This instrument repeals the 2016 guidelines and provides updated technical guidance on managing interference from spectrum-licensed transmitters in the 2 GHz band. It directs spectrum licensees to design for specified in‑band and out‑of‑band protection, identifies which receivers and services are to be protected (fixed links, MSS/earth stations, space links, TOB, PTS and HAPS), and points to RALI and ITU‑R standards. The ACMA may rely on these guidelines when deciding whether a spectrum licence operation is causing interference.
These Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters - 2 GHz Band) 2023 set out non‑statutory guidance about how the Australian Communications and Media Authority (ACMA) will approach management of interference arising from radiocommunications transmitters authorised by spectrum licences in the 2 GHz band. The instrument is made under s 262 of the Radiocommunications Act 1992 (the Act) (s 3) and commences the day after registration (s 2). It repeals the earlier 2016 version of the same guidelines (s 4).
Mechanically, the instrument (a) provides definitions relevant to the 2 GHz band and cross‑references the section 145 determination that defines “unacceptable level of interference” for the band (s 5); (b) identifies the categories of receivers and the protection expectations that spectrum licensees should meet when planning operations (Parts 3-8 described in s 7(2)); (c) directs spectrum licensees to apply the assignment/coordination criteria in published Radiocommunications Assignment and Licensing Instructions, notably RALI FX 3 for point‑to‑point fixed services and RALI FX 21 for television outside broadcast (TOB) services (s 10(1), s 16(1), s 8); and (d) points to relevant International Telecommunication Union Radiocommunication Sector (ITU‑R) Recommendations for propagation modelling, HAPS operation and protection criteria for earth stations (s 7(3), s 12(2), s 14).
The instrument is expressly advisory: ACMA may take it into account in determining whether a 2 GHz spectrum licence transmitter is causing interference to apparatus‑licensed or class‑licensed receivers in the circumstances described (s 7(4)). It does not preclude private arrangements between parties (s 7(5)). The guidelines therefore operate as a framework that influences spectrum‑planning by allocating responsibilities and expectations between spectrum licensees, apparatus licence holders and class‑licence operators across a set of specific services , point‑to‑point fixed links, mobile‑satellite service (MSS), earth stations and space services, TOB, public mobile telecommunications service (PTS) in regional areas, and class‑licensed devices (s 7(2), Parts 3-8).
Current sections
Direct links to the current provisions in Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2023.
20
1
Name
1 Name
These are the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2023.
2
Commencement
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3
Authority
3 Authority
This instrument is made under section 262 of the Act.
4
Repeal of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 2 GHz Band) 2016
4 Repeal of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016
The Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016 [F2016L01712] are repealed.
5
Definitions
5 Definitions
(1) In this instrument, unless the contrary intention appears:
2 GHz band means the 2 GHz lower band and the 2 GHz upper band.
2 GHz lower band means the frequency band 1920 MHz to 1980 MHz.
2 GHz spectrum licence means a spectrum licence that authorises the operation of radiocommunications devices in the 2 GHz band.
2 GHz upper band means the frequency band 2110 MHz to 2170 MHz.
Act means the Radiocommunications Act 1992.
Category 1 receiver: see paragraph 9(a).
Category 2 receiver: see paragraph 9(b).
fixed service means a radiocommunication service between fixed points.
HAPS means a station located on an object:
(a) at an altitude between 20 km and 50 km; and
(b) at a specified, nominal, fixed point relative to the earth.
Note: HAPS stands for high altitude platform station.
in-band means:
(a) for a radiocommunications device operated under a spectrum licence – the part of the spectrum within which the operation of radiocommunications devices is authorised under the licence; or
(b) for a radiocommunications device operated under an apparatus licence that specifies a frequency band– the frequencies within the lower frequency limit and the upper frequency limit specified in the licence; or
(c) for a radiocommunications device operated under an apparatus licence that specifies a specific frequency and bandwidth – the frequencies within that bandwidth, when centred on the specific frequency.
ITU-R Recommendation means a recommendation made by the Radiocommunication Sector of the International Telecommunication Union.
Note: ITU-R Recommendations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.
mobile service has the meaning given by the spectrum plan.
MSS means mobile-satellite service.
out-of-band, for a radiocommunications device, means a frequency other than an in-band frequency.
point to point fixed service means a radiocommunication service using point to point stations.
RALI FX 3 means the Radiocommunications Assignment and Licensing Instruction FX 3 Microwave fixed services frequency coordination, published by the ACMA.
Note: RALI FX 3 is available, free of charge, from the ACMA’s website at www.acma.gov.au.
RALI FX 21 means the Radiocommunications Assignment and Licensing Instruction FX 21 Television Outside Broadcasting Services in the bands 1980-2110 MHz and 2170-2300 MHz, published by the ACMA.
Note: RALI FX 21 is available, free of charge, from the ACMA’s website at www.acma.gov.au.
section 145 determination means the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2023.
Note: The section 145 determination is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
spectrum space means the 3 dimensional space consisting of a frequency band and a geographic area.
TOB service means radiocommunications made by the operation of a television outside broadcast station.
Note 1: TOB stands for television outside broadcast.
Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:
(2) In this instrument, unless the contrary intention appears, a term that is defined in the section 145 determination has the same meaning as in that determination.
(3) In this instrument, unless the contrary intention appears, each of the terms listed in subsection (4) has the meaning given by:
(a) the Radiocommunications (Interpretation) Determination 2015; or
(b) if another instrument replaces that determination and defines the term – the other instrument.
Note: The Radiocommunications (Interpretation) Determination 2015 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
(4) For the purposes of subsection (3), the terms are:
(a) earth station;
(b) mobile-satellite service;
(c) point to point station;
(d) PTS;
(e) public mobile telecommunications service;
(f) space station;
(g) station;
(h) television outside broadcast station.
(5) 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.
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.
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References to other instruments
6 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(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.
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.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Note 3: See section 314A of the Act.
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Background
7 Background
(1) The 2 GHz band has been allocated for spectrum licensing in capital cities, and parts of the 2 GHz band (1960 MHz to 1980 MHz, paired with 2150 MHz to 2170 MHz) have been allocated for spectrum licensing in regional areas. Apparatus licensed and class licensed radiocommunications transmitters communicate with radiocommunications receivers in and adjacent to the 2 GHz band. These receivers may suffer interference from unwanted emissions, blocking and intermodulation caused by a radiocommunications transmitter operated under a 2 GHz spectrum licence.
(2) This instrument has been made to provide guidance on the management of interference from radiocommunications transmitters operated under a 2 GHz spectrum licence to the following:
(a) point to point fixed services operating in and adjacent to the 2 GHz band (Part 3);
(b) MSS operating above 1980 MHz or above 2170 MHz, adjacent to the 2 GHz band (Part 4);
(c) radiocommunications to or from a space object authorised by apparatus licences in the 2025 MHz to 2120 MHz and 2200 MHz to 2300 MHz frequency bands (Part 5);
(d) TOB services authorised by apparatus licences in the 1980 MHz to 2110 MHz and 2170 MHz to 2300 MHz frequency bands (Part 6);
(e) mobile services provided by radiocommunications transmitters authorised under PTS apparatus licences operating in the 2 GHz band in regional and remote areas, or on board aircraft (Part 7);
(f) radiocommunications devices operating under a class licence in and adjacent to the 2 GHz band (Part 8).
(3) As radio waves propagate in different ways because of factors such as frequency, terrain, atmospheric conditions and topography, there are a number of ways to predict path loss. The ITU-R Recommendation P.1114 “Guide to the application of the propagation methods of Radiocommunication Study Group 3” provides a guide on the application of various propagation methods developed by the Radiocommunication Sector of the International Telecommunication Union. It advises on the most appropriate methods for particular applications, as well as the limits, required input information and output for each of these methods. The most recent version of propagation models developed by the Radiocommunication Sector of the International Telecommunication Union should be considered when modelling propagation in the 2 GHz band.
Note 1: ITU-R Recommendation P.1114 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
Note 2: The use of other published propagation models applicable to the 2 GHz band may also be suitable.
(4) The ACMA may take this instrument into account in determining whether a radiocommunications transmitter operated under a 2 GHz spectrum licence is causing interference to an apparatus licensed or class licensed radiocommunications receiver operating in circumstances set out in this instrument.
(5) This instrument does not prevent a person negotiating and implementing other protection requirements with other persons.
8
Background
8 Background
(1) Point to point fixed services in and adjacent to the 2 GHz band are generally licensed in accordance with the frequency assignment criteria set out in RALI FX 3. RALI FX 3 provides details about channel plans for individual microwave bands, and guidance on interference criteria and frequency coordination between microwave links to achieve certain performance objectives. It provides assignment criteria for each frequency band and specifies protection ratios. The criteria are usually based on accepted ITU-R Recommendations.
(2) RALI FX 3 is subject to continuing review in consultation with industry, to incorporate improved assignment techniques and changing technology requirements. Particular account is taken of changes in ITU-R Recommendations, and standards made by other bodies. As revisions seek to improve spectrum access opportunities, without causing undue detriment to existing licences, users of RALI FX 3 should consult the current version when planning systems, to increase spectrum productivity.
9
Point to point receiver categories
9 Point to point receiver categories
A radiocommunications receiver that is part of a fixed service operating in the 2 GHz band is:
(a) if the operation of the receiver is authorised by an apparatus licence first issued under section 100 of the Act before 12 October 2017 – a Category 1 receiver; or
(b) if the operation of the receiver is authorised by an apparatus licence first issued under section 100 of the Act on or after 12 October 2017, outside the spectrum space of a 2 GHz spectrum licence – a Category 2 receiver.
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Point to point receiver protection requirements
10 Point to point receiver protection requirements
(1) The protection requirements for fixed services in and adjacent to the 2 GHz band are specified in RALI FX 3. In planning for the operation of radiocommunications transmitters under a spectrum licence, spectrum licensees are to provide a level of in-band and out-of-band protection from those transmitters as would be provided for apparatus licensed radiocommunications transmitters used for fixed services, the frequencies of which are assigned in accordance with RALI FX 3.
(2) Category 1 receivers are to be provided with in-band and out-of-band protection from interference in accordance with RALI FX 3.
(3) Category 2 receivers:
(a) are to be provided with out-of-band protection, in accordance with RALI FX 3, from interference caused by a radiocommunications transmitter operated under a frequency adjacent 2 GHz spectrum licence, which was included in the Register after the apparatus licence that authorises operation of the receiver was first issued under section 100 of the Act; and
(b) are to accept levels of in-band emissions from a radiocommunications transmitter operated under a 2 GHz spectrum licence, if the transmitter is operated in accordance with the conditions of the 2 GHz spectrum licence and does not cause an unacceptable level of interference as defined in the section 145 determination.
11
Background
11 Background
The spectrum plan allocates the 1980 MHz to 2010 MHz (Earth-to-space) and the 2170 MHz to 2200 MHz (space-to-Earth) frequency bands for MSS as a primary service.
12
Protection requirements
12 Protection requirements
(1) The ACMA generally will not regard interference, from a radiocommunications transmitter operated under a 2 GHz spectrum licence, to MSS receivers to be unacceptable if the spectrum licensee complies with all relevant condition of the licence.
(2) For a HAPS radiocommunications transmitter operating as a base station, the requirements of recommends 4 of ITU-R Recommendation M.1456-0 “Minimum performance characteristics and operational conditions for high altitude platform stations providing IMT-2000 in the bands 1 885-1 980 MHz, 2 010-2 025 MHz and 2 110-2 170 MHz in Regions 1 and 3 and 1 885-1 980 MHz and 2 110-2 160 MHz in Region 2” apply.
Note: ITU-R Recommendation M.1456-0 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
13
Background
13 Background
(1) The spectrum plan allocates the 2025 MHz to 2110 MHz frequency band for the following services as primary services:
(a) space operation services (Earth-to-space, space-to-space);
(b) earth exploration-satellite services (Earth-to-space, space-to-space);
(c) space research services (Earth-to-space, space-to-space).
(2) The spectrum plan allocates the 2110 MHz to 2120 MHz frequency band for the space research service (deep space, Earth-to-space) as a primary service.
(3) The spectrum plan allocates the 2200 MHz to 2290 MHz frequency band for the following services as primary services:
(a) space operation services (space-to-Earth, space-to-space);
(b) earth exploration-satellite services (space-to-Earth, space-to-space);
(c) space research services (space-to-Earth, space-to-space).
(4) The spectrum plan allocates the 2290 MHz to 2300 MHz frequency band for the space research service (deep space, space-to-Earth) as a primary service.
(5) Earth stations in the 2200 MHz to 2290 MHz and 2290 MHz to 2300 MHz frequency bands operate in various locations throughout Australia, as recorded in the Register.
(6) The ACMA encourages direct liaison between spectrum licensees and space station operators during the system planning phases of new services when they are nearby each other.
Note: For more about primary services, see sections 6, 7 and 12 of the spectrum plan.
14
Protection requirements
14 Protection requirements
The protection requirements for earth station receivers operating in the 2200 MHz to 2300 MHz frequency band are set out in the following:
(a) ITU-R Recommendation SA.363-5 “Space operation systems”;
(b) ITU-R Recommendation SA.1154 “Provisions to protect the space research (SR), space operations (SO) and Earth exploration satellite services (EES) and to facilitate sharing with the mobile service in the 2 025-2 110 MHz and 2 200-2 290 MHz bands”;
(c) ITU-R Recommendation SA.1157-1 “Protection criteria for deep-space research”.
Note: The ITU-R Recommendations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
15
Background
15 Background
TOB services are generally licensed in accordance with the frequency assignment criteria set out in RALI FX 21. RALI FX 21 provides information on frequency coordination and licensing arrangements for TOB services in the 1980 MHz to 2110 MHz and 2170 MHz to 2300 MHz frequency bands. Under the Radiocommunications (Mobile-Satellite Service) (1980-2010 MHz and 2170-2200 MHz) Frequency Band Plan 2022, existing TOB services in certain circumstances are required to cease operation in the 1980 MHz to 2010 MHz and 2170 MHz to 2200 MHz frequency bands by 1 March 2026 in metropolitan areas and other designated areas, and by 1 March 2024 elsewhere.
16
Protection requirements
16 Protection requirements
(1) The protection requirements for TOB services operating in the 1980 MHz to 2110 MHz and 2170 MHz to 2300 MHz frequency bands are set out in RALI FX 21. These requirements apply to radiocommunications transmitters operated under 2 GHz band spectrum licences that are included in the Register after the apparatus licence that authorises operation of a TOB radiocommunications device was first issued under section 100 of the Act. Only TOB radiocommunications receivers with site details included in the Register are afforded protection.
(2) In planning for the operation of radiocommunications transmitters under a 2 GHz band spectrum licence, spectrum licensees should consult the procedures set out in RALI FX 21.
17
Background
17 Background
Public mobile telecommunications services operate under PTS transmitter licences in the 2 GHz band. These services are limited to regional and remote areas of Australia that are not covered by spectrum licences.
18
Protection requirements
18 Protection requirements
Radiocommunications transmitters operated under a 2 GHz band spectrum licence, in accordance with the conditions of the licence, are generally taken not to cause unacceptable interference to public mobile telecommunications services operated under PTS transmitter licences.
19
Background
19 Background
(1) Various class licences permit the operation of a number of different kinds of radiocommunications transmitters in and adjacent to the 2 GHz band.
(2) The operation of radiocommunications transmitters under class licences is generally on a ‘no-interference’ and ‘no-protection’ basis.
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Protection requirements
20 Protection requirements
Radiocommunications transmitters operated under a 2 GHz band spectrum licence, in accordance with the conditions of the licence, are generally taken not to cause unacceptable interference to radiocommunications transmitted under a class licence.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Name
1 Name
These are the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2023.
2 Commencement
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
3 Authority
This instrument is made under section 262 of the Act.
4 Repeal of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 2 GHz Band) 2016
4 Repeal of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016
The Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz Band) 2016 [F2016L01712] are repealed.
5 Definitions
5 Definitions
(1) In this instrument, unless the contrary intention appears:
2 GHz band means the 2 GHz lower band and the 2 GHz upper band.
2 GHz lower band means the frequency band 1920 MHz to 1980 MHz.
2 GHz spectrum licence means a spectrum licence that authorises the operation of radiocommunications devices in the 2 GHz band.
2 GHz upper band means the frequency band 2110 MHz to 2170 MHz.
Act means the Radiocommunications Act 1992.
Category 1 receiver: see paragraph 9(a).
Category 2 receiver: see paragraph 9(b).
fixed service means a radiocommunication service between fixed points.
HAPS means a station located on an object:
(a) at an altitude between 20 km and 50 km; and
(b) at a specified, nominal, fixed point relative to the earth.
Note: HAPS stands for high altitude platform station.
In short, the instrument tells spectrum licensees what protection levels they must plan to supply (generally, parity with apparatus‑licensed fixed services per RALI FX 3 (s 10(1))), defines how incumbency and Register timing affect protection entitlements (see Category 1/2 in s 9 and the Register‑timing rules in s 10(3)(a), s 16(1)), and signals that compliance with licence conditions is central to whether interference will be regarded as unacceptable for particular services (for example, MSS and PTS, s 12(1), s 18).
Main concepts
The instrument organises its guidance around a small set of recurring technical and administrative concepts. These concepts determine who must plan to avoid causing interference, who is given protection, and the technical references that planning should use.
Key definitional anchors:
2 GHz band, split into lower (1920-1980 MHz) and upper (2110-2170 MHz) bands, and the term 2 GHz spectrum licence (s 5).
in‑band and out‑of‑band are defined by the licence type and its specified frequency band, centre frequency and bandwidth (s 5).
spectrum space is defined as a frequency band together with a geographic area (s 5).
the instrument takes definitions for certain terms from the section 145 determination (which defines “unacceptable levels of interference”) and from other determinations such as the Radiocommunications (Interpretation) Determination 2015 (s 5(2)-(4)).
Receiver categorisation:
Category 1 receivers are apparatus‑licensed fixed receivers whose apparatus licence was first issued under s 100 of the Act before 12 October 2017 (s 9(a)).
Category 2 receivers are apparatus‑licensed fixed receivers whose apparatus licence was first issued on or after 12 October 2017, and that operate outside the spectrum space of a 2 GHz spectrum licence (s 9(b)).
The different categories carry different protection expectations (s 10).
Protection by reference instruments:
For fixed services in and adjacent to the 2 GHz band, spectral planning should achieve the same in‑band and out‑of‑band protection as would be provided for apparatus‑licensed fixed transmitters assigned according to RALI FX 3 (s 10(1)-(2); s 8 explains RALI FX 3’s role and review process).
TOB services’ protection criteria are in RALI FX 21 (s 16(1); s 15 provides background on licensing and relocation deadlines that affect TOB).
Space services and earth stations are protected by ITU‑R Recommendations SA.363‑5, SA.1154 and SA.1157‑1 (s 14), and the instrument encourages direct liaison between spectrum licensees and space station operators during planning (s 13(6)).
Liability and treatment of interference:
Where a spectrum licensee operates in accordance with licence conditions, ACMA “generally will not regard interference” to MSS receivers as unacceptable (s 12(1)).
Similarly, 2 GHz spectrum licence transmitters that comply with licence conditions are generally taken not to cause unacceptable interference to public mobile telecommunications services under PTS licences (s 18) and to class‑licensed radiocommunications (s 20).
For Category 2 receivers, spectrum licensees must provide out‑of‑band protection if the spectrum licence was included in the Register after the apparatus licence was first issued; but Category 2 receivers must accept in‑band emissions from compliant spectrum licence transmitters unless the emissions cause an “unacceptable level of interference” as defined in the section 145 determination (s 10(3)).
Technical modelling and references:
The instrument directs use of contemporary ITU‑R propagation models and specifically cites ITU‑R P.1114 as guidance on selecting propagation methods when modelling path loss (s 7(3)).
HAPS base stations must meet the requirements of recommendation 4 of ITU‑R M.1456‑0 (s 12(2)).
The instrument repeatedly references external technical instruments (RALI FX 3, FX 21, ITU‑R Recommendations) as the substantive technical criteria that spectrum licensees should use (s 5 notes and s 6 on references).
Administrative mechanisms:
The Register is repeatedly material: protection can depend on whether a spectrum licence entry appears in the Register after an apparatus licence was first issued (s 10(3)(a), s 16(1)), and TOB receivers must have site details included in the Register to be afforded protection (s 16(1)).
ACMA’s use of the instrument is discretionary and evidential: it “may take this instrument into account” when determining whether interference is being caused (s 7(4)).
These concepts operate together to allocate planning duties, set technical benchmarks, and create incentives for registration, liaison, and compliance with licence conditions, while leaving the ultimate statutory assessment of interference and enforcement to the Act and ACMA’s processes.
Who it affects
The instrument identifies and distinguishes a set of stakeholders whose rights, duties or planning responsibilities are altered in practice by the guidance.
Spectrum licensees in the 2 GHz band
Primary addressees of the guidance. They must plan their 2 GHz band transmitter operations to provide in‑band and out‑of‑band protection “as would be provided” to apparatus‑licensed fixed services assigned under RALI FX 3 (s 10(1)). They are told to consult RALI FX 3 and RALI FX 21 when designing systems (s 10(1), s 16(2)). Compliance with the conditions of a 2 GHz spectrum licence is repeatedly specified as a key factor in whether interference is regarded as unacceptable (s 12(1), s 18, s 20).
Apparatus licence holders (fixed services, TOB, earth stations, space services)
Holders of apparatus licences for point‑to‑point fixed services, TOB services, earth stations and other space services are specifically protected in the guidance. The instrument differentiates incumbent fixed‑service receivers into Category 1 (apparatus licence first issued before 12 October 2017) and Category 2 (issued on or after 12 October 2017 and outside spectrum space of a spectrum licence) with distinct protection consequences (s 9, s 10). Apparatus licence holders for TOB are only afforded protection where site details are included in the Register (s 16(1)). Earth stations in the 2200-2300 MHz band are referenced as listed in the Register (s 13(5)).
Class‑licence operators
Operators under class licences are generally on a “no‑protection” and “no‑interference” basis (s 19(2)). The instrument states that spectrum licence transmitters that comply with licence conditions are generally taken not to cause unacceptable interference to class‑licensed transmissions (s 20). This places operational risk on class licence users and sets an expectation that they cannot rely on protection from compliant spectrum licence operations.
MSS operators and HAPS operators
MSS is allocated primary spectrum in adjacent bands (s 11) and the instrument states that ACMA generally will not regard interference to MSS receivers as unacceptable if a spectrum licensee complies with licence conditions (s 12(1)). For HAPS base stations, ITU‑R M.1456‑0 recommendation 4 applies (s 12(2)), imposing specific technical requirements that HAPS operators must follow where relevant.
PTS transmitter licence holders (regional public mobile services)
The instrument notes that PTS licences cover public mobile telecommunications services in regional/remote areas where spectrum licences do not apply (s 17) and states that compliant 2 GHz spectrum licence transmitters are generally taken not to cause unacceptable interference to PTS operations (s 18).
ACMA and technical advisers
The guidelines are designed as an instrument ACMA may adopt in decision‑making about interference. ACMA is also the publisher and maintainer of the Register and of the RALI instruments referenced (s 5 notes; s 6 on references).
Other affected parties
Operators of radiocommunications devices under apparatus licences in the 2025-2120 MHz and 2200-2300 MHz bands (space/earth stations) (s 7(2)(c), s 13).
Television outside broadcast operators subject to transitional band clearance obligations under the Radiocommunications (Mobile‑Satellite Service) Frequency Band Plan 2022, which the instrument references in background (s 15).
Who pays and who decides
Spectrum licensees bear the immediate planning and engineering costs to achieve the protection levels described (s 10(1)). Apparatus licence and TOB holders may bear costs of registering site details in the Register to secure protection (s 16(1)). Class licence users bear the risk of being unprotected (s 19(2)). ACMA decides whether interference is unacceptable and will “take the instrument into account” when making that assessment (s 7(4)).
In short, the instrument reallocates planning burdens towards spectrum licensees (subject to Register sequencing and licence compliance), preserves some incumbent protections for earlier apparatus licences, and leaves class licence users and later apparatus‑licence entrants exposed unless they meet registration and other administrative steps.
Key duties and rights
This instrument sets out duties primarily through required planning levels and registration‑driven protection entitlements. It does not itself create offences; it defines expectations ACMA will take into account when exercising statutory functions under the Act (s 3, s 7(4)). The clearest duties and rights flow from the protection requirement rules and Register sequencing.
Duties on spectrum licensees
Plan to provide a level of in‑band and out‑of‑band protection equivalent to the protection provided for apparatus‑licensed fixed services assigned under RALI FX 3 (s 10(1)). This is a planning and design duty which requires spectrum licensees to use RALI FX 3 parameters and protection ratios when modelling and assigning frequencies for their transmitters (s 8(1)-(2), s 10(1)).
For operations potentially affecting MSS or PTS, operate in accordance with the conditions of the 2 GHz spectrum licence. Compliance with licence conditions is the stated determinant for whether interference is generally regarded as unacceptable (s 12(1), s 18).
For HAPS base stations operating as base stations, meet the requirements of recommendation 4 of ITU‑R M.1456‑0 (s 12(2)).
Duties on apparatus licence holders
For TOB receivers to be afforded protection, ensure site details are included in the Register. The instrument explicitly limits protection to TOB receivers with site details in the Register (s 16(1)).
Apparatus licence holders with fixed services have differing expectations depending on the date their apparatus licence was first issued. Category 1 receivers (first issued before 12 Oct 2017) must be provided with in‑band and out‑of‑band protection under RALI FX 3 (s 9(a), s 10(2)). Category 2 receivers have more limited rights (s 9(b), s 10(3)).
Rights recognised by the instrument
ACMA’s approach: ACMA may take these guidelines into account when assessing whether interference is being caused by a 2 GHz spectrum licence transmitter (s 7(4)). That is a rights‑setting mechanism: compliance with the guidance and with licence conditions is presented as a defence or buffer against ACMA treating interference as “unacceptable” in some contexts (s 12(1), s 18, s 20).
Incumbent protection rights are timing‑dependent. If an apparatus licence existed prior to the inclusion of a spectrum licence in the Register, that apparatus licence may attract protection from out‑of‑band interference from the later spectrum licence (s 10(3)(a), s 16(1)). Category 1 apparatus licences retain full in‑band and out‑of‑band protection (s 10(2)).
Treatment of Category 2 receivers
Category 2 receivers must accept levels of in‑band emissions from a spectrum licence transmitter that is operated in accordance with its licence and that does not cause an “unacceptable level of interference” as defined in the section 145 determination (s 10(3)(b)). This allocates the risk of in‑band emissions to Category 2 apparatus licence holders, subject to the separate threshold of “unacceptable”.
Class licence holders’ position
Class licence operations are generally on a “no‑interference” and “no‑protection” basis (s 19(2)). The instrument also states that compliant spectrum licence transmitters are generally taken not to cause unacceptable interference to class‑licensed services (s 20). The practical effect is that class licence holders have limited rights to regulatory protection from compliant spectrum licence operations.
Administrative rights‑triggers
The Register is a central administrative device that triggers rights. Whether a spectrum licence was included in the Register after an apparatus licence was first issued affects out‑of‑band protection obligations (s 10(3)(a)). TOB receiver protection only applies where site details are included in the Register (s 16(1)). The instrument therefore creates a concrete duty to register relevant site details to secure protection.
Other duties and rights , liaison and model choice
The instrument encourages direct liaison between spectrum licensees and space station operators in planning (s 13(6)). It also requires consideration of current ITU‑R propagation models (s 7(3)), which imposes a duty on planners to use contemporary modelling methods when predicting path loss and interference.
Overall, duties are largely engineering, planning and administrative (modelling to RALI/ITU‑R standards; register management; liaison) while rights are mostly timing and registration‑dependent protections that derive from apparatus licence vintage and Register sequencing. Compliance with spectrum licence conditions is repeatedly framed as determinative in whether interference will be regarded as unacceptable.
Penalties and enforcement
The instrument itself is an advisory legislative instrument made under s 262 of the Act (s 3) and does not create standalone criminal penalties or civil sanctions. It is framed as guidance that ACMA “may take into account” when determining whether a radiocommunications transmitter operated under a 2 GHz spectrum licence is causing interference to apparatus‑licensed or class‑licensed receivers (s 7(4)). Consequently, penalties and enforcement outcomes flow from the underlying Act and ACMA’s statutory powers, not directly from the content of the guidelines.
How the instrument interacts with enforcement decision‑making
ACMA’s use of the instrument is discretionary and evidential: the guidelines are intended to inform ACMA’s assessment of interference complaints and its exercise of enforcement powers under the Act (s 7(4)). In practice, this means demonstrating compliance with the guidance (for example, showing that planning and operation adhered to RALI FX 3, ITU‑R modelling and licence conditions) will be a primary defensive record when ACMA investigates or acts on interference reports.
The instrument repeatedly links the acceptability of interference to compliance with spectrum licence conditions. For MSS, ACMA “generally will not regard interference… to be unacceptable” if the spectrum licensee complies with relevant licence conditions (s 12(1)). Similar formulations appear for PTS and class‑licensed services (s 18, s 20). The logical enforcement implication is that ACMA is less likely to take adverse regulatory action against a spectrum licensee that can show it complied with its licence conditions and the technical guidance cited.
Where enforcement action could arise
The Act provides ACMA with a range of enforcement powers for contraventions and interference, including directions, notices, suspensions, variations to licences, and penalties. This instrument does not alter those statutory powers but provides the technical and administrative benchmarks against which licence compliance and the presence of “unacceptable” interference may be judged (s 3, s 7(4)). The instrument refers to the section 145 determination for the definition of “unacceptable level of interference” (s 5, multiple cross‑references), so enforcement action concerning “unacceptable interference” will turn on the thresholds contained in that determination and on the factual finding whether a spectrum licence transmitter was operating in accordance with licence conditions.
Administrative mechanisms likely relevant in investigations
Register inclusion timing is a determinative fact for protection entitlements (s 10(3)(a), s 16(1)). During enforcement inquiries, ACMA will consider Register records showing when spectrum licences and apparatus licences were entered, and whether site details were included for protected receivers.
Technical modelling, including whether a licensee used contemporaneous ITU‑R propagation models (s 7(3)) and referenced RALI FX 3/FX 21 where applicable (s 8(1), s 16(2)), will be relevant evidence in enforcement matters.
For HAPS and space/earth station interference questions, compliance with the identified ITU‑R Recommendations (M.1456‑0, SA.363‑5, SA.1154, SA.1157‑1) will be a focal point (s 12(2), s 14).
Practical enforcement risk allocations implied by the instrument
Spectrum licensees that operate in accordance with their licence conditions and with the RALI/ITU‑R references will be in a stronger position if ACMA investigates interference complaints (s 12(1), s 18, s 20). Conversely, apparatus licence or class licence holders who have not registered site details (TOB) or who rely on class licences have weaker enforcement prospects because the instrument limits protections and explicitly notes “no‑protection” for class licences (s 16(1), s 19(2)).
In sum, while the guidelines do not themselves impose penalties, they shape enforcement outcomes by signalling the technical and administrative standards ACMA will use when exercising its statutory powers under the Act. Parties should treat the guidance as material evidence to be referenced in any ACMA compliance or dispute process.
How it interacts with other laws
The instrument is embedded within the Radiocommunications Act 1992 framework and explicitly cross‑references other legislative instruments, technical standards and determinations. The interaction points determine which legal texts have normative primacy in particular contexts and how ACMA will coordinate competing rights.
Statutory basis and scope
The guidelines are made under s 262 of the Act (s 3), and thus are a legislative instrument subordinate to the Act. They do not change statutory entitlements in the Act but provide guidance on how ACMA will interpret and apply existing statutory provisions relating to interference and licensing (s 7(4)).
References and cross‑references
The instrument defers to the section 145 determination for the definition of “unacceptable level of interference” and treats terms defined in that determination as having the same meaning within the guidelines (s 5(2)). Enforcement questions about whether interference is “unacceptable” will therefore depend directly on the criteria in that separate legislative instrument.
Several technical instruments are incorporated by reference for practical protection standards , RALI FX 3 (microwave fixed services frequency coordination), RALI FX 21 (television outside broadcasting services), and ITU‑R Recommendations (P.1114, M.1456‑0, SA.363‑5, SA.1154, SA.1157‑1) (multiple sections). The instrument states that references to other legislative instruments are to be read as references to those instruments “as in force from time to time” (s 6), so changes to RALI instruments or ITU‑R Rec. updates will feed into expectations.
Effect on spectrum plan and frequency band plans
The instrument references the spectrum plan allocations for MSS, space services and other primary services (s 11, s 13). It also notes interaction with the Radiocommunications (Mobile‑Satellite Service) (1980-2010 MHz and 2170-2200 MHz) Frequency Band Plan 2022 in relation to TOB migration/cessation deadlines (s 15). Spectrum licensees and apparatus licence holders must therefore operate in a regulatory landscape where frequency allocation, band plan changes and transitional arrangements interact with the guidance.
Register and apparatus licence timing
Protection entitlements depend on Register sequencing and the date an apparatus licence was first issued under s 100 of the Act (s 9, s 10(3)(a), s 16(1)). That creates a direct link between instrument operation and the Register (maintained under the Act), and between the instrument and s 100 apparatus licence issuance procedures.
No displacement of private contract law
The instrument explicitly does not prevent private negotiation and implementation of other protection requirements between parties (s 7(5)). That preserves freedom of contract for parties to agree different protection or compensation arrangements outside the administrative framework.
Interaction with enforcement powers under the Act
The instrument is advisory: ACMA may take it into account when deciding whether a transmitter is causing unacceptable interference (s 7(4)). Any enforcement action, penalties, or variations will be taken under the Act and associated statutory instruments; the guidelines provide technical and administrative benchmarks for those decisions.
Dynamic interaction with non‑statutory instruments
RALI FX 3 is described as “subject to continuing review in consultation with industry” (s 8(2)). Because the guidelines direct spectrum licensees to use the current RALI instruments when planning, changes in those non‑statutory instruments will affect planning duties under the guidelines, and thus will loop back into ACMA’s assessment under the Act (s 10(1), s 8(2)). Section 6 confirms references to other legislative instruments should be read “as in force from time to time” which extends this dynamism to the statutory references.
In short, the instrument operates as an interpretive and technical bridge between the Act, the Register, apparatus and spectrum licences, non‑statutory RALI instruments, and ITU‑R technical standards. Its practical legal effect depends on how ACMA uses it in exercising statutory functions and on the content of the section 145 determination and RALI/ITU documents to which it points.
Amendment history
The instrument is compact and its amendment history, as recorded within the text, comprises a discrete set of actions and references.
Immediate change recorded
Repeal of the 2016 version. The instrument expressly repeals the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters - 2 GHz Band) 2016 [F2016L01712] (s 4). The effect is to replace the 2016 framework with the 2023 guidelines as the operative advisory document for ACMA’s management of interference from 2 GHz spectrum licence transmitters.
Commencement and registration
It commences at the start of the day after registration on the Federal Register of Legislation (s 2). The naming provision confirms it is the 2023 instrument (s 1).
Continuing references and change by reference
The instrument includes a standing mechanism to pick up changes in the instruments it references. Section 6 provides that references to any other legislative instrument are references to those instruments “as in force from time to time” (s 6). That means the guidelines effectively inherit updates to RALI FX 3, RALI FX 21, and any legislative instruments they reference, without requiring amendment of the guidelines itself.
Dependence on external determinations
Section 5(2) states that terms defined in the section 145 determination have the same meaning in this instrument. If the section 145 determination is amended, the meanings and thresholds relevant to the guidelines will change correspondingly without direct amendment to the guidelines.
No further amendments recorded within the text
The instrument does not include any schedules of prior amendments, transitional arrangements (other than cross‑references to external band plan deadlines in s 15), or sunset clauses. It is therefore presented as the authoritative guidance until repealed or superseded, or until the external instruments it relies upon are amended.
Practical implication for amendment risk
Because the instrument relies heavily on external instruments and on the Register, practical change in application is more likely to occur through updates to RALI FX 3/FX 21, the section 145 determination, or the spectrum plan, rather than via amendment to the guidelines themselves. Section 8(2) explicitly records that RALI FX 3 is subject to continuing review in consultation with industry, which is a structural pointer to where substantive technical change is likely to originate.
In summary, the instrument replaces the 2016 guidelines and is designed to be functionally dynamic through its express cross‑references to external instruments and the Register. There are no further amendments or historical entries within the text beyond the repeal of the 2016 instrument and the built‑in mechanisms to follow updates to referenced instruments.
Litigation history
The instrument itself does not record any litigation history. It is an advisory legislative instrument and the text does not cite or list cases or judicial decisions. The instrument contains no schedules or notes indicating judicial consideration, appeal decisions, or precedent relating to its operation.
What this absence means for practitioners
Because the instrument is guidance and ACMA will “take it into account” when assessing interference (s 7(4)), disputes about interference are likely to arise under the Act and its enforceable determinations and licences rather than under the instrument itself. Any litigation or administrative review would therefore be framed around the Act, compliance with licence conditions, the section 145 determination (which sets unacceptable interference thresholds) and how ACMA applied the guidance in its decision‑making, rather than on a direct statutory right or duty created by the guidelines.
If contested before a tribunal or court, relevant fact patterns will likely include: whether the spectrum licence holder complied with licence conditions, whether the spectrum licensee planned and operated in accordance with RALI FX 3/FX 21 or ITU‑R modelling guidance as recommended, timing of entries in the Register, and whether a particular level of interference meets the section 145 determination’s threshold of “unacceptable level of interference” (s 5(2), s 10, s 16, s 7(4)). Those are the legal hooks where litigation could arise, but the guideline text itself does not document any case law.
Advice for practitioners seeking precedential guidance
Because there is no litigation history recorded in the instrument, practitioners should examine decisions, determinations and published enforcement actions under the Radiocommunications Act and ACMA processes for precedential insight into how ACMA uses similar guidance. The instrument’s emphasis on RALI FX 3/FX 21 and ITU‑R standards means that technical evidence showing adherence to those standards will be central in any dispute where the guideline is invoked by ACMA or by parties in litigation.
In short, there is no litigation history in the instrument text. Any litigation or administrative review would arise from application of the Act, licence conditions, the section 145 determination and ACMA’s exercise of its powers, where the guidelines might be referenced as persuasive or evidentiary material.
Gotchas
This instrument contains a number of technical and administrative features that can produce practical surprises if overlooked. The following are concrete, source‑grounded “gotchas” for practitioners and operators.
Register timing shapes protection
Protection entitlements depend on whether a spectrum licence’s Register inclusion occurred after an apparatus licence was first issued (s 10(3)(a), s 16(1)). That means a spectrum licensee could be obliged to provide out‑of‑band protection to an apparatus licence holder if the spectrum licence appears in the Register later, and conversely a spectrum licence that predates an apparatus licence in the Register may not be required to provide the same protection. Practitioners must verify the exact Register entry timestamps; a party’s planning and risk allocation should not rely on assumptions about “incumbency” without checking the Register.
Category 2 receivers must accept in‑band emissions subject to the section 145 definition
Category 2 receivers are required to accept levels of in‑band emissions from spectrum licence transmitters operated in accordance with licence conditions, unless the emissions cross the “unacceptable level of interference” threshold in the section 145 determination (s 10(3)(b)). The crucial caveat is that the threshold is defined elsewhere; the instrument alone does not quantify what level is “unacceptable”. Practitioners must consult the section 145 determination to understand what in‑band emissions will be protected against.
TOB protection conditional on Register site details
The instrument only affords protection to TOB receivers with site details included in the Register (s 16(1)). Where a TOB operator has not registered site details, it may have no regulatory protection from later spectrum licence‑authorised transmitters. That creates an administrative trap: failing to include site details can defeat protection rights.
RALI FX instruments and ITU‑R recommendations are normative in practice
The guidelines repeatedly instruct spectrum licensees to apply RALI FX 3 and RALI FX 21 and to consider ITU‑R propagation models and recommendations (s 10(1), s 8(1)-(2), s 7(3), s 12(2), s 14). Because RALI FX 3 is under “continuing review” (s 8(2)) and section 6 equates references to instruments “as in force from time to time” (s 6), technical expectations can shift without amendment to the guidelines. Practitioners should not assume static technical parameters.
Class licences remain “no‑protection”
The instrument reiterates that class licence operations are generally on a “no‑interference” and “no‑protection” basis (s 19(2)), while also stating that compliant spectrum licence operations are “generally taken not to cause unacceptable interference” to class‑licensed transmissions (s 20). For class licence users, that means operational risk is high: they cannot expect ACMA regulatory protection against compliant spectrum licence activity.
“Generally will not regard” language leaves discretion
The instrument often uses formulations such as “generally will not regard interference… to be unacceptable” where a spectrum licence complies with licence conditions (s 12(1)). The use of “generally” creates discretion for ACMA; compliance with licence conditions does not absolutely immunise a spectrum licensee from ACMA action. Practitioners should not treat the phrase as a blanket safe harbour.
Dependence on the section 145 determination for “unacceptable level of interference”
The central operational metric “unacceptable level of interference” is defined in a separate legislative instrument (the section 145 determination), which the guidelines reference and import for defined terms (s 5(2)). The content of that determination is material , it changes the practical protection that Category 2 receivers must accept, what counts as unacceptable interference for MSS, etc. Do not plan solely on the text of these guidelines without reading the section 145 determination.
Interaction with transitional band plan deadlines for TOB
The instrument notes that existing TOB services in certain circumstances are required to cease operation in particular frequency ranges by specified dates under a separate frequency band plan (s 15). Practitioners must check the band plan for any migration or cessation obligations: the guidelines do not itself set migration dates but flag the interaction.
HAPS compliance to an ITU‑R recommendation
For HAPS used as base stations, recommendation 4 of ITU‑R M.1456‑0 applies (s 12(2)). That requirement is technical and specific; HAPS operators cannot rely on a general spectrum licence compliance statement , they must show adherence to that ITU‑R requirement.
No replacement for private agreements
Although the instrument does not preclude private negotiation of protection arrangements (s 7(5)), parties should not assume that contractual arrangements will substitute for Register‑based protection entitlements or for ACMA’s technical benchmarks where ACMA needs to exercise statutory functions.
In sum, the principal practical surprises are timing/registration dependencies, the importation of external technical thresholds (most importantly the section 145 determination), and the fact that compliance with licence conditions is a strong but not absolute determinant of protection from regulatory action. Checking the Register, the section 145 determination, the current RALI and ITU‑R documents, and maintaining technical records are necessary steps to avoid these pitfalls.
How to comply
Compliance under these guidelines is largely a matter of engineering design, record‑keeping, registration, liaison and demonstrating adherence to specified technical instruments and licence conditions. The following are concrete, source‑grounded steps for different stakeholders.
For spectrum licensees in the 2 GHz band
Adopt RALI FX 3 assignment and protection criteria as the baseline for planning point‑to‑point and microwave fixed services, and RALI FX 21 for TOB‑related planning where relevant (s 10(1), s 16(2), s 8(1)). Ensure the use of the current versions “as in force” (s 6, s 8(2)).
Model propagation and path loss using contemporary ITU‑R methods and specifically consult ITU‑R P.1114 for choosing propagation models and methods appropriate to site‑specific factors (s 7(3)).
For MSS, PTS and class licence interactions, ensure strict compliance with all conditions in the 2 GHz spectrum licence. The guidelines state ACMA “generally will not regard interference… to be unacceptable” if the licence conditions are met (s 12(1), s 18, s 20). Maintain contemporaneous operational records proving adherence to those conditions.
If operating HAPS as a base station, ensure compliance with recommendation 4 of ITU‑R M.1456‑0 and document the technical parameters required by that recommendation (s 12(2)).
For interactions with earth stations and space services, apply ITU‑R SA.363‑5, SA.1154 and SA.1157‑1 protection criteria when modelling and planning (s 14), and initiate direct liaison with space station operators during planning as encouraged (s 13(6)).
Check the Register and sequence of entries. If a spectrum licence is included in the Register after an apparatus licence, be prepared to provide out‑of‑band protection in accordance with RALI FX 3 (s 10(3)(a)). Retain timestamped Register extracts to evidence planning responsibilities.
Keep technical test reports, simulation outputs, and coordination records demonstrating that planning and operation meet RALI and ITU‑R benchmarks. These records will be the primary evidence ACMA will consider if interference complaints arise (s 7(4)).
For apparatus licence holders (fixed services, TOB, earth stations)
Verify the date your apparatus licence was first issued under s 100 of the Act to determine Category 1 or Category 2 status (s 9). Category 1 receivers are entitled to in‑band and out‑of‑band protection under RALI FX 3 (s 10(2)).
For Category 2 receivers, understand that you must accept in‑band emissions from compliant spectrum licence transmitters unless the emissions exceed the “unacceptable level of interference” threshold in the section 145 determination (s 10(3)(b)). Obtain and review the section 145 determination to know the applicable thresholds.
For TOB operators, ensure site details are included in the Register to be afforded protection (s 16(1)). Keep updated Register entries and proof of registration to support any interference claims.
For earth stations and space operation services, coordinate with spectrum licensees early in planning phases and ensure your site and technical parameters are accurately recorded in the Register (s 13(5)-(6), s 14).
For class licence operators
Be aware that class licences generally operate on a “no‑interference” and “no‑protection” basis (s 19(2)). Plan operations on the assumption that compliant spectrum licence operations will generally be taken not to cause unacceptable interference to class‑licensed transmissions (s 20).
Consider private coordination agreements with nearby spectrum licensees if protection is required; the instrument does not prevent contractual arrangements (s 7(5)). However, contractual protection does not change statutory enforcement outcomes under the Act.
Administrative compliance (all parties)
Use the Register as the authoritative record. Check the timing of entries and ensure site details are current and accurate (s 5 definitions; s 10(3)(a), s 16(1), s 13(5)).
Keep a paper or electronic trail that documents technical planning choices, the versions of RALI and ITU‑R documents used, modelling inputs and outputs, coordination correspondence, and operational compliance with licence conditions. These will be material in ACMA assessments (s 7(4), s 8(2), s 7(3)).
Monitor updates to RALI FX 3 and RALI FX 21 and to the section 145 determination, because the guidelines reference those instruments as “as in force from time to time” and imports their standards (s 6, s 5(2), s 8(2)).
Practical steps for dispute avoidance
Proactive liaison: the instrument encourages direct liaison between spectrum licensees and space station operators during system planning (s 13(6)). Extend that advice by initiating early coordination with any apparatus or class licence stakeholders likely to be affected.
Registration hygiene: ensure all qualifying receivers have accurate site details on the Register where protection is required (s 16(1), s 13(5)).
Engineering conservatism: where margins are tight, apply conservative protection ratios consistent with RALI FX 3 or documented ITU‑R guidance and record the rationale, including propagation models used (s 10(1), s 7(3)).
Contractual layering: where statutory protection is limited (class licences, Category 2 in‑band exposure), negotiate commercial protection or compensation arrangements as permitted (s 7(5)).
By following these steps , using current RALI and ITU‑R documents; modelling per ITU‑R P.1114; ensuring Register accuracy; documenting licence compliance; and engaging in early coordination , parties align with the instrument’s stated expectations and position themselves most strongly for ACMA’s discretionary consideration of interference issues under the Act (s 7(4), s 10(1), s 12(1)).
(a) for a radiocommunications device operated under a spectrum licence – the part of the spectrum within which the operation of radiocommunications devices is authorised under the licence; or
(b) for a radiocommunications device operated under an apparatus licence that specifies a frequency band– the frequencies within the lower frequency limit and the upper frequency limit specified in the licence; or
(c) for a radiocommunications device operated under an apparatus licence that specifies a specific frequency and bandwidth – the frequencies within that bandwidth, when centred on the specific frequency.
ITU-R Recommendation means a recommendation made by the Radiocommunication Sector of the International Telecommunication Union.
Note: ITU-R Recommendations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.
mobile service has the meaning given by the spectrum plan.
MSS means mobile-satellite service.
out-of-band, for a radiocommunications device, means a frequency other than an in-band frequency.
point to point fixed service means a radiocommunication service using point to point stations.
RALI FX 3 means the Radiocommunications Assignment and Licensing Instruction FX 3 Microwave fixed services frequency coordination, published by the ACMA.
Note: RALI FX 3 is available, free of charge, from the ACMA’s website at www.acma.gov.au.
RALI FX 21 means the Radiocommunications Assignment and Licensing Instruction FX 21 Television Outside Broadcasting Services in the bands 1980-2110 MHz and 2170-2300 MHz, published by the ACMA.
Note: RALI FX 21 is available, free of charge, from the ACMA’s website at www.acma.gov.au.
section 145 determination means the Radiocommunications (Unacceptable Levels of Interference – 2 GHz Band) Determination 2023.
Note: The section 145 determination is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
spectrum space means the 3 dimensional space consisting of a frequency band and a geographic area.
TOB service means radiocommunications made by the operation of a television outside broadcast station.
Note 1: TOB stands for television outside broadcast.
Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:
(2) In this instrument, unless the contrary intention appears, a term that is defined in the section 145 determination has the same meaning as in that determination.
(3) In this instrument, unless the contrary intention appears, each of the terms listed in subsection (4) has the meaning given by:
(a) the Radiocommunications (Interpretation) Determination 2015; or
(b) if another instrument replaces that determination and defines the term – the other instrument.
Note: The Radiocommunications (Interpretation) Determination 2015 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
(4) For the purposes of subsection (3), the terms are:
(a) earth station;
(b) mobile-satellite service;
(c) point to point station;
(d) PTS;
(e) public mobile telecommunications service;
(f) space station;
(g) station;
(h) television outside broadcast station.
(5) 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.
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.
6 References to other instruments
6 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(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.
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.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Note 3: See section 314A of the Act.
7 Background
7 Background
(1) The 2 GHz band has been allocated for spectrum licensing in capital cities, and parts of the 2 GHz band (1960 MHz to 1980 MHz, paired with 2150 MHz to 2170 MHz) have been allocated for spectrum licensing in regional areas. Apparatus licensed and class licensed radiocommunications transmitters communicate with radiocommunications receivers in and adjacent to the 2 GHz band. These receivers may suffer interference from unwanted emissions, blocking and intermodulation caused by a radiocommunications transmitter operated under a 2 GHz spectrum licence.
(2) This instrument has been made to provide guidance on the management of interference from radiocommunications transmitters operated under a 2 GHz spectrum licence to the following:
(a) point to point fixed services operating in and adjacent to the 2 GHz band (Part 3);
(b) MSS operating above 1980 MHz or above 2170 MHz, adjacent to the 2 GHz band (Part 4);
(c) radiocommunications to or from a space object authorised by apparatus licences in the 2025 MHz to 2120 MHz and 2200 MHz to 2300 MHz frequency bands (Part 5);
(d) TOB services authorised by apparatus licences in the 1980 MHz to 2110 MHz and 2170 MHz to 2300 MHz frequency bands (Part 6);
(e) mobile services provided by radiocommunications transmitters authorised under PTS apparatus licences operating in the 2 GHz band in regional and remote areas, or on board aircraft (Part 7);
(f) radiocommunications devices operating under a class licence in and adjacent to the 2 GHz band (Part 8).
(3) As radio waves propagate in different ways because of factors such as frequency, terrain, atmospheric conditions and topography, there are a number of ways to predict path loss. The ITU-R Recommendation P.1114 “Guide to the application of the propagation methods of Radiocommunication Study Group 3” provides a guide on the application of various propagation methods developed by the Radiocommunication Sector of the International Telecommunication Union. It advises on the most appropriate methods for particular applications, as well as the limits, required input information and output for each of these methods. The most recent version of propagation models developed by the Radiocommunication Sector of the International Telecommunication Union should be considered when modelling propagation in the 2 GHz band.
Note 1: ITU-R Recommendation P.1114 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
Note 2: The use of other published propagation models applicable to the 2 GHz band may also be suitable.
(4) The ACMA may take this instrument into account in determining whether a radiocommunications transmitter operated under a 2 GHz spectrum licence is causing interference to an apparatus licensed or class licensed radiocommunications receiver operating in circumstances set out in this instrument.
(5) This instrument does not prevent a person negotiating and implementing other protection requirements with other persons.
8 Background
8 Background
(1) Point to point fixed services in and adjacent to the 2 GHz band are generally licensed in accordance with the frequency assignment criteria set out in RALI FX 3. RALI FX 3 provides details about channel plans for individual microwave bands, and guidance on interference criteria and frequency coordination between microwave links to achieve certain performance objectives. It provides assignment criteria for each frequency band and specifies protection ratios. The criteria are usually based on accepted ITU-R Recommendations.
(2) RALI FX 3 is subject to continuing review in consultation with industry, to incorporate improved assignment techniques and changing technology requirements. Particular account is taken of changes in ITU-R Recommendations, and standards made by other bodies. As revisions seek to improve spectrum access opportunities, without causing undue detriment to existing licences, users of RALI FX 3 should consult the current version when planning systems, to increase spectrum productivity.
9 Point to point receiver categories
9 Point to point receiver categories
A radiocommunications receiver that is part of a fixed service operating in the 2 GHz band is:
(a) if the operation of the receiver is authorised by an apparatus licence first issued under section 100 of the Act before 12 October 2017 – a Category 1 receiver; or
(b) if the operation of the receiver is authorised by an apparatus licence first issued under section 100 of the Act on or after 12 October 2017, outside the spectrum space of a 2 GHz spectrum licence – a Category 2 receiver.
10 Point to point receiver protection requirements
10 Point to point receiver protection requirements
(1) The protection requirements for fixed services in and adjacent to the 2 GHz band are specified in RALI FX 3. In planning for the operation of radiocommunications transmitters under a spectrum licence, spectrum licensees are to provide a level of in-band and out-of-band protection from those transmitters as would be provided for apparatus licensed radiocommunications transmitters used for fixed services, the frequencies of which are assigned in accordance with RALI FX 3.
(2) Category 1 receivers are to be provided with in-band and out-of-band protection from interference in accordance with RALI FX 3.
(3) Category 2 receivers:
(a) are to be provided with out-of-band protection, in accordance with RALI FX 3, from interference caused by a radiocommunications transmitter operated under a frequency adjacent 2 GHz spectrum licence, which was included in the Register after the apparatus licence that authorises operation of the receiver was first issued under section 100 of the Act; and
(b) are to accept levels of in-band emissions from a radiocommunications transmitter operated under a 2 GHz spectrum licence, if the transmitter is operated in accordance with the conditions of the 2 GHz spectrum licence and does not cause an unacceptable level of interference as defined in the section 145 determination.
11 Background
11 Background
The spectrum plan allocates the 1980 MHz to 2010 MHz (Earth-to-space) and the 2170 MHz to 2200 MHz (space-to-Earth) frequency bands for MSS as a primary service.
12 Protection requirements
12 Protection requirements
(1) The ACMA generally will not regard interference, from a radiocommunications transmitter operated under a 2 GHz spectrum licence, to MSS receivers to be unacceptable if the spectrum licensee complies with all relevant condition of the licence.
(2) For a HAPS radiocommunications transmitter operating as a base station, the requirements of recommends 4 of ITU-R Recommendation M.1456-0 “Minimum performance characteristics and operational conditions for high altitude platform stations providing IMT-2000 in the bands 1 885-1 980 MHz, 2 010-2 025 MHz and 2 110-2 170 MHz in Regions 1 and 3 and 1 885-1 980 MHz and 2 110-2 160 MHz in Region 2” apply.
Note: ITU-R Recommendation M.1456-0 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
13 Background
13 Background
(1) The spectrum plan allocates the 2025 MHz to 2110 MHz frequency band for the following services as primary services:
(a) space operation services (Earth-to-space, space-to-space);
(b) earth exploration-satellite services (Earth-to-space, space-to-space);
(c) space research services (Earth-to-space, space-to-space).
(2) The spectrum plan allocates the 2110 MHz to 2120 MHz frequency band for the space research service (deep space, Earth-to-space) as a primary service.
(3) The spectrum plan allocates the 2200 MHz to 2290 MHz frequency band for the following services as primary services:
(a) space operation services (space-to-Earth, space-to-space);
(b) earth exploration-satellite services (space-to-Earth, space-to-space);
(c) space research services (space-to-Earth, space-to-space).
(4) The spectrum plan allocates the 2290 MHz to 2300 MHz frequency band for the space research service (deep space, space-to-Earth) as a primary service.
(5) Earth stations in the 2200 MHz to 2290 MHz and 2290 MHz to 2300 MHz frequency bands operate in various locations throughout Australia, as recorded in the Register.
(6) The ACMA encourages direct liaison between spectrum licensees and space station operators during the system planning phases of new services when they are nearby each other.
Note: For more about primary services, see sections 6, 7 and 12 of the spectrum plan.
14 Protection requirements
14 Protection requirements
The protection requirements for earth station receivers operating in the 2200 MHz to 2300 MHz frequency band are set out in the following:
(a) ITU-R Recommendation SA.363-5 “Space operation systems”;
(b) ITU-R Recommendation SA.1154 “Provis
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