This instrument sets precise technical definitions and measurement methods ACMA will use for spectrum licences, apparatus licences and advisory guidelines. It specifies datasets (DEM-3S), geodetic formulae (Vincenty), antenna‑height and location calculations, grouping rules for transmitters/receivers, and a 95% confidence requirement for parameter estimates (s6, Schedule 1). Spectrum licensees and authorised third parties must measure and record locations and heights to the stated tolerances; the ACMA supplies site identifiers and other administrative data.
This Determination establishes a technical interpretation framework for key radiocommunications terms and measurement procedures used by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992. It operates as a Dictionary and method handbook that applies to this Determination itself, to instruments made under subsection 145(4) of the Act, and to advisory guidelines made under subsection 262(1) of the Act (Schedule 1, cl 4(1)). The Determination commenced on 31 March 2024 (cl 2) and is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 (cl 3).
Mechanically, the instrument does the following things:
Provides definitions for a wide set of technical terms used in spectrum licensing, apparatus licensing and advisory guidelines (Schedule 1,Dictionary; see the list of defined expressions and the note that cross-references expressions already defined in the Act).
Prescribes how to determine emission designators (cl 2), explicitly directing that methods in the ITU Radio Regulations be used, and that references to “necessary bandwidth” in those Regulations are to be read as references to occupied bandwidth (cl 2(1)-(2)).
Sets the criteria for grouping of fixed transmitters and fixed receivers (cls 3 and 4), including identical centre frequency and emission designator, same antenna make/model, same ACMA antenna identification number, co-location on the same structure within 20 metres, and the rule that a transmitter or receiver cannot belong to more than one group (cls 3(1)-(2); 4(1)-(2)).
Defines the location of transmitters and receivers as the latitude/longitude of the antenna phase centre with reference to GDA94, and requires measurement error for the location to be less than 10 metres (cl 5(1)-(5)).
Current sections
Direct links to the current provisions in Radiocommunications (Interpretation – Technical Framework) Determination 2024.
6
1
Name
1 Name
This is the Radiocommunications (Interpretation – Technical Framework) Determination 2024.
2
Commencement
2 Commencement
This instrument commences on 31 March 2024.
3
Authority
3 Authority
This instrument is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.
4
Schedule 1—Dictionary
4 Schedule 1–Dictionary
(1) Subject to subsection (2), the Dictionary in Schedule 1 defines expressions used in the following instruments:
(a) this instrument;
(b) instruments made under subsection 145(4) of the Act;
(c) advisory guidelines made under subsection 262(1) of the Act.
(2) If an instrument specified in paragraph (1)(b) or (c) defines an expression in the Dictionary, or an expression substantially similar to an expression in the Dictionary, the Dictionary does not define the expression for the purposes of that instrument.
(3) In the Dictionary, expressions defined in the Act have the same meaning as in the Act.
Note: Expressions defined in the Act include:
(a) apparatus licence;
(b) class licence;
(c) frequency band;
(d) radiocommunications device;
(e) radiocommunications receiver;
(f) radiocommunications transmitter;
(g) radio emission;
(h) Register;
(i) spectrum licence;
(j) spectrum plan.
5
References to other instruments
5 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 existing 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 65 of the Australian Communications and Media Authority Act 2005.
6
Accuracy
6 Accuracy
Unless otherwise specified, the value of a parameter in Schedule 2 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.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Name
1 Name
This is the Radiocommunications (Interpretation – Technical Framework) Determination 2024.
2 Commencement
2 Commencement
This instrument commences on 31 March 2024.
3 Authority
3 Authority
This instrument is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.
4 Schedule 1—Dictionary
4 Schedule 1–Dictionary
(1) Subject to subsection (2), the Dictionary in Schedule 1 defines expressions used in the following instruments:
(a) this instrument;
(b) instruments made under subsection 145(4) of the Act;
(c) advisory guidelines made under subsection 262(1) of the Act.
(2) If an instrument specified in paragraph (1)(b) or (c) defines an expression in the Dictionary, or an expression substantially similar to an expression in the Dictionary, the Dictionary does not define the expression for the purposes of that instrument.
(3) In the Dictionary, expressions defined in the Act have the same meaning as in the Act.
Note: Expressions defined in the Act include:
(a) apparatus licence;
(b) class licence;
(c) frequency band;
(d) radiocommunications device;
(e) radiocommunications receiver;
(f) radiocommunications transmitter;
(g) radio emission;
(h) Register;
(i) spectrum licence;
(j) spectrum plan.
5 References to other instruments
5 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 existing 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 65 of the Australian Communications and Media Authority Act 2005.
6 Accuracy
6 Accuracy
Unless otherwise specified, the value of a parameter in Schedule 2 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.
Specifies how to calculate effective antenna height for fixed transmitters, using the DEM-3S digital elevation dataset, an average-ground-height calculation based on radials and increments, and Vincenty’s Direct Formulae to find sampling coordinates (Schedule 2 items 1-3).
Imposes accuracy rules on parameter estimation in Schedule 2, requiring a confidence level of at least 95 per cent that the true value will always remain below the requirement specified in the instrument (cl 6).
In short, the Determination is an interpretative, technical instrument: it prescribes definitions, measurement tolerances and deterministic algorithms (including which geodetic datum and digital elevation dataset to use) for actions that feed into licensing, Register entries and advisory materials produced under the Act. It does not itself specify spectrum licence terms, nor does it create penalties within its text; it operates by shaping how ACMA and regulated parties measure, report and identify aspects of radiocommunications apparatus and spectrum usage.
Main concepts
The Determination sets out a set of recurring technical and administrative concepts that the ACMA and industry must use consistently across specified instruments. Those concepts are central to practical compliance and to administrative determinations made under the Radiocommunications Act 1992.
Dictionary and scope: The Dictionary in Schedule 1 defines expressions for this Determination, instruments made under subsection 145(4) of the Act and advisory guidelines under subsection 262(1) of the Act (cl 4(1)). If an instrument specified in cl 4(1)(b) or (c) defines an expression itself, the Dictionary does not define that expression for the purposes of that instrument (cl 4(2)). In addition, any expression already defined in the Act retains the same meaning in the Dictionary (cl 4(3)). The Dictionary therefore functions as a default, backstopping technical meanings unless an implementing instrument provides its own definition.
Geodetic and data standards: Locations and coordinates must be given with reference to GDA94 (Dictionary entries for location and GDA94), and the Determination prescribes the use of the DEM-3S elevation dataset from Geoscience Australia for terrain heights (DEM-3S definition, with persistent identifier). The Australian Spectrum Map Grid and the HCIS (hierarchical cell identification scheme) are referenced for area descriptions.
Signal parameters and measurement philosophy: Several core measurement terms are defined precisely: centre frequency, occupied bandwidth (containing 99% of true mean power), true mean power, mean power (measured over a time interval at least ten times the period of the lowest modulation frequency), maximum true mean power and horizontally radiated power (sum of maximum true mean power in dBm per specified rectangular bandwidth at the antenna connector and the antenna gain in dBi in a specified horizontal direction). The Determination requires that emission designators be determined using the methods in the ITU Radio Regulations, with “necessary bandwidth” read as “occupied bandwidth” (cl 2).
Grouping and identity: The Determination provides rules for when fixed transmitters or receivers are treated as groups (cls 3-4). Group membership requires identical centre frequency and emission designator, common intended communication endpoints, identical antenna make/model, co-location within 20 metres of phase centres on the same structure, and identical ACMA antenna identification number. A transmitter or receiver cannot belong to more than one group (cls 3(2), 4(2)).
Effective antenna height algorithm: Schedule 2 gives a multi-step algorithm for calculating effective antenna height of fixed transmitters. The algorithm uses hgt (vertical height of the antenna phase centre above a defined point on the supporting structure), hs (hgt plus the DEM-3S cell height at the transmitter’s location), and an average ground height computed from DEM-3S cells around sample points defined by radials and increments. Vincenty’s Direct Formulae are mandated to compute geographic coordinates for sampling points (Schedule 2 items 1-3). There are specific numerical tolerances: hgt must be measured with error < 5 parts in 100 (i.e. <5%), and location sampling must use DEM-3S cells and 3×3 averaging; a special cell-selection rule applies when a sampling coordinate lies on a DEM-3S cell boundary (see Schedule 2 item 2(2)).
Accuracy and conservative bias: The instrument imposes an accuracy obligation: unless otherwise specified, any parameter in Schedule 2 must be estimated with a level of confidence not less than 95 per cent that the true value will always remain below the requirement specified in the instrument (cl 6). That wording instructs estimates to be made conservatively (ensuring with 95% confidence that true values do not exceed required limits).
Reference and continuity rules: References to other legislative instruments are to be read as references to those instruments as in force from time to time, and references to other kinds of instruments or writing are similarly to be read as existing from time to time (cl 5). The Determination also cross-refers to the Act (including s 144 Register requirements and s 32 frequency band plans), the Seas and Submerged Lands Act 1973 for territorial sea baselines, and the ITU Radio Regulations.
Taken together, these concepts create a technical standard-setting function: the Determination tells ACMA staff and regulated parties the exact datasets, geodetic parameters, formulae, tolerances and procedures to use when reporting locations, antenna heights and emission characteristics for the purposes of spectrum administration and advisory materials.
Who it affects
The Determination applies to a set of actors and instruments explicitly identified in the text. Primary parties affected are spectrum licensees and operators of radiocommunications devices, ACMA as regulator, and anyone preparing instruments or advisory guidelines under the referenced sections of the Radiocommunications Act.
Directly affected entities and roles:
Spectrum licensees and authorised third parties who operate radiocommunications transmitters and receivers under a spectrum licence or apparatus licence, because the Dictionary and measurement methods will be used in instruments made under subsection 145(4) of the Act and in advisory guidelines under subsection 262(1) (cl 4(1)).
Owners/operators of fixed transmitters and fixed receivers, because the Determination prescribes how to identify locations (antenna phase centres) and how to calculate effective antenna height for fixed transmitters (Schedule 2 items 1-3; cl 5 on location).
Entities that declare groups of transmitters or receivers for Register purposes, because the Determination sets out the criteria for group membership and prevents multiple group membership (cls 3(1)-(2); 4(1)-(2)).
Parties that must determine emission designators for transmitters, because the Determination requires use of the Radio Regulations and specifies that “necessary bandwidth” be read as occupied bandwidth (cl 2).
Technical consultants, RF engineers and measurement laboratories who will carry out measurements and modelling, because the Determination mandates specific datasets (DEM-3S), geodetic datum (GDA94), formulae (Vincenty) and confidence levels (cl 6).
ACMA staff who maintain the Register and issue site identifiers, because the Determination informs what information is to be included and how it is to be measured and represented (notes referencing s 144 and the ACMA’s issuance of site identifiers).
Indirectly affected parties:
Manufacturers of antennas and equipment where antenna identifiers and antenna data feed into group definitions and Register entries, because the Determination requires identical antenna type, model and manufacture and the same ACMA antenna ID for group membership (cls 3(1)(c),(e); 4(1)(b),(d)).
Users of spectrum planning data and mapping (for example, parties relying on the Australian Spectrum Map Grid and HCIS identifiers), since the Determination references these for area descriptions.
Operators whose systems might border spectrum licence geographic or frequency boundaries, because the instrument defines emission buffer zones in the Dictionary and defines in-band and out-of-band in operational terms, which will affect containment of radio emissions.
Decision-makers and authorities:
ACMA is identified as the maker of this instrument (cl 3) and is the authority that issues site identifiers and maintains the Register (notes and cl 5 references). The instrument also references the ITU Radio Regulations and Geoscience Australia datasets as sources to be used by regulated parties; ACMA is therefore delegating standardised data and formula usage by reference.
The Determination therefore affects technical practice across licence holders, technical consultants, equipment manufacturers and ACMA itself. The scope is purposive and technical rather than directly regulatory of behaviour; nevertheless, adherence will be required where Register entries, spectrum licence conditions or advisory guidelines adopt these definitions and methods (cl 4(1)).
Key duties and rights
The Determination imposes technical duties and creates entitlements to use defined methods and datasets; it does not itself create fee rights or new licence conditions, but it constrains how ACMA and regulated parties must measure and describe certain characteristics where the Determination is adopted into other instruments.
Key duties (express in the instrument):
Use the Dictionary definitions for instruments specified in cl 4(1), unless those instruments provide their own definitions (cl 4(1)-(2)). This is a duty on drafters of subsidiary instruments and on regulated parties when those instruments apply.
Determine emission designators by the methods in the ITU Radio Regulations and treat “necessary bandwidth” as “occupied bandwidth” (cl 2(1)-(2)). This binds technicians and registrants to a particular method for labelling emissions.
When treating transmitters or receivers as a group, satisfy the enumerated criteria: same centre frequency and emission designator, common communication counterpart, same antenna model/manufacturer and ACMA antenna identification, located on the same structure within 20 metres of phase centres (cls 3(1), 4(1)). There is also a negative duty: a radiocommunications transmitter or receiver must not belong to more than one group (cls 3(2), 4(2)).
Provide locations as GDA94 latitude/longitude of the antenna phase centre and ensure measurement error for location is less than 10 metres (cl 5(1)-(5)).
For effective antenna height measurements: measure hgt with an error less than 5 parts in 100; compute hs and then effective antenna height using the DEM-3S cell height and the average ground height computed by the specified radial-and-increment procedure; apply the special-case rules where the seconds component condition is met or where hs minus average ground height is less than hgt (Schedule 2 item 1(1)-(3)).
Use DEM-3S and the specific persistent identifier for that dataset when calculating effective antenna heights (DEM-3S definition).
Apply Vincenty’s Direct Formulae with the specified GRS80 constants and iterate until change in φ is less than 10^-12 in computing sampling coordinates (Schedule 2 item 3).
Accuracy duty:
Unless otherwise specified, estimate Schedule 2 parameters with a level of confidence not less than 95 per cent that the true value will always remain below the requirement specified in this instrument (cl 6). This creates an evidential standard for parameter estimation.
Rights and entitlements:
Instruments that adopt this Dictionary or follow its methods can rely on its definitions and prescribed algorithms as the official ACMA interpretation for the purposes listed in cl 4(1). That gives certainty to registrants and advisers about the official technical baseline to be used for Register entries, spectrum licensing instruments under s 145(4), and advisory guidelines under s 262(1).
Where a transmitter or receiver could belong to more than one group, the instrument allows the spectrum licensee or authorised third party to nominate one group membership (notes to cls 3 and 4). That provides an administrative right to select which group to declare.
What the Determination does not do:
It does not itself create criminal or civil penalties within its text. The Determination is an interpretative instrument authorised under the ACMA Act (cl 3). Enforcement consequences would arise only insofar as other instruments (spectrum licences, apparatus licences, the Act) adopt these definitions or require conformance with them; the Determination does not itself state penalties for non-compliance.
In practice, these duties require technical measurement procedures, record-keeping of dataset versions and site identifiers, and possible administrative steps to nominate group membership where ambiguous. The entitlements are primarily legal certainty for parties about the definitions and procedures ACMA expects where this Determination applies.
Penalties and enforcement
The Determination itself is an interpretative legislative instrument and does not on its face create offences or prescribe specific penalties. It is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 (cl 3) and supplies definitions and measurement methods to be used in instruments made under the Radiocommunications Act 1992 (cl 4(1)). Enforcement and penalties therefore arise from two mechanisms implicit in the text:
Adoption by operative instruments: The Dictionary and measurement methods apply to instruments made under subsection 145(4) of the Act and to advisory guidelines under subsection 262(1) (cl 4(1)). Where a spectrum licence, apparatus licence, spectrum plan, or other instrument adopts or references this Determination, compliance with its definitions and measurement methods will be a condition or expectation underpinning regulatory obligations in those operative instruments. Penalties and enforcement then follow from the relevant provisions of the Radiocommunications Act 1992, the particular licence conditions and any sanctions that Act confers for contraventions of licence conditions. The Determination itself does not specify those sanctions.
Administrative consequences via the Register and ACMA actions: The Determination standardises how information is recorded in the Register (note referencing s 144 and the ACMA’s issuance of site identifiers). Misreporting or failure to provide data in the required format may result in administrative action by ACMA under the Act or under licence conditions that require accurate Register entries. Again, any enforcement powers would come from the Act or the terms of a licence or instrument that incorporates this Determination.
Operational obligations that create enforcement risk if not met:
Measurement tolerances and accuracy requirements: The Determination requires that location measurements have an error less than 10 metres (cl 5(5)); that hgt be measured with error less than 5 parts in 100 (Schedule 2 item 1(1)(a)); and that Schedule 2 parameter estimates have 95 per cent confidence that the true value will remain below the instrument’s requirement (cl 6). Failure to meet these specified measurement requirements could be treated as non-compliance in contexts where a licence or Register entry requires adherence to the Determination.
Use of specified datasets and methods: The Determination mandates DEM-3S for terrain heights (DEM-3S definition with PID) and Vincenty’s Direct Formulae with specified constants and iteration tolerance for coordinate computations (Schedule 2 item 3). Use of alternative datasets or formulae where an instrument requires this Determination could trigger administrative challenge or refused acceptance of data in the Register.
What enforcement steps or penalties might occur is not listed in the Determination itself. Any penalty would therefore be those available under the Radiocommunications Act 1992, the ACMA Act, or specific licence instruments that incorporate or refer to this Determination. The Determination’s practical enforcement effect is to set the technical baseline ACMA will accept; divergence from that baseline where binding instruments require it will expose a licence-holder or registrant to whatever compliance and enforcement mechanisms the operative law provides.
How it interacts with other laws
The Determination is explicitly framed to operate in concert with other legislative instruments and underlying Acts. It is an interpretative instrument that supplies definitions and methods to be used in specified contexts under the Radiocommunications Act 1992 and ACMA’s functions under the ACMA Act 2005.
Key statutory interactions identified in the text:
Radiocommunications Act 1992: The Dictionary states that expressions defined in the Act have the same meaning in the Determination (cl 4(3)), and the Determination is intended to be used in instruments made under subsection 145(4) of that Act and in advisory guidelines made under subsection 262(1) (cl 4(1)). The Determination therefore operates as an interpretative aid for instruments, licences, and plans made under the Radiocommunications Act.
Australian Communications and Media Authority Act 2005: The Determination is made under subsection 64(1) of the ACMA Act (cl 3). ACMA’s authority to make such determinations flows from that Act. The Determination also references section 65 of the ACMA Act as a relevant cross-reference (cl 5 note 3).
Acts Interpretation Act 1901 and Legislation Act 2003: The Determination’s cl 5 notes refer users to section 10 of the Acts Interpretation Act 1901 for references to Commonwealth Acts and to subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments. This establishes interpretive continuity with general Commonwealth statute construction rules.
Seas and Submerged Lands Act 1973: The Determination references the “Australian territorial sea baseline” as the baseline from which territorial sea breadth is measured under section 7 of that Act (Dictionary). That reference is pertinent to geographic areas for spectrum licences that may extend over sea areas.
Spectrum plan and Radio Regulations: “Harmful interference” is given the meaning provided by the spectrum plan (Dictionary), and emission designators are to be determined using ITU Radio Regulations methods (cl 2). The instrument instructs that the Radio Regulations’ “necessary bandwidth” is to be read as “occupied bandwidth” (cl 2(2)). The Determination thus harmonises domestic administrative definitions with international regulatory definitions for technical parameters.
Register requirements: The Determination notes section 144 of the Act regarding the information that must be included in the Register about spectrum licences and radiocommunications devices and acknowledges that ACMA issues site identifiers (notes to cls 3-5). The Determination therefore feeds into statutory record-keeping duties.
How references are to be read:
The Determination says that references to other legislative instruments are to be read as those instruments “as in force from time to time”, and references to other kinds of instruments or writings are to be read as “in force or existing from time to time” (cl 5). This creates dynamic incorporation of later amendments to referenced instruments, meaning the Determination does not freeze the meaning of referenced instruments to their status on the commencement date.
Limits of interaction:
The Determination does not itself amend the Radiocommunications Act 1992, nor does it purport to override other instruments that define a term differently for a particular instrument (cl 4(2)). Where a specific instrument defines a term, that instrument’s definition prevails for its own purposes.
In short, the Determination functions as a technical annex to the Radiocommunications Act regulatory framework and to ACMA instruments, providing definitional and computational standards that integrate with the Act’s licensing, register and spectrum plan provisions. Its practical legal effect depends on whether and how other operative instruments incorporate it, and references are designed to pull in updated instruments and datasets over time.
Amendment history
The text supplied contains the instrument as made and the commencement date; it does not include prior versions, amendments or a legislative history beyond those particulars.
Concrete facts in the instrument about its creation and status:
The Determination is titled Radiocommunications (Interpretation - Technical Framework) Determination 2024 (cl 1).
It commenced on 31 March 2024 (cl 2).
It was made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 (cl 3).
No further amendments or repeal provisions are set out in the text provided. There is no schedule listing previous instruments that this instrument replaces, nor is there a history of earlier determinations included in the material presented. The Dictionary notes that certain expressions cross-reference definitions in the Radiocommunications Act 1992 (for example, apparatus licence, spectrum licence, spectrum plan), but the Determination does not indicate any prior Determination that it supersedes.
How to read this for amendment risk and practical upkeep:
The instrument’s cl 5 establishes that references to other legislative instruments are dynamic, read “as in force from time to time” (cl 5). That mechanism imports amendment risk from referenced instruments, for example the Radio Regulations, the spectrum plan, or class licences such as the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (LIPD class licence), which the Dictionary treats as current until replaced (LIPD definition).
The DEM-3S dataset is cited by a persistent identifier (PID) and a specific bibliographic citation. That PID gives a static anchor to the dataset version cited; but the Dictionary also notes that DEM-3S is available from Geoscience Australia and that further information about it is available online. If Geoscience Australia replaces DEM-3S with a new dataset, an amendment to the Determination or a replacement instrument may be required for ACMA to alter the mandated dataset. Until amended, market participants are obliged to use the specified DEM-3S citation.
Because the provided material contains only the instrument as made, the amendment history is limited to the instrument’s making date and the commencement date. Any subsequent amendments, revocations or replacement instruments are not included in the supplied text and therefore cannot be reported here.
Litigation history
The Determination text supplied contains no judicial decisions, litigation references or legal proceedings concerning this instrument. It contains notes mentioning statutory provisions (for example, section 144 of the Radiocommunications Act 1992) and references to international instruments (the ITU Radio Regulations), but there is no mention of any case law, disputes or judicial consideration.
What the absence of litigation references means for users:
There is no judicially-determined interpretation of the specific clauses, special-case rules (for example, the seconds component modulus rule for DEM-3S cell selection), or the application of the Determination to particular factual scenarios recorded in the instrument text supplied.
Where disputes arise about the meaning or application of these definitions and methods, resolution will depend on the text of the Determination itself, any instrument incorporating it, and judicial interpretation of those instruments under the Radiocommunications Act and related statutes. This Determination provides a technical baseline that a court would likely treat as an authoritative administrative specification, but there is no precedent in the provided material.
Practical implication:
Regulated parties should treat the Determination as operative technical guidance that informs compliance and Register entries. In the absence of litigation history, reasonable compliance planning should focus on implementing the methods and tolerances specified (for example, using DEM-3S, applying Vincenty formulae, achieving measurement error bounds, and documenting confidence intervals) to reduce the risk of dispute when ACMA validates Register entries or licence compliance.
Because the Determination is newly commenced (31 March 2024) per the text provided, litigation, if any, would post-date that commencement and is not documented in this instrument.
Gotchas
The Determination contains several technical specifics and special-case rules that create potential traps for practitioners who implement its prescriptions mechanically. These “gotchas” are concrete rules or requirements in the text that are easy to miss, and that affect the validity of measurements, groupings and Register entries.
Dictionary only a default: The Dictionary applies to this instrument, instruments under s 145(4) and advisory guidelines under s 262(1) (cl 4(1)). But if an instrument defines an expression itself, the Dictionary does not define it for that instrument (cl 4(2)). Practitioners must check the operative instrument for bespoke definitions rather than assuming the Dictionary always applies.
“Necessary bandwidth” redefined: The Determination instructs that, for emission designators determined via the Radio Regulations, references to “necessary bandwidth” should be read as references to “occupied bandwidth” (cl 2(2)). If an operator or consultant uses a Radio Regulations methodology that treats “necessary bandwidth” differently, they must instead apply the occupied bandwidth definition (99% of true mean power) defined in the Determination.
Group membership requires identical ACMA antenna ID: One of the grouping criteria is the “identification number assigned by the ACMA to the antenna used with each radiocommunications transmitter” being the same (cl 3(1)(e) and 4(1)(d)). Where a single physical antenna is used by multiple transmitters but ACMA-assigned antenna IDs differ (for example, due to separate Register entries), that could prevent group treatment. Conversely, identical IDs across spatially separated installations may implicate grouping, so practitioners must reconcile ACMA antenna IDs with physical topology.
Strict co-location tolerance: Group members must be on the same structure and within 20 metres of the phase centres of other antennas in the group (cl 3(1)(d); 4(1)(c)). Small errors in phase-centre coordinate measurement could alter whether devices qualify as a group. Coordinate measurement error must be less than 10 metres (cl 5(5)), so the tolerance window for group membership is relatively tight.
Measurement error thresholds and relative measurement error for hgt: The Determination sets an absolute tolerance for location measurement error (<10 metres) (cl 5(5)), and a relative tolerance for hgt measurement error of less than 5 parts in 100 (Schedule 2 item 1(1)(a)). Practitioners must implement measurement and calibration protocols capable of meeting both absolute and relative thresholds and document uncertainty.
DEM-3S cell handling and boundary rule: Average ground height is computed by identifying the DEM-3S cell of a sampling coordinate and averaging the 3×3 matrix of that cell and surrounding cells (Schedule 2 item 2(1) Steps 2-4). A special rule applies if the seconds component of the sampling coordinate, plus 1.5, has a modulus of zero when divided by 3; then, for Step 2, the corresponding DEM-3S cell is the adjacent DEM-3S cell with the minimum height (Schedule 2 item 2(2)). This unusual selection criterion means that points falling on certain grid boundaries must treat the cell differently, and failure to implement this exact rule will produce a different average ground height and therefore a different effective antenna height.
Seconds-component rule for hs too: A similar special rule applies when the seconds component of the transmitter’s latitude or longitude, plus 1.5, has a modulus of zero when divided by 3: hs is then computed using the maximum height of the adjacent DEM-3S cells rather than the DEM-3S cell at the location (Schedule 2 item 1(3)). That creates a discontinuity in hs computation for specific coordinate values.
Conservative confidence wording: Clause 6 requires parameters in Schedule 2 to be estimated with at least 95 per cent confidence that the true value will always remain below the requirement specified. The phrase “always remain below the requirement” implies a conservative bias in estimation. Practitioners must interpret this as requiring a statistically supportable upper-confidence bound (for example, one-sided 95% interval) and document the method used to reach that confidence level.
Vincenty iteration tolerance: The Determination mandates iterative calculations for Vincenty’s Direct Formulae until the change in φ is less than 10^-12 (Schedule 2 item 3(2)). Implementations using coarser tolerances or different geodetic constants may produce coordinate discrepancies. The instrument also specifies parameters a and fl (GRS80) and that b = a×(1-fl); these constants must be used to match ACMA’s intended coordinates.
Requirement to use GDA94: Locations must be given with reference to GDA94 (cl 5(1)-(4) and Dictionary). Modern GNSS receivers and mapping services default to later datums (for example, GDA2020 in Australia), so converting coordinates properly to GDA94 is necessary and can introduce small differences if not handled correctly.
Occupied bandwidth defined as 99% of true mean power: Occupied bandwidth is defined as the frequency range containing 99% of the true mean power of emissions. Measurement procedures for determining 99% containment require appropriate instrumentation and analysis (e.g. spectrum analysis with adequate integration and filter considerations). The Note in the definition reminds users that power measurement normally uses adjacent channel power meters or spectrum analysers and that estimation of accuracy should be in accordance with good engineering practice.
Group nomination when multiple possible groups: If a transmitter or receiver is capable of belonging to more than one group, the spectrum licensee or authorised third party may nominate one group (notes to cls 3 and 4). Practitioners should ensure nomination is documented and consistent with Register entries.
These items are specific, operational elements that require careful technical implementation. Small deviations from the letter of the Determination will change derived values such as effective antenna height, group membership status, and emission designator assignments.
How to comply
Complying with the Determination requires a programme combining data, measurement protocols, calculation software and record-keeping. The steps below translate the Determination’s prescriptions into actionable compliance tasks and points of attention.
Governance and instrument mapping
Identify where this Determination applies to your licences or obligations: check whether your spectrum licence, apparatus licence, spectrum plan, or advisory guidelines reference this Determination or the classes of instruments in cl 4(1). If an instrument defines its own terms superseding the Dictionary, document that divergence (cl 4(2)).
Where a transmitter or receiver could belong to multiple groups, plan to exercise the spectrum licensee’s right to nominate a single group and record the nomination in licence or Register documentation (notes to cls 3 and 4).
Data and datum handling
Use GDA94 for all latitude/longitude coordinate reporting (cl 5(1)-(4) and Dictionary). If your GNSS equipment uses another datum, convert coordinates to GDA94 using validated geodetic transformation methods and record the conversion method.
Acquire the DEM-3S dataset using the persistent identifier cited in the Determination and use the dataset version specified (DEM-3S definition). Keep a copy or a clear record of the version and PID used, so you can demonstrate consistency with the Determination.
Measurement equipment and uncertainty
Ensure measurement equipment and protocols can meet the specified error tolerances:
Location measurement error < 10 metres (cl 5(5)).
Antenna phase-centre vertical height (hgt) measured with error < 5 parts in 100 (Schedule 2 item 1(1)(a)).
Maintain calibration records for measurement tools (GNSS receivers, total stations, height-measurement devices, spectrum analysers).
For power and occupied bandwidth measurements, use adjacent channel power meters or spectrum analysers and document filter correction factors, bandwidth settings and time integration used in accordance with “good engineering practice” (Note in maximum true mean power and occupied bandwidth definitions).
Compute hgt as defined: vertical height in metres of the phase centre measured relative to the point on the supporting structure where it intersects the ground or sea surface that has the lowest elevation on that intersection line (Schedule 2 item 1(1)(a)(i)-(ii)). Document the reference point and the measurement protocol.
Compute hs = DEM-3S cell height at the transmitter location + hgt, subject to the special-case rule in item 1(3) if the seconds component of the latitude or longitude (plus 1.5) has a modulus of zero when divided by 3. In that special case, use hgt plus the maximum height of adjacent DEM-3S cells.
Compute average ground height for each m-increment on each n-radial using the Step 1-4 process in Schedule 2 item 2(1): use Vincenty’s Direct Formulae (Schedule 2 item 3) to determine coordinates for the sampling point; identify the DEM-3S cell containing the sampling point; build the 3×3 matrix of the cell and adjacent cells and average the nine DEM-3S cell height attributes.
Implement the boundary rule from Schedule 2 item 2(2): when the seconds component of a sampling coordinate plus 1.5 has modulus zero divided by 3, identify for Step 2 the adjacent DEM-3S cell with the minimum height and use its 3×3 matrix average.
Compute the effective antenna height he_m using hs minus the average ground height computed above, except if hs minus average is less than hgt, in which case he_m = hgt (Schedule 2 item 1(1)(d)-(e)).
For groups of transmitters, take hgt as the greatest hgt among members (Schedule 2 item 1(2)).
Vincenty formula implementation
Implement Vincenty’s Direct Formulae as set out in Schedule 2 item 3, using the specified parameters a = 6,378,137 m and flattening fl = 1/298.25722210 with b = a×(1-fl). Iterate the φ update until change is < 10^-12 (item 3(2)). Use four-quadrant inverse tangent (atan2) where specified.
Validate your implementation against test points and document iteration tolerances and convergence characteristics.
Emission designator and occupied bandwidth
Determine emission designators via the ITU Radio Regulations methodology, applying occupied bandwidth (99% containment of true mean power) where the Radio Regulations refer to necessary bandwidth (cl 2). Document the procedure used to compute the occupied bandwidth and the instrumentation settings that demonstrate 99% containment.
Group and Register management
Verify antenna type, model, manufacture and ACMA antenna identification numbers before declaring group membership (cls 3-4). Where multiple possible groups exist, make and document a nomination (notes).
Ensure Register entries use the antenna phase-centre coordinates (GDA94) and that error estimates and dataset versions are recorded. Keep ACMA site identifier records in the Register as ACMA issues them (note referencing s 144).
Statistical confidence and conservative estimation
For Schedule 2 parameter estimates, adopt a statistical approach that produces a one-sided 95% confidence interval guaranteeing that the true value will remain below the specified requirement, and document the statistical method used (cl 6). For example, if a parameter is subject to measurement and modelling uncertainty, compute an upper confidence bound that meets the 95% one-sided criterion and use that value for compliance comparators.
Keep records of uncertainty analyses, measurement repetition, and modelling assumptions to support the 95% confidence claim.
Documentation, audit trail and change control
Maintain an audit trail of all inputs: DEM-3S PID and version, date-stamped coordinate measurements (with equipment logs), Vincenty algorithm implementation parameters and iteration tolerance, spectrum analyser settings for occupied bandwidth, antenna identification numbers, and group nomination records.
When systems or datasets change (for example, if you upgrade GNSS equipment or adopt a new DEM dataset), record the change, date, and rationale and evaluate whether any Register entries or licence conditions must be updated in light of cl 5 which pulls in instruments “as in force from time to time”.
Practical checks and validation
Cross-check effective antenna height outputs against physical measurements and site surveys to ensure no gross errors (for example, check that he_m is not unintuitively small or large).
Where location coordinates lie close to the seconds-component grid that triggers the special-case rules, independently verify DEM-3S cell selection and document which adjacent cell was chosen under Schedule 2 item 2(2) or item 1(3).
By following these steps, regulated parties can demonstrate that they used the datasets, formulae and tolerances specified in the Determination and that parameter estimates meet the 95% confidence requirement. Proper documentation is crucial because the Determination’s effect in practice arises where other instruments rely on it, and ACMA will expect submissions and Register entries to conform to these prescriptive methods.
In each instrument for which this Dictionary defines expressions:
AAS (short for active antenna system) 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.
Act means the Radiocommunications Act 1992.
ARQZWA (short for Australian Radio Quiet Zone Western Australia) has the meaning given by the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023, or any instrument made under section 32 of the Act as a replacement of that plan.
Australian Spectrum Map Grid means the Australian Spectrum Map Grid 2012, published by the ACMA.
Note: The Australian Spectrum Map Grid is available, free of charge, from the ACMA’s website at www.acma.gov.au.
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.
average ground height: see item 2 of Schedule 2.
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.
DEM-3S means the dataset:
(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
(b) given the persistent identifier [http://pid.geoscience.gov.au/dataset/ga/69888](http://pid.geoscience.gov.au/dataset/ga/69888);
published by Geoscience Australia.
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.
DEM-3S cell means an individual height element of the DEM-3S.
effective antenna height: see item 1 of Schedule 2.
EIRP, in relation to a radiocommunications device, means the equivalent isotropically radiated power of the device.
emission buffer zone, in relation to a spectrum licence, means a zone along the frequency boundary or geographic boundary specified in a spectrum licence where radio emissions of radiocommunications transmitters are modified to ensure that significant levels of those radio emissions stay within the geographic areas and frequencies of the licence.
emission designator: see item 2.
fixed receiver means a radiocommunications receiver:
(a) located at a fixed point on land or sea; and
(b) not designed or intended for use while in motion.
fixed transmitter means a radiocommunications transmitter:
(a) located at a fixed point on land or sea; and
(b) not designed or intended for use while in motion.
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.
Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
geographic area, for a spectrum licence, means the area within which operation of a radiocommunications device is authorised under the licence.
group of radiocommunications receivers: see item 4.
group of radiocommunications transmitters: see item 3.
harmful interference has the meaning given by the spectrum plan.
HCIS means the cell grouping hierarchy scheme used to describe areas in the Australian Spectrum Map Grid.
Note: HCIS stands for hierarchical cell identification scheme.
HCIS identifier means an identifier used to describe an area in the HCIS.
horizontally radiated power, for a radiocommunications device, means the sum of:
(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
(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.
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.
LIPD class licence means:
(a) the Radiocommunications (Low Interference Potential Devices) Class Licence 2015; or
(b) if another instrument replaces that class licence – the other instrument.
location: see item 5.
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.
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.
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.
mobile device means a radiocommunications device that is used:
(a) while it is in motion on land, on water or in the air; or
(b) in a stationary position at unspecified points on land, on water or in the air.
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 radio emissions at any time.
out-of-band, for a radiocommunications device, means a frequency other than an in-band frequency.
Radio Regulations means the document titled ‘Radio Regulations’, published by the International Telecommunication Union.
Note 1: The Radio Regulations are not regulations made by the Governor-General under the Act.
Note 2: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
spectrum space means the three dimensional space consisting of a frequency band and a geographic area.
true mean power means:
(a) if an unmodulated carrier is present – the mean power measured while the unmodulated carrier is present; or
(b) if an unmodulated carrier is not present – the mean power measured while transmitted information is present.
unwanted signal means a radio emission from a radiocommunications transmitter that is not a wanted signal.
Vincenty’s Direct Formulae means the formulae set out in item 3 of Schedule 2.
wanted signal means a radio emission from a radiocommunications transmitter that is intended for reception by a radiocommunications receiver.
2 Emission designator
2 Emission designator
(1) The designation of a radiocommunications transmitter’s emission (emission designator) is determined using the methods specified in the Radio Regulations.
(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.
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.
3 Group of radiocommunications transmitters
3 Group of radiocommunications transmitters
(1) Subject to subitem (2), two or more fixed transmitters are a group of radiocommunications transmitters if:
(a) each transmitter has the same centre frequency and emission designator; and
(b) each transmitter is operated for the purpose of communicating with the same radiocommunications receiver or group of radiocommunications receivers; and
(c) each transmitter has an antenna of the same type, model and manufacture; and
(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
(e) the identification number assigned by the ACMA to the antenna used with each radiocommunications transmitter is the same.
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.
(2) A radiocommunications transmitter must not belong to more than one group of radiocommunications transmitters.
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.
4 Group of radiocommunications receivers
4 Group of radiocommunications receivers
(1) Subject to subitem (2), two or more fixed receivers are a group of radiocommunications receivers if:
(a) each receiver is operated for the purpose of communicating with the same radiocommunications transmitter or group of radiocommunications transmitters; and
(b) each receiver has an antenna of the same type, model and manufacture; and
(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
(d) the identification number assigned by the ACMA to the antenna used with each radiocommunications receiver is the same.
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.
(2) A radiocommunications receiver must not belong to more than one group of radiocommunications receivers.
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.
5 Location
5 Location
(1) The location of a radiocommunications transmitter (lt, Lt) is the location (by latitude and longitude with reference to GDA94) of the phase centre of the radiocommunications transmitter’s antenna.
(2) The location of a group of radiocommunications transmitters (lt, Lt) is the location (by latitude and longitude with reference to GDA94) of the centre point between the phase centre of each radiocommunications transmitter antenna within the group.
(3) The location of a radiocommunications receiver (lt, Lt) is the location (by latitude and longitude with reference to GDA94) of the phase centre of the radiocommunications receiver’s antenna.
(4) The location of a group of radiocommunications receivers (lt, Lt) is the location (by latitude and longitude with reference to GDA94) of the centre point between the phase centre of each radiocommunications receiver antenna within the group.
(5) In determining the location of a radiocommunications transmitter, a group of radiocommunications transmitters, a radiocommunications receiver, or a group of radiocommunications receivers, the measurement error must be less than 10 metres.
Note: The ACMA issues site identifiers for established radiocommunications locations available in the Register.
1 Effective antenna height of a fixed transmitter
1 Effective antenna height of a fixed transmitter
(1) If:
(a) subject to subitem (2), hgt is the vertical height in metres of the phase centre of a fixed transmitter’s antenna measured with an error of less than 5 parts in 100 and relative to the point:
(i) located on the line of intersection between the external surface of the structure supporting the antenna and the surface of the ground or sea; and
(ii) having the lowest elevation on that line; and
(b) subject to subitem (3), hs is the sum of:
This is an opening excerpt, not the complete document.