{"id":"F2024L00255","name":"Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2024","slug":"radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105115,"registerId":"commonwealth-F2024L00255-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 31 March 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 145(4) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Radiocommunications (Unacceptable Levels of Interference — 2.3 GHz Band) Determination 2013","content":"#### 4 Repeal of the Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013\n\n  The Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013 \\[F2013L02155\\] is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Purpose","content":"#### 5 Purpose\n\n  This Determination sets out what is an unacceptable level of interference caused by a radiocommunications transmitter operating under a spectrum licence issued in the 2.3 GHz band, so as to ensure that high levels of radio emission from radiocommunications transmitters operated under a spectrum licence are kept within the geographic area and frequency band of the licence.\n\n> Note 1: Under section 145 of the Act, the ACMA may refuse to register a radiocommunications transmitter if it is satisfied that the operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other spectrum licence, or any other licence.\n\n> Note 2: The ACMA has issued written advisory guidelines under section 262 of the Act about compatibility requirements in relation to the assignment of frequencies to radiocommunications transmitters operated under apparatus licences and the operation of radiocommunications transmitters under spectrum licences. The ACMA will take these guidelines into account during the settlement of interference disputes. Each case will be assessed on its merits. The guidelines do not prevent a licensee negotiating other compatibility requirements with another licensee. The guidelines are:\n\n-   Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 2.3 GHz Band) 2024; and\n-   Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 2.3 GHz Band) 2024.\n\n> Note: These instruments can be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> 2.3 GHz band means the frequency band 2300 MHz to 2400 MHz.\n\n> 2.3 GHz spectrum licence means a spectrum licence that authorises the operation of radiocommunications devices in the 2.3 GHz band.\n\n> device boundary: see item 1 of Schedule 1.\n\n> device boundary criterion: see item 2 of Schedule 1.\n\n> Recommendation ITU-R P.525-4 means the ITU-R Recommendation “P.525-4 Calculation of free-space attenuation”.\n\n> Note: The ITU-R Recommendations are available, free of charge, from the International Telecommunication Union’s website at [www.itu.int](http://www.itu.int).\n\n> Recommendation ITU-R P.526-15 means the ITU-R Recommendation “P.526-15 Propagation by diffraction”.\n\n> Note: The ITU-R Recommendations are available, free of charge, from the International Telecommunication Union’s website at [www.itu.int](http://www.itu.int).\n\n> Recommendation ITU-R P.2108-0 means the ITU-R Recommendation “P.2108-0 Prediction of clutter loss”.\n\n> Note 1: The ITU-R Recommendations are available, free of charge, from the International Telecommunication Union’s website at [www.itu.int](http://www.itu.int).\n\n> Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) core condition;\n    (c) frequency band;\n    (d) interference;\n    (e) radiocommunications device;\n    (f) radiocommunications receiver;\n    (g) radiocommunications transmitter;\n    (h) radio emission;\n    (i) Register;\n    (j) spectrum licence.\n\n> Note 3: A number of other expressions used in this instrument may be defined in the Radiocommunications (Interpretation – Technical Framework) Determination 2024 or another instrument made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 to replace it, including the following:\n\n    (a) AAS;\n    (b) Act;\n    (c) Australian territorial sea baseline;\n    (d) average ground height;\n    (e) geographic area;\n    (f) HCIS identifier;\n    (g) ITU-R Recommendation.\n  (2) In this instrument, unless otherwise specified, a reference to a part of the spectrum or a frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This subsection means the lower number in a part of the spectrum or a frequency band is not included in the frequency band.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"References to other instruments","content":"#### 7 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":"8","sectionType":"section","heading":"Unacceptable levels of interference","content":"#### 8 Unacceptable levels of interference\n\n  (1) A level of interference caused by a radiocommunications transmitter operated under a 2.3 GHz spectrum licence is unacceptable if:\n    (a) the operation of the transmitter results in a contravention of a core condition of the licence relating to the maximum permitted level of radio emission from the transmitter:\n    (i) outside the parts of the spectrum the use of which is authorised under the licence; or\n    (ii) outside the geographic area of the licence; or\n    (b) subject to subsection (2), any part of the device boundary of the transmitter lies outside of the geographic area of the licence; or\n    (c) the device boundary of the transmitter cannot be calculated in accordance with item 1 of Schedule 1.\n  (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary that:\n    (a) lies outside the geographic area of the licence; and\n    (b) is connected to a radial that:\n    (i) is mentioned in item 1 of Schedule 1; and\n    (ii) does not cross over land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline; and\n    (iii) does not cross over any of the following HCIS identifiers: IW3E, IW3I, IW3M, IW6A, IW6E, KX9, LX7, LX8, LX9.\n\n> Note: The HCIS identifiers beginning with IW describe an area near Adelaide. The HCIS identifiers beginning with KX and LX describe an area in the Bass Strait.\n\n  (3) This section does not apply in relation to a radiocommunications transmitter to which section 10 applies.\n\n> Note: Subsection 145(1) of the Act provides that the ACMA may refuse to include in the Register details of a radiocommunications transmitter if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices. However, some radiocommunications transmitters are exempt from the requirement to be registered in the Register under their 2.3 GHz band spectrum licence – see subsection 69(2) of the Act. Accordingly, these transmitters are not required to meet the device boundary criterion specified in this Determination.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Accuracy","content":"#### 9 Accuracy\n\n  Unless otherwise specified, the value of a parameter in Schedule 1 must be estimated with a level of confidence not less than 95 percent that the true value of the parameter will always remain below the requirement specified in this instrument.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Transitional — radiocommunications transmitter registered before commencement of this instrument","content":"#### 10 Transitional – radiocommunications transmitter registered before commencement of this instrument\n\n  (1) If a radiocommunications transmitter was included in the Register in relation to a 2.3 GHz band spectrum licence before the commencement of this instrument (relevant transmitter), and is taken to cause an unacceptable level of interference under section 8, this section applies in relation to that transmitter.\n  (2) Subject to subsection (3), for the purposes of subsection 145(4) of the Act, a level of interference caused by a relevant transmitter is unacceptable if it would have been unacceptable under the Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013, as in force at the time the relevant transmitter was included in the Register.\n\n> Note: The Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013 is available, free of charge, from the Federal Register of Legislation at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n  (3) For the purposes of subsection 145(4) of the Act, if:\n    (a) after the commencement of this instrument, both:\n    (i) a detail of a relevant transmitter changes (relevant change); and\n    (ii) the change to the detail is recorded in the Register; and\n    (b) the distance of the new device boundary of the relevant transmitter is, on each radial mentioned in item 1 of Schedule 1, equal to or less than the distance of the old device boundary of the relevant transmitter on that radial; and\n    (c) but for the effect of this subsection, a level of interference caused by the relevant transmitter, immediately after the change time, would be unacceptable;\n  the level of interference caused by the relevant transmitter, immediately after the change time, is not unacceptable because of the relevant change.\n  (4) In subsections (3):\n\n> change time, for a relevant transmitter, means the time the relevant change is recorded in the Register.\n\n> new device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately after the change time, in accordance with this instrument as in force at the change time.\n\n> old device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately before the change time, in accordance with the Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013, as in force at the registration time.\n\n> registration time, for a relevant transmitter, means the time the transmitter was included in the Register.","sortOrder":9}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: setting technical interference limits for 2.3 GHz spectrum licences. The 2024 version is a direct replacement of the 2013 Determination with updated technical standards (newer ITU-R Recommendations, AAS provisions) but does not expand the scope beyond the 2.3 GHz band or introduce new categories of regulated entities."},"complexity_factors":["Extensive cross-referencing to three separate ITU-R Recommendations (P.525-4, P.526-15, P.2108-0) and the Radiocommunications (Interpretation – Technical Framework) Determination 2024","Mathematical algorithm for device boundary calculation involving 360 radial calculations at 100-metre increments up to 101 km (1010 increments × 360 degrees)","Nested conditional logic in section 8 with a main test, an exception in subsection (2) with three sub-conditions, and a carve-out in subsection (3)","Transitional provisions in section 10 creating a dual-regime system comparing 'old' and 'new' device boundaries with defined terms specific to that section","Technical parameters varying by antenna type: different protection levels for AAS (-91.5 dBm) vs non-AAS (-99.5 dBm), different propagation models for antennas above vs at/below 6 metres","8 defined terms in section 6 plus incorporation by reference of numerous terms from the parent Act and the Interpretation Determination","Specific HCIS identifier exclusions (IW3E, IW3I, IW3M, IW6A, IW6E, KX9, LX7, LX8, LX9) requiring geographic knowledge","95% confidence level requirement for parameter estimation in section 9"],"plain_english_summary":"This Determination sets the technical test for when radio interference from 2.3 GHz mobile/wireless transmitters is “unacceptable,” guiding ACMA on refusing registrations that would harm other users. It matters to spectrum licence holders (mobile operators), ACMA, and adjacent radio users because it defines a calculated “device boundary” around transmitters, limits spillover outside licence areas, and preserves pre‑31 March 2024 registrations under grandfathering rules."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2013 Determination (s.4) and replaces it with updated technical measures: a new device‑boundary calculation method (Schedule 1), specified ITU‑R propagation procedures (Schedule 1, item 3), distinct LOPs for AAS vs non‑AAS transmitters (Schedule 1, item 2), a 95% accuracy requirement (s.9), precise antenna‑height rules (item 4) and transitional rules preserving certain pre‑commencement registrations (s.10). Those changes alter the technical compliance obligations and registration assessment scope compared with the repealed instrument."},"complexity_factors":["Detailed technical propagation modelling required (references to ITU‑R P.525‑4, P.526‑15 and P.2108‑0) (Schedule 1, item 3).","Fine‑grained spatial computation: 360 azimuthal radials and up to 1010 distance increments at 100 m spacing per radial (Schedule 1, item 1).","Mathematical device‑boundary criterion RP − MP combining EIRP per 5 MHz, propagation loss, receiver gain and level‑of‑protection (Schedule 1, item 2).","Different level‑of‑protection values for transmitters with adaptive antenna systems (AAS) versus others (Schedule 1, item 2 LOP).","Accuracy requirement: parameters must be estimated with ≥95% confidence that true values remain below limits (s.9).","Detailed antenna height definition (phase centre measurement tolerance) and group‑transmitter aggregation rules (Schedule 1, item 4 and item 1(2)).","Transitional and grandfathering rules for transmitters registered before commencement, including conditions where changes are not treated as creating unacceptable interference (s.10).","Geographic exceptions and exclusions tied to specific radials, land/sea baseline and HCIS identifiers increase legal and mapping complexity (s.8(2)).","Interplay with ACMA discretion on registration and advisory guidelines adds procedural uncertainty (ss.5,7, note references)."],"plain_english_summary":"This Determination replaces the 2013 instrument and mechanically defines when emissions from transmitters under a 2.3 GHz spectrum licence are “unacceptable” by prescribing a device‑boundary calculation, propagation‑loss methods and level‑of‑protection thresholds. It applies to transmitters in the 2300–2400 MHz band and commences 31 March 2024. Licensed operators must design and limit emissions (power, beam direction and antenna height) so the calculated device boundary stays within their licensed area or meets the device‑boundary criterion. The ACMA may refuse registration of transmitters that would cause unacceptable interference (ss.5,8, Schedules)."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024","history":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024/history","analysis":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024/analysis","conflicts":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024/conflicts","importantCases":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024/important-cases","documents":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-3-ghz-band-determination-2024/documents"}}