12Harmful interference — secondary services

12 Harmful interference — secondary services

(1) This section applies to a secondary service that uses a frequency band.

(2) The secondary service must not cause harmful interference to a primary service using the frequency band, including a primary service that starts to use the frequency band after the secondary service starts.

(3) The secondary service must not cause harmful interference to a situation, or an activity, that is exempt, under Division 4 of Part 1.4 of the Act, from the operation of the Act.

(4) The secondary service cannot claim protection from harmful interference caused by a primary service using the frequency band, including a primary service that starts to use the frequency band after the secondary service starts.

(5) The secondary service may claim protection from harmful interference caused by another secondary service that:

(a) is using the frequency band; and

(b) was licensed after the first‑mentioned secondary service.

Note 1 A service to which this Spectrum Plan applies may not claim protection from harmful interference caused by a situation, or an activity, that is exempt, under Division 4 of Part 1.4 of the Act, from the operation of the Act.

Note 2 Other levels of interference protection are, or may be, provided for under the Act.