{"id":"F2023L00239","name":"Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Band) Determination 2023","slug":"radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103865,"registerId":"commonwealth-F2023L00239-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 – 2.5 GHz Band) Determination 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).","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 — 2.5 GHz Band) Determination 2012","content":"#### 4 Repeal of the Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Band) Determination 2012\n\n  The Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Band) Determination 2012 \\[F2012L02545\\] is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> 2.5 GHz band means the 2.5 GHz lower band and the 2.5 GHz upper band.\n\n> 2.5 GHz lower band means the frequency band 2500 MHz to 2570 MHz.\n\n> 2.5 GHz spectrum licence means a spectrum licence that authorises the operation of radiocommunications devices in the 2.5 GHz band.\n\n> 2.5 GHz upper band means the frequency band 2620 MHz to 2690 MHz.\n\n> AAS means a base station antenna system 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> Note: AAS stands for active antenna system.\n\n> Act means the Radiocommunications Act 1992.\n\n> Australian Spectrum Map Grid means the Australian Spectrum Map Grid 2012, published by the ACMA.\n\n> Note: The Australian Spectrum Map Grid is available, free of charge, from the ACMA’s website at [www.acma.gov.au](http://www.acma.gov.au).\n\n> Australian territorial sea baseline means the baseline from which the breadth of the territorial sea, or any part of the territorial sea, is to be measured under section 7 of the Seas and Submerged Lands Act 1973.\n\n> centre frequency, in relation to a radiocommunications transmitter, means the frequency midway between the lower and upper frequency limits of the transmitter’s occupied bandwidth.\n\n> DEM-3S means the dataset:\n\n    (a) with the citation “Gallant, J., Wilson, N., Tickle, P.K., Dowling, T., Read, A. 2009. 3 Second SRTM Derived Digital Elevation Model (DEM) Version 1.0. Record 1.0. Geoscience Australia, Canberra”; and\n    (b) given the persistent identifier [http://pid.geoscience.gov.au/dataset/ga/69888](http://pid.geoscience.gov.au/dataset/ga/69888);\n    published by Geoscience Australia.\n\n> Note: DEM-3S is available, free of charge, from Geoscience Australia using the persistent identifier. More information about DEM-3S is available, free of charge, from the Geoscience Australia website at [www.ga.gov.au](http://www.ga.gov.au).\n\n> DEM-3S cell means an individual height element of the DEM-3S.\n\n> device boundary: see item 1 of Schedule 2.\n\n> device boundary criterion: see item 2 of Schedule 2.\n\n> effective antenna height: see Schedule 3.\n\n> EIRP, in relation to a radiocommunications device, means the equivalent isotropically radiated power of the device.\n\n> emission designator: see section 7.\n\n> fixed receiver means a radiocommunications receiver:\n\n    (a) located at a fixed point on land or sea; and\n    (b) not designed or intended for use while in motion.\n\n> fixed transmitter means a radiocommunications transmitter:\n\n    (a) located at a fixed point on land or sea; and\n    (b) not designed or intended for use while in motion.\n\n> GDA94 means the geodetic datum designated as the “Geocentric Datum of Australia (GDA)”, gazetted in the Commonwealth of Australia Gazette No. GN 35 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> geographic area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.\n\n> group of radiocommunications receivers: see section 9.\n\n> group of radiocommunications transmitters: see section 8.\n\n> horizontally radiated power, for a radiocommunications device, means the sum of:\n\n    (a) the maximum true mean power, in dBm per specified rectangular bandwidth, at the antenna connector, that is located within the frequency band of the spectrum licence authorising the operation of the radiocommunications device; and\n    (b) the antenna gain relative to an isotropic antenna in a specified direction in the horizontal plane containing the phase centre of the antenna used with the radiocommunications device, in dBi.\n\n> location: see Schedule 1.\n\n> maximum true mean power means the true mean power measured in a specified rectangular bandwidth that is located within a specified frequency band, such that the true mean power is the maximum of the true mean powers produced.\n\n> Note: The power within the specified rectangular bandwidth is normally established by taking measurements using either an adjacent channel power meter or a spectrum analyser. Estimation of the accuracy of the measuring equipment, the measurement protocol and any adjustments made to measurements to take account of practical filter shape factors should be in accordance with good engineering practice.\n\n> mean power means the average power measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.\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> Radio Regulations means the document titled ‘Radio Regulations’, published by the International Telecommunication Union.\n\n> Note 1: The Radio Regulations are not regulations made by the Governor-General under the Act.\n\n> Note 2: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at [www.itu.int](http://www.itu.int).\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> Note: 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  (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 part of the spectrum or the frequency band.","sortOrder":4},{"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 existence 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":5},{"sectionNumber":"7","sectionType":"section","heading":"Emission designator","content":"#### 7 Emission designator\n\n  (1) For the purpose of this instrument, the designation of a radiocommunications transmitter’s emission (emission designator) is determined using the methods specified in the Radio Regulations.\n  (2) For the purpose of determining the emission designator of a radiocommunications transmitter using the methods specified in the Radio Regulations, references in the Radio Regulations to “necessary bandwidth” for a given class of emission are taken to be references to the occupied bandwidth of the transmitter.\n\n> Note: At the time the ACMA made this instrument, Appendix 1 of the Radio Regulations set out the method to be used for determining the designation of a radiocommunications transmitter’s emission.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Group of radiocommunications transmitters","content":"#### 8 Group of radiocommunications transmitters\n\n  (1) For the purposes of this instrument, and subject to subsection (2), two or more fixed transmitters are a group of radiocommunications transmitters if:\n    (a) each transmitter has the same centre frequency and emission designator; and\n    (b) each transmitter is operated for the purpose of communicating with the same radiocommunications receiver or group of radiocommunications receivers; and\n    (c) each transmitter has an antenna of the same type, model and manufacture; and\n    (d) the antenna used with each transmitter is located on the same structure and within 20 metres of the phase centre of all antennas for the other transmitters within the group of radiocommunications transmitters; and\n    (e) the identification number assigned by the ACMA to the antenna used with each radiocommunications transmitter is the same.\n\n> Note: See section 144 of the Act, and any instrument made under that section, for the information that must be included in the Register about a spectrum licence and each radiocommunications device operated under a spectrum licence.\n\n  (2) A radiocommunications transmitter must not belong to more than one group of radiocommunications transmitters.\n\n> Note: If a radiocommunications transmitter is capable of belonging to more than one group of radiocommunications transmitters, the spectrum licensee or authorised third party may nominate one group for the transmitter.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Group of radiocommunications receivers","content":"#### 9 Group of radiocommunications receivers\n\n  (1) For the purposes of this instrument, and subject to subsection (2), two or more fixed receivers are a group of radiocommunications receivers if:\n    (a) each receiver is operated for the purpose of communicating with the same radiocommunications transmitter or group of radiocommunications transmitters; and\n    (b) each receiver has an antenna of the same type, model and manufacture; and\n    (c) the antenna used with each receiver is located on the same structure and within 20 metres of the phase centre of all antennas for the other receivers within the group of radiocommunications receivers; and\n    (d) the identification number assigned by the ACMA to the antenna used with each radiocommunications receiver is the same.\n\n> Note: See section 144 of the Act, and any instrument made under that section, for the information that must be included in the Register about a spectrum licence and each radiocommunications device operated under a spectrum licence.\n\n  (2) A radiocommunications receiver must not belong to more than one group of radiocommunications receivers.\n\n> Note: If a radiocommunications receiver is capable of belonging to more than one group of radiocommunications receivers, the spectrum licensee or authorised third party may nominate one group for the receiver.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Unacceptable level of interference","content":"#### 10 Unacceptable level of interference\n\n  (1) A level of interference caused by a radiocommunications transmitter operated under a 2.5 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 2.\n  (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the radiocommunications transmitter 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 2; and\n    (ii) does not cross over land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline.\n  (3) A level of interference caused by a radiocommunications transmitter operated under a 2.5 GHz spectrum licence is unacceptable if the operation of the transmitter results in emissions above the horizontal plane greater than 45 dBm/30 kHz EIRP.\n  (4) A level of interference caused by a radiocommunications transmitter operated under a 2.5 GHz spectrum licence is unacceptable if the transmitter:\n    (a) operates in the 2.5 GHz lower band; and\n    (b) has an effective antenna height greater than 10 metres.\n  (5) This section does not apply in relation to a radiocommunications transmitter to which section 12 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 2.5 GHz band spectrum licence – see subsection 69(2) of the Act.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Accuracy","content":"#### 11 Accuracy\n\n  Unless otherwise specified, the value of a parameter in Schedules 2 and 3 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":10},{"sectionNumber":"12","sectionType":"section","heading":"Transitional — radiocommunications transmitter registered before commencement of this instrument","content":"#### 12 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 2.5 GHz band spectrum licence before the commencement of this instrument (relevant transmitter), 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 – 2.5 GHz Band) Determination 2012, as in force at the time the relevant transmitter was included in the Register.\n\n> Note: The Radiocommunications (Unacceptable Levels of Interference – 2.5 GHz Band) Determination 2012 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 2, 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 subsection (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 – 2.5 GHz Band) Determination 2012, 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":11}],"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":8,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2012 Determination with updated technical references. The scope remains tightly focused on interference management for the 2.5 GHz band. While it incorporates modern technologies like Active Antenna Systems (AAS) that didn't exist in 2012, this represents technical evolution within the original purpose rather than scope creep. The grandfathering provisions (section 12) explicitly preserve the original regulatory framework for existing equipment."},"complexity_factors":["Extensive mathematical formulae including Vincenty's Direct Formulae for geodetic calculations (Schedule 1, item 3)","Terrain-based propagation modelling using DEM-3S elevation data with 3-second resolution (Schedules 2 and 3)","22 defined terms in section 5, many cross-referencing external technical standards (ITU Radio Regulations, GDA94 datum, DEM-3S dataset)","Nested conditional logic in device boundary calculation: 400 radial increments × 360 degrees with iterative convergence criteria (10^-12 tolerance)","Exception to exception structure in section 10(2) — device boundary exceeding licence area is unacceptable UNLESS connected to a radial that doesn't cross land outside the licence area above the territorial sea baseline","Transitional provisions in section 12 creating parallel regulatory regimes for pre-existing vs new transmitters with 'old device boundary' vs 'new device boundary' comparisons","Active Antenna System (AAS) carve-outs with different protection levels (-108 dBm vs -116 dBm) creating dual calculation tracks","Multiple external instrument references (Radiocommunications Act 1992, 2012 Determination, ITU Radio Regulations, Seas and Submerged Lands Act 1973) with 'as in force from time to time' dynamic incorporation"],"plain_english_summary":"This instrument defines what counts as \"unacceptable interference\" from 2.5 GHz mobile/wireless broadband transmitters and prescribes how licence-holders must calculate transmitter boundaries so neighbouring networks and satellite services are protected. It affects carriers, equipment makers and the ACMA’s registration decisions.\n\nIt matters because it preserves mobile service quality and protects other spectrum users by using terrain data, precise geodetic calculations, special rules for modern active antenna systems, and grandfathering for existing transmitters."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This 2023 Determination modifies scope relative to the 2012 Determination in several concrete ways. Notable changes in scope and mechanics include: (a) explicit differentiation and special treatment for active antenna systems (AAS) — AAS have a distinct RP definition and a less stringent level-of-protection value (LOP = -108 dBm per 30 kHz versus -116 dBm for other transmitters) (Schedule 2), (b) an explicit absolute limit on emissions above the horizontal plane (emissions >45 dBm/30 kHz EIRP are unacceptable) (s.10(3)), and (c) an absolute effective-antenna-height cap for transmitters in the 2.5 GHz lower band (transmitters with effective antenna height >10 m are treated as causing unacceptable interference) (s.10(4)).\n\nThe instrument also replaces the earlier device‑boundary methodology with a fully specified algorithm that uses the DEM‑3S dataset, a 360×400 point radial sweep, and precise geodesic computation rules (Schedules 2–3). Transitional protection (s.12) preserves earlier determinations for already-registered transmitters unless a change increases the device boundary. Taken together these updates tighten and clarify the technical assessment regime and introduce new technical distinctions (especially for AAS), so the operational scope for how a transmitter is judged acceptable has materially changed from the 2012 Determination."},"complexity_factors":["Highly technical numerical algorithm for device boundary using 360 radials (n = 0..359) and 400 distance increments (m = 1..400) — 144,000 evaluation points per transmitter (Schedule 2 item 1).","Multiple specialised defined terms and dataset references (DEM-3S, AAS, RP, MP, LOP, effective antenna height) spread across Definitions and Schedules (s.5, Schedule 2, Schedule 3).","Different processing paths and parameter values for AAS vs non‑AAS (different LOP values, special RP definition for AAS) (Schedule 2).","Detailed propagation-loss modelling with iterative calculations and multiple substeps (Schedule 2 item 3) including dependence on effective antenna height from Schedule 3.","Non-trivial geodesic computations using Vincenty’s Direct Formulae with iteration tolerance 10^-12 (Schedule 3 item 3), requiring numerical implementation rather than simple look-up tables.","DEM cell 3×3 averaging rules and special modulus-based exceptions for cell selection and effective height (Schedule 3 items 1–2), increasing edge-case complexity.","Accuracy/confidence requirement (95%) for parameter estimates used in Schedules 2 and 3 (s.11) introduces statistical measurement/engineering uncertainty handling.","Cross-references to the Act, Register, Radio Regulations, and prior 2012 Determination — legal and historical cross-linking (ss.3, 4, 6, notes to s.10, s.12).","Transitional rules preserving prior assessments for existing registered transmitters unless registration details change and device boundary increases (s.12), adding conditional logic.","Multiple prohibitions and numeric thresholds (e.g. >45 dBm/30 kHz EIRP above horizontal plane, >10 m effective height in lower band) combined with device-boundary criteria (s.10)."],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Establishes what counts as an \"unacceptable level of interference\" from transmitters operating under a 2.5 GHz spectrum licence (the 2.5 GHz band is split into a lower band 2500–2570 MHz and an upper band 2620–2690 MHz). (See section 10.)\n- Replaces the 2012 Determination and sets out, in technical detail, how to calculate a transmitter’s \"device boundary\" — the contour around a site beyond which its operation would cause interference above the permitted level. The device boundary is calculated by stepping radials every degree (0–359) and every 100 m up to 40 km (m = 1..400) and evaluating a formula that combines transmitter power, antenna gain, propagation loss, and a level-of-protection term (LOP). (See Schedule 2 items 1–3.)\n- Specifies propagation-loss modelling to be used, the digital elevation dataset to be used (DEM-3S from Geoscience Australia), and an algorithm (including Vincenty’s geodesic formulae) for precise geolocation and terrain averaging. (See Definitions and Schedules 1–3.)\n- Sets numeric limits and conditions that make interference \"unacceptable\":\n  - emissions outside the authorised frequency band or geographic area, or contravening licence core conditions; (s.10(1)(a))\n  - any part of the device boundary lying outside the licence geographic area (subject to a narrow exception); (s.10(1)(b)–(2))\n  - emissions above the horizontal plane greater than 45 dBm per 30 kHz EIRP; (s.10(3))\n  - operation in the 2.5 GHz lower band with effective antenna height greater than 10 m; (s.10(4))\n- Treats active antenna systems (AAS — antenna arrays with dynamically adjusted amplitude/phase) separately: the instrument defines RP (radiated power) for AAS and applies a different level-of-protection (LOP) value for AAS vs non‑AAS transmitters when calculating the device boundary. (See Definitions and Schedule 2.)\n- Requires that parameter estimates used in the schedules meet a 95% confidence that the true value will be below the specified requirement. (s.11)\n- Provides transitional protection for transmitters already recorded in the Register before this instrument commenced: such transmitters remain judged by the prior (2012) test unless a registered detail change increases the device boundary on any radial. (s.12)\n\nWho is affected\n\n- Primary: holders of 2.5 GHz band spectrum licences (mobile network operators, private network operators) and any authorised third parties who register transmitters under those licences. (See Definitions and notes to s.10.)\n- Secondary: equipment manufacturers and network planners (who must model device boundaries and configure antenna systems), and the ACMA (who must apply these rules when deciding whether to include or refuse transmitter details in the Register). (See s.10 and notes.)\n\nWhy it matters (stated purpose and practical effect)\n\n- Purpose claimed by the instrument: to set objective technical criteria for when a transmitter would cause an \"unacceptable level of interference\" to other radiocommunications devices in the 2.5 GHz band, enabling the ACMA to refuse to register or to require changes to transmitters that would cause such interference. (See Authority s.3 and notes to s.10.)\n\n- Practical effects and trade-offs:\n  - Who pays: spectrum licensees and their contractors bear modelling, measurement and compliance costs (site surveys, propagation modelling, DEM data processing, and possible site redesign or power/height limits). (See s.11, Schedule 2 and 3.)\n  - Who decides: the instrument prescribes a deterministic method and thresholds; ACMA applies those tests to Register entries and enforces non-registration or refusal by reference to the tests (s.3, s.10 and notes). This reduces discretionary judgment by specifying formulas, but ACMA still decides on registration outcomes. (See s.3 and s.10.)\n  - Behaviour change required: operators must model device boundaries per the supplied algorithm, ensure emissions and device boundaries remain within licence bands/areas, limit above-horizon EIRP to ≤45 dBm/30 kHz, and (for the lower 2.5 GHz band) keep effective antenna height ≤10 m or risk being treated as causing unacceptable interference. (See s.10(3)–(4), Schedules 2–3.)\n  - Effects on private enterprise and competition: the instrument constrains where and how operators deploy base stations (power, height, beam control), which may increase rollout costs and favour operators that can absorb modelling and equipment costs. The separate treatment of AAS (different LOP and RP definition) creates a technical distinction that may influence equipment choices — operators using AAS will be modelled differently and may be able to shape radiation patterns to meet the RP limits claimed. (See Schedule 2 notes and definitions for AAS and LOP.)\n\nAssessment of incentives, costs and risks (mechanistic, evidence-focused)\n\n- Compliance burden: the device-boundary method is computationally intensive (360 radials × 400 distance increments = 144,000 evaluation points per transmitter) and requires terrain data (DEM‑3S), measured site heights, measurement uncertainty control (95% confidence), and implementation of iterative geodesic (Vincenty) formulae. That creates measurable engineering and software-development costs for operators (Schedules 1–3 and s.11). \n\n- Implementation risk and disputes: the regulation is highly prescriptive mathematically but sensitive to input data (antenna phase-centre coordinates, DEM cell selection, measurement error tolerances). Discrepancies in site data or DEM cell selection (there are special rules when coordinates align to particular DEM cell boundaries) could trigger disagreements between operators and ACMA about whether a device boundary crosses a licence area. (See Schedule 3 and Schedule 1 notes.)\n\n- Concentrated benefits / diffuse costs: the instrument protects existing licence geographic areas and authorised frequency use (a concentrated benefit to incumbents), while costs (modelling, possible redesigns, equipment choices) are borne by licensees and their customers via higher rollout costs or delayed deployments. Transitional protection (s.12) shields existing registered transmitters from immediate effect, reducing short-term disruption to incumbents but imposing the new rules on future changes.\n\n- Bureaucratic discretion: the instrument reduces room for subjective assessment by stipulating detailed formulas and datasets to be used; most discretion remaining is in ACMA’s administrative application (e.g. registering devices, identifying antenna IDs referenced in grouping rules). (See s.8–9 and notes.)\n\nKey concrete requirements to watch (with section pointers)\n\n- Device boundary calculation method and parameters (Schedule 2 items 1–3).\n- DEM-3S dataset and 3×3 cell averaging for ground height (Schedule 3 item 2; Definitions for DEM-3S).\n- 95% confidence requirement for parameter estimates used in Schedules 2 and 3 (s.11).\n- Emission above horizontal plane limit >45 dBm/30 kHz EIRP is unacceptable (s.10(3)).\n- Effective antenna height >10 m in the 2.5 GHz lower band is unacceptable (s.10(4)).\n- Different LOP values for AAS (-108 dBm/30 kHz) and non‑AAS (-116 dBm/30 kHz) (Schedule 2 device boundary criterion). \n\nSelected immediate operational implications\n\n- Operators must incorporate the instrument’s exact calculation routines into their planning tools or obtain modelling from third parties that can replicate these calculations to the required confidence level. (Schedules 2–3; s.11.)\n- Equipment and network design choices (antenna height, azimuthal power/beam control, choice to use AAS) will be influenced by how those choices feed into RP and the LOP in the device-boundary calculation. (Schedule 2 notes on RP and LOP.)\n- Existing, registered transmitters get transitional protection under s.12, so immediate rework is not triggered for all legacy sites.\n\nReferences to specific provisions: device boundary and unacceptable interference rules (s.10, Schedule 2); definitions (s.5); DEM usage and effective antenna height (Schedule 3); accuracy and transitional arrangements (s.11–12)."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023","history":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023/history","analysis":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023/analysis","conflicts":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023/conflicts","importantCases":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023/important-cases","documents":"/api/acts/radiocommunications-unacceptable-levels-of-interference-2-5-ghz-band-determination-2023/documents"}}