\n\n> Note: TS 38.104 is available free of charge from the 3rd Generation Partnership Project website at [www.3gpp.org](http://www.3gpp.org).\n\n (4) For the purposes of subsection (2), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.5.2.2-1 of TS 38.101-1 is to be ascertained by reference to any part of TS 38.101-1 that defines a term used in Table 6.5.2.2-1, or is otherwise necessary for the operation of Table 6.5.2.2-1.\n (5) Subject to subsection (6), for the purposes of subsection (3), whether a radiocommunications transmitter, when operated, complies with the requirements of Table 6.6.4.2.3-1 of TS 38.104 is to be ascertained by reference to any part of TS 38.104 that defines a term used in Table 6.6.4.2.3-1, or is otherwise necessary for the operation of Table 6.6.4.2.3-1.\n (6) For the purposes of subsection (3), for a radiocommunications transmitter with AAS, the ‘Basic limits’ requirement in the third column of Table 6.6.4.2.3-1 of TS 38.104 is modified by:\n (a) in the first item, omitting ‘53dB’ and substituting ‘44 dB’;\n (b) in the second item, omitting ‘60 dB’ and substituting ‘51 dB’;\n (c) in the third item:\n (i) omitting ‘60 dB’ and substituting ‘51 dB’;\n (ii) omitting ‘25 dB’ and substituting ‘16 dB’.\n\n#### 5 Interpretation\n\n (1) In this instrument, a frequency band described using two frequencies starts immediately above the lower frequency and ends at the higher frequency.\n (2) Latitude and longitude coordinates are given with reference to the Geocentric Datum of Australia 1994, gazetted in the Commonwealth of Australia Gazette No. GN35 on 6 September 1995, as existing on that date.\n\n> Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 6 References to other instruments\n\n In this instrument, unless the contrary intention appears:\n (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.\n\n \n\n#### Part 2 Class licence\n\n#### 7 Class licence\n\n (1) Subject to Part 3, any person may operate a radiocommunications device for the purposes of:\n (a) performing a public safety or emergency response function;\n (b) supporting the performance of a public safety or emergency response function; or\n (c) facilitating the performance of a public safety or emergency response function by a public safety body.\n (2) A public safety or emergency response function is a function relating to:\n (a) the compliance with or enforcement of the laws of the Commonwealth, a State or Territory;\n (b) the provision of an ambulance, fire-fighting, or search and rescue service;\n (c) the protection of life, property or infrastructure;\n (d) securing the health or safety of the public;\n (e) the provision of assistance and relief to any person affected by a natural disaster, extreme weather conditions or other emergency.\n\n \n\n#### Part 3 Conditions\n\n#### 8 Operation subject to conditions\n\n The operation of a radiocommunications device under Part 2 is subject to the conditions set out in this Part.\n\n> Note: Subsection 132(3) of the Act provides that the operation of a radiocommunications device is not authorised by a class licence if it is not in accordance with the conditions of the class licence.\n\n#### 9 Operator of a radiocommunications device\n\n (1) A person must not operate a radiocommunications device unless the person is a member or employee of:\n (a) a public safety body; or\n (b) an authorised body.\n (2) A public safety body may authorise a body to operate a radiocommunications device for the purpose of this instrument.\n\n> Note: See subsection 133(3) of the Act.\n\n (3) An authorisation under subsection (2):\n (a) must be in writing;\n (b) must specify the circumstances in which the radiocommunications device may be operated;\n (c) must specify the period, not exceeding six months, during which the radiocommunications device may be operated;\n (d) may impose requirements, not inconsistent with this instrument, in relation to the operation of the radiocommunications device; and\n (e) must refer to this instrument and specify that applicable licence conditions must be complied with.\n\n#### 10 Operation in the course of performing functions or duties\n\n A person must not operate a radiocommunications device other than in the course of performing the person’s functions or duties as a member or employee of a public safety body or an authorised body.\n\n#### 11 Limitation in relation to authorised bodies\n\n (1) This section applies to a person who is a member or employee of an authorised body.\n (2) A person to whom this section applies must not operate a radiocommunications device unless the operation of the device:\n (a) is for the purpose of facilitating the performance of a public safety or emergency response function by the public safety body that provided the authorisation; and\n (b) complies with the requirements, not inconsistent with this instrument, of the authorisation given by the public safety body.\n\n#### 12 Compliance with emission masks\n\n (1) A person must not operate a radiocommunications transmitter, other than a cellular mobile base station or cellular mobile user equipment, unless the operation of the transmitter:\n (a) complies with emission mask L; or\n (b) complies with emission mask M.\n\n> Note 1: Cellular mobile base stations are defined in subsection 4(1) to be radiocommunications transmitters that, when operated, comply with emission mask P. Cellular mobile user equipment is defined in subsection 4(1) to be those radiocommunications transmitters that, when operated, comply with emission mask O. The effect of those definitions and subsection 12(1) is that a radiocommunications transmitter may not be operated in accordance with this instrument unless it complies with one of the four specified emission masks.\n\n> Note 2: Section 13 imposes a condition that may affect which emission mask a radiocommunications transmitter must comply with in order to be operated in accordance with this instrument.\n\n (2) In this instrument, for a radiocommunications transmitter operating using a channel with a particular bandwidth and centre frequency:\n (a) operation of the transmitter complies with emission mask L if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 2 of the item;\n (b) operation of the transmitter complies with emission mask M if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 3 of the item.\n\n```html\n

Item

Column 1

Column 2

Column 3

Attenuation (dB) relative to Peak Average Power

Fraction of Channel Bandwidth (BW)

Emission Mask L

Emission Mask M

1

0 < BW ≤ 0.45

0

0

2

0.45 < BW ≤ 0.5

219 log(BW/0.45)

568 log(BW/0.45)

3

0.5 < BW ≤ 0.55

10 + 242 log(BW/0.5)

26 + 145 log(BW/0.5)

4

0.55 < BW ≤ 1

20 + 31 log (BW/0.55)

32 + 31 log(BW/0.55)

5

1 < BW ≤ 1.5

28 + 68 log (BW)

40 + 57 log (BW)

6

BW > 1.5

50

50

\n```\n\n (3) In subsection (2), fraction of channel bandwidth, in relation to a frequency (the relevant frequency) and a radiocommunications transmitter operated using a channel, means the fraction obtained by dividing:\n (a) the absolute value of the difference between the centre frequency of the channel and the relevant frequency; by\n (b) the bandwidth of the channel.\n\n#### 13 Operation of radiocommunications transmitter within maximum EIRP level\n\n (1) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless:\n (a) it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2; and\n (b) the operation of the transmitter complies with the emission mask mentioned in column 3.\n\n| Item | Column 1 | Column 2 | Column 3 |\n| ---- | --------------------------------------------------------------- | ------------ | ------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP | Emission mask |\n| 1 | Low power transmitter | 16 dBm/MHz | L |\n| 2 | High power transmitter used in a fixed service | 46 dBm/MHz | M |\n| 3 | High power transmitter used in a mobile service | 29 dBm/MHz | M |\n| 4 | High power airborne mobile transmitter used in a mobile service | 36 dBm/MHz | M |\n\n (2) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2.\n\n| Item | Column 1 | Column 2 |\n| ---- | ---------------------------------------- | ----------------------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP |\n| 1 | Cellular mobile base station | 33 dBm/MHz |\n| 2 | Cellular mobile user equipment | 25 dBm per occupied bandwidth |\n\n (3) If a person operates a radiocommunications transmitter that complies with:\n (a) emission mask L – operation of the transmitter must not exceed a maximum transmitter power of 7 dBm/MHz;\n (b) emission mask M – operation of the transmitter must not exceed a maximum transmitter power of 20 dBm/MHz;\n (c) emission mask P – operation of the transmitter must not exceed a total radiated power of 20 dBm/MHz;\n (d) emission mask O – operation of the transmitter must not exceed a total radiated power of 25 dBm per occupied bandwidth.\n (4) In this section:\n\n> occupied bandwidth, in relation to a radiocommunications transmitter, means the width of a frequency band having upper and lower limits that contain 99% of the true mean power of the transmitter’s emission at any time.\n\n> true mean power means:\n\n (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present; or\n (b) if an unmodulated carrier is not present – the mean power measured while transmitted information is present.\n\n#### 14 Harmful interference\n\n (1) A person must not operate a radiocommunications transmitter if its operation causes harmful interference to another radiocommunications device operated under a licence.\n (2) For the avoidance of doubt, the condition in subsection (1) applies notwithstanding any other condition in this instrument.\n\n> Note: A radiocommunications receiver communicating with a radiocommunications device operated under this instrument will not be afforded protection from harmful interference caused by other radiocommunications devices.\n\n#### 15 Permitted channels\n\n A person must not operate a radiocommunications device other than on:\n (a) a channel; or\n (b) two or more contiguous channels;\n set out in the table in Schedule 1.\n\n> Note: The table describes each channel by reference to its upper and lower frequencies.\n\n#### 16 Limitation in respect of fixed devices\n\n (1) This section only applies in relation to a radiocommunications device that is operated principally for communications with one other radiocommunications device that is fixed at a location.\n (2) A person must not operate a radiocommunications device from a fixed location if the radiocommunications device has been fixed at that location for more than six months.\n\n#### 17 Interference with radio astronomy observations\n\n (1) The operation of a radiocommunications device is subject to the conditions set out in this section if the device is operated on one or more of channels 7 to 18 mentioned in the table in Schedule 1.\n (2) If a person operates:\n (a) a high power transmitter in a fixed service; or\n (b) a cellular mobile base station with EIRP greater than 29 dBm/MHz;\n at a location within the prescribed (fixed or cellular mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 of Schedule 2.\n (3) If a person operates an airborne mobile transmitter at a location within the prescribed (airborne mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 in Schedule 2.\n\n#### 18 Compliance with ARPANSA Standard\n\n A person must not operate a radiocommunications device, or a group of radiocommunications devices, if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Operation subject to conditions","content":"#### 8 Operation subject to conditions\n\n The operation of a radiocommunications device under Part 2 is subject to the conditions set out in this Part.\n\n> Note: Subsection 132(3) of the Act provides that the operation of a radiocommunications device is not authorised by a class licence if it is not in accordance with the conditions of the class licence.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Operator of a radiocommunications device","content":"#### 9 Operator of a radiocommunications device\n\n (1) A person must not operate a radiocommunications device unless the person is a member or employee of:\n (a) a public safety body; or\n (b) an authorised body.\n (2) A public safety body may authorise a body to operate a radiocommunications device for the purpose of this instrument.\n\n> Note: See subsection 133(3) of the Act.\n\n (3) An authorisation under subsection (2):\n (a) must be in writing;\n (b) must specify the circumstances in which the radiocommunications device may be operated;\n (c) must specify the period, not exceeding six months, during which the radiocommunications device may be operated;\n (d) may impose requirements, not inconsistent with this instrument, in relation to the operation of the radiocommunications device; and\n (e) must refer to this instrument and specify that applicable licence conditions must be complied with.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Operation in the course of performing functions or duties","content":"#### 10 Operation in the course of performing functions or duties\n\n A person must not operate a radiocommunications device other than in the course of performing the person’s functions or duties as a member or employee of a public safety body or an authorised body.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Limitation in relation to authorised bodies","content":"#### 11 Limitation in relation to authorised bodies\n\n (1) This section applies to a person who is a member or employee of an authorised body.\n (2) A person to whom this section applies must not operate a radiocommunications device unless the operation of the device:\n (a) is for the purpose of facilitating the performance of a public safety or emergency response function by the public safety body that provided the authorisation; and\n (b) complies with the requirements, not inconsistent with this instrument, of the authorisation given by the public safety body.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Compliance with emission masks","content":"#### 12 Compliance with emission masks\n\n (1) A person must not operate a radiocommunications transmitter, other than a cellular mobile base station or cellular mobile user equipment, unless the operation of the transmitter:\n (a) complies with emission mask L; or\n (b) complies with emission mask M.\n\n> Note 1: Cellular mobile base stations are defined in subsection 4(1) to be radiocommunications transmitters that, when operated, comply with emission mask P. Cellular mobile user equipment is defined in subsection 4(1) to be those radiocommunications transmitters that, when operated, comply with emission mask O. The effect of those definitions and subsection 12(1) is that a radiocommunications transmitter may not be operated in accordance with this instrument unless it complies with one of the four specified emission masks.\n\n> Note 2: Section 13 imposes a condition that may affect which emission mask a radiocommunications transmitter must comply with in order to be operated in accordance with this instrument.\n\n (2) In this instrument, for a radiocommunications transmitter operating using a channel with a particular bandwidth and centre frequency:\n (a) operation of the transmitter complies with emission mask L if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 2 of the item;\n (b) operation of the transmitter complies with emission mask M if, at each fraction of channel bandwidth specified in column 1 of an item of the table below, the attenuation of the transmitter relative to its peak average power, is greater than or equal to the value specified in column 3 of the item.\n\n```html\n

Item

Column 1

Column 2

Column 3

Attenuation (dB) relative to Peak Average Power

Fraction of Channel Bandwidth (BW)

Emission Mask L

Emission Mask M

1

0 < BW ≤ 0.45

0

0

2

0.45 < BW ≤ 0.5

219 log(BW/0.45)

568 log(BW/0.45)

3

0.5 < BW ≤ 0.55

10 + 242 log(BW/0.5)

26 + 145 log(BW/0.5)

4

0.55 < BW ≤ 1

20 + 31 log (BW/0.55)

32 + 31 log(BW/0.55)

5

1 < BW ≤ 1.5

28 + 68 log (BW)

40 + 57 log (BW)

6

BW > 1.5

50

50

\n```\n\n (3) In subsection (2), fraction of channel bandwidth, in relation to a frequency (the relevant frequency) and a radiocommunications transmitter operated using a channel, means the fraction obtained by dividing:\n (a) the absolute value of the difference between the centre frequency of the channel and the relevant frequency; by\n (b) the bandwidth of the channel.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Operation of radiocommunications transmitter within maximum EIRP level","content":"#### 13 Operation of radiocommunications transmitter within maximum EIRP level\n\n (1) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless:\n (a) it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2; and\n (b) the operation of the transmitter complies with the emission mask mentioned in column 3.\n\n| Item | Column 1 | Column 2 | Column 3 |\n| ---- | --------------------------------------------------------------- | ------------ | ------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP | Emission mask |\n| 1 | Low power transmitter | 16 dBm/MHz | L |\n| 2 | High power transmitter used in a fixed service | 46 dBm/MHz | M |\n| 3 | High power transmitter used in a mobile service | 29 dBm/MHz | M |\n| 4 | High power airborne mobile transmitter used in a mobile service | 36 dBm/MHz | M |\n\n (2) A person must not operate a radiocommunications transmitter within a class of radiocommunications transmitters mentioned in column 1 of the following table unless it is operated at a level of EIRP that does not exceed the maximum EIRP mentioned in column 2.\n\n| Item | Column 1 | Column 2 |\n| ---- | ---------------------------------------- | ----------------------------- |\n| | Class of radiocommunications transmitter | Maximum EIRP |\n| 1 | Cellular mobile base station | 33 dBm/MHz |\n| 2 | Cellular mobile user equipment | 25 dBm per occupied bandwidth |\n\n (3) If a person operates a radiocommunications transmitter that complies with:\n (a) emission mask L – operation of the transmitter must not exceed a maximum transmitter power of 7 dBm/MHz;\n (b) emission mask M – operation of the transmitter must not exceed a maximum transmitter power of 20 dBm/MHz;\n (c) emission mask P – operation of the transmitter must not exceed a total radiated power of 20 dBm/MHz;\n (d) emission mask O – operation of the transmitter must not exceed a total radiated power of 25 dBm per occupied bandwidth.\n (4) In this section:\n\n> occupied bandwidth, in relation to a radiocommunications transmitter, means the width of a frequency band having upper and lower limits that contain 99% of the true mean power of the transmitter’s emission at any time.\n\n> true mean power means:\n\n (a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present; or\n (b) if an unmodulated carrier is not present – the mean power measured while transmitted information is present.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Harmful interference","content":"#### 14 Harmful interference\n\n (1) A person must not operate a radiocommunications transmitter if its operation causes harmful interference to another radiocommunications device operated under a licence.\n (2) For the avoidance of doubt, the condition in subsection (1) applies notwithstanding any other condition in this instrument.\n\n> Note: A radiocommunications receiver communicating with a radiocommunications device operated under this instrument will not be afforded protection from harmful interference caused by other radiocommunications devices.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Permitted channels","content":"#### 15 Permitted channels\n\n A person must not operate a radiocommunications device other than on:\n (a) a channel; or\n (b) two or more contiguous channels;\n set out in the table in Schedule 1.\n\n> Note: The table describes each channel by reference to its upper and lower frequencies.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Limitation in respect of fixed devices","content":"#### 16 Limitation in respect of fixed devices\n\n (1) This section only applies in relation to a radiocommunications device that is operated principally for communications with one other radiocommunications device that is fixed at a location.\n (2) A person must not operate a radiocommunications device from a fixed location if the radiocommunications device has been fixed at that location for more than six months.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Interference with radio astronomy observations","content":"#### 17 Interference with radio astronomy observations\n\n (1) The operation of a radiocommunications device is subject to the conditions set out in this section if the device is operated on one or more of channels 7 to 18 mentioned in the table in Schedule 1.\n (2) If a person operates:\n (a) a high power transmitter in a fixed service; or\n (b) a cellular mobile base station with EIRP greater than 29 dBm/MHz;\n at a location within the prescribed (fixed or cellular mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 of Schedule 2.\n (3) If a person operates an airborne mobile transmitter at a location within the prescribed (airborne mobile) radius of a radio astronomy site, any interference caused by the transmitter must not exceed the radio astronomy interference threshold set out for the site in Table 2.3 in Schedule 2.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Compliance with ARPANSA Standard","content":"#### 18 Compliance with ARPANSA Standard\n\n A person must not operate a radiocommunications device, or a group of radiocommunications devices, if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.","sortOrder":20}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":555},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This is a straightforward reissue/update of the 2013 class licence. The scope remains tightly focused on public safety and emergency response communications. While technical standards have been updated (notably incorporating 5G/NR standards and AAS modifications), the fundamental purpose and coverage have not expanded beyond the original intent."},"complexity_factors":["Multiple nested definitions (e.g., 'public safety body' has 4 sub-categories with cross-references to other Acts)","Four different emission masks (L, M, O, P) with complex technical specifications including logarithmic formulas","Extensive cross-referencing to external technical standards (TS 38.101-1, TS 38.104 from 3GPP, ARPANSA Standard)","Modified technical requirements for Active Antenna Systems (AAS) with specific dB substitutions","Multiple conditional tables determining power limits based on transmitter class and service type","References to undefined Schedules (Schedule 1 and Schedule 2) containing channel tables and radio astronomy site coordinates","Layered authorisation structure: public safety bodies → authorised bodies → individual operators"],"plain_english_summary":"This creates a class licence allowing police, fire, ambulance, search & rescue, defence and other authorised public safety bodies to operate radio and communications gear without individual device licences, enabling faster, coordinated emergency response.\n\nUse is limited to official duties and subject to technical emission/power limits, temporary siting rules, radio-astronomy protections, radiation safety and non-interference. The 2023 update modernises technical standards (including 5G/NR) and replaces the 2013 licence."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument preserves the original scope — a class licence authorising radiocommunications for public‑safety and emergency‑response purposes — and is explicitly intended to replace the 2013 instrument (notes to ss.1–2). The substantive change is technical and administrative: updated references to modern 3GPP specifications (for 5G NR equipment), a current ARPANSA standard for exposure limits, new numeric emission and EIRP parameters, an AAS-specific modification to emission mask limits, and explicit radio‑astronomy protection provisions (s.4, s.12, s.13, s.17, s.18). Those are refinements of implementation rules rather than an expansion of the class‑licence’s policy scope."},"complexity_factors":["Multiple technical defined terms (AAS, emission masks L/M/O/P, high/low power transmitter, EIRP, power spectral density) and cross-references to the Radiocommunications Act and spectrum plan (s.3, s.4).","Heavy reliance on external technical standards: 3GPP TS 38.101-1 and TS 38.104 (emission masks) and ARPANSA Standard (s.4, s.12, s.18).","Four distinct emission masks with a technical attenuation table using fractional channel bandwidth and logarithmic formulae (s.12(2) with the multi-row table).","Numeric power/EIRP ceilings split across multiple transmitter classes and two separate tables plus per-mask transmitter-power rules (s.13(1)–(3)).","Conditional modification for AAS (active antenna systems) that alters TS 38.104 ‘Basic limits’ values (s.4(6)) — a nested exception to the mask rules. ","Spatial constraints and thresholds referencing Schedules 1 and 2 (channels list, radio-astronomy coordinates, radii, and interference thresholds) (s.15, s.17, Schedule 2).","Administrative conditions for authorisations (must be written, ≤6 months, may add requirements) and limitation on fixed installations >6 months (s.9(3), s.16).","Multiple overlapping protections: harmful interference prohibition applies notwithstanding other conditions (s.14) and ARPANSA public‑exposure limits apply to groups of devices (s.18).","Repetition and cross-referencing within the instrument (definitions referenced back into technical clauses) increases navigation cost for users and advisers. "],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Creates the \"Radiocommunications (Public Safety and Emergency Response) Class Licence 2023\" under section 132 of the Radiocommunications Act 1992 (s.3, s.7). In short, it authorises the operation of radiocommunications devices for public-safety and emergency-response purposes, subject to detailed technical and administrative conditions in Part 3.\n\n- It does not issue individual licences. Instead it defines a class licence: if you operate a device in accordance with the conditions in this instrument, you are authorised to use the spectrum identified in Schedule 1 for the permitted purposes (s.7, s.8, s.15).\n\n- The instrument sets who may operate (only members/employees of a public safety body, or an \"authorised body\" acting under a written authorisation from a public safety body) and when — operations must be in the course of performing public-safety/emergency-response functions (s.9–s.11).\n\n- It imposes technical limits on emissions and power for different equipment types by reference to: (a) four emission masks L, M, O and P (s.12); (b) external 3GPP technical specifications for mobile equipment and base stations (TS 38.101-1 and TS 38.104) (s.4); and (c) numeric EIRP (effective isotropic radiated power) ceilings for classes of transmitters (s.13). For example, low‑power transmitters are limited to 16 dBm/MHz and must meet mask L; cellular base stations have a 33 dBm/MHz limit (s.13).\n\n- The instrument limits use to the channels listed in Schedule 1 and places additional constraints on fixed installations (no fixed-location device may remain fixed at the same location for more than six months) (s.15, s.16).\n\n- It requires operators to avoid causing harmful interference to licensed radiocommunications devices (s.14), to respect radio-astronomy protection zones and interference thresholds near specified observatories (s.17 and Schedule 2), and to comply with public‑exposure limits in the ARPANSA Standard (s.18). \n\n**Who this affects**\n\n- Primary: public safety bodies (police, ambulance, fire, search and rescue, certain Commonwealth/State bodies involved in terrorism/serious-crime prevention, and the Australian Defence Force) and their employees (definition at s.4 and class licence at s.7).\n\n- Secondary: bodies that a public safety body authorises to operate equipment on its behalf (\"authorised bodies\") — but such authorisations must be in writing, limited to at most six months, and can impose requirements (s.9(2)–(3)).\n\n- Equipment manufacturers, suppliers and system integrators: they must ensure devices meet the specified emission masks, EIRP limits, and ARPANSA exposure caps to be usable under the class licence (s.12–s.13, s.18).\n\n- Radio-astronomy operators and nearby spectrum users: the instrument creates enforceable interference thresholds and exclusion radii for certain channels near listed radio-astronomy sites (s.17, Schedule 2).\n\n**Why it matters (purpose claims and practical effects)**\n\nOfficially the instrument replaces the 2013 class licence and updates technical rules to permit public-safety and emergency-response radio use while protecting other users (notes to ss.1–2). Mechanically, it does three types of things that shape behaviour and costs:\n\n- Sets bounded access without individual licences. That reduces transaction costs for public safety bodies needing temporary or mobile comms during incidents: they may deploy equipment using the class licence rather than apply for separate licences (s.7).\n\n- Imposes technical constraints (emission masks, EIRP ceilings, ARPANSA exposure), which create compliance costs: operators must use certificated or tested devices and monitor radiated power to stay within limits (s.12–s.13, s.18). Those constraints also influence network design — lower permitted power/EIRP may reduce coverage and could require more sites or temporary relays to achieve the same reach.\n\n- Requires administrative controls over non-public-safety operators (authorised bodies): public safety bodies must issue written authorisations (s.9(2)–(3)). That centralises decision-making with public safety bodies and creates recurrent administration: authorisations are limited to six months and may be renewed.\n\nTrade-offs, incentives and implementation risks\n\n- Compliance burden and costs: verifying emission masks and EIRP compliance typically needs laboratory testing, field measurements and documentation. Manufacturers and agencies will bear those costs; operators will need processes for inspection and record-keeping (s.12–s.13).\n\n- Operational trade-off: the six-month limit on fixed installations (s.16) and EIRP limits (s.13) incentivise temporary deployments and may push longer-term, higher-capacity public-safety networks toward separate licensing or commercial arrangements if persistent coverage is required.\n\n- Reliance on external technical standards: the instrument references 3GPP TS 38.101-1 and TS 38.104 and an ARPANSA Standard (s.4, s.18). Those documents evolve; the instrument’s effect depends on how updates are interpreted and applied. Section 6 confirms references to other instruments are taken as in force from time to time, which introduces dependency on evolving technical specs.\n\n- Radio-astronomy protection: specific radii and thresholds in Schedule 2 create geographic constraints that may restrict high-power or airborne operations in those zones, requiring coordination and potentially reducing operational flexibility near those sites (s.17).\n\n- Administrative discretion and renewal workload: public safety bodies decide which outside bodies may be authorised and set conditions (s.9(3)). That creates a point of control but also administrative overhead and possible delay in urgent incidents if not pre-authorised.\n\n**Concrete behavioural consequences**\n\n- Who pays: equipment manufacturers and public-safety agencies pay for compliance (equipment design, testing, field measurement). Operators pay for administrative authorisations and any extra deployments needed because of power or fixed-site limits (s.9, s.12–s.13, s.16).\n\n- Who decides: public safety bodies decide which outside organisations may operate under the licence (s.9). The Australian Communications and Media Authority enforces compliance under the Radiocommunications Act (note to s.6, and authority in s.3).\n\n- What changes for users: public-safety teams can deploy class-licensed equipment subject to technical limits; contractors must get written authorisation and comply with any conditions; long-term fixed public-safety links are discouraged without a different licence route (s.9, s.16).\n\n**Key sections to note**: class licence purpose and scope (s.7), who may operate (s.9–s.11), emission masks (s.12), EIRP and power limits (s.13), harmful interference (s.14), permitted channels (s.15), fixed-device limit (s.16), radio-astronomy protections (s.17), ARPANSA exposure limits (s.18)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-public-safety-and-emergency-response-class-licence-2023","history":"/api/acts/radiocommunications-public-safety-and-emergency-response-class-licence-2023/history","analysis":"/api/acts/radiocommunications-public-safety-and-emergency-response-class-licence-2023/analysis","conflicts":"/api/acts/radiocommunications-public-safety-and-emergency-response-class-licence-2023/conflicts","importantCases":"/api/acts/radiocommunications-public-safety-and-emergency-response-class-licence-2023/important-cases","documents":"/api/acts/radiocommunications-public-safety-and-emergency-response-class-licence-2023/documents"}}