(1) The licensee of an area-wide licence must not operate a radiocommunications transmitter that is a base station if its unwanted emissions exceed the limits in subclauses (7), (8), (9) or (10).
(2) The licensee of an area-wide licence must not operate a radiocommunications transmitter that is an earth station if its unwanted emissions exceed the limits in subclause (11).
(3) Subclause (2) does not apply in relation to unwanted emissions in frequencies greater than 27.5 GHz caused by an earth station located outside the named areas in the Radiocommunications (Spectrum Re-allocation – 26 GHz Band) Declaration 2019, as in force on the day it commenced.
(4) The licensee of an area-wide licence must not operate a radiocommunications transmitter that is an earth station if it exceeds the requirements for unwanted emissions provided in Appendix 3 of the ITU Radio Regulations.
Note: The ITU Radio Regulations are available free of charge from the website of the International Telecommunication Union: www.itu.int.
(5) Subclause (4) does not apply in relation to:
(a) unwanted emissions in the frequency range 24.7 GHz–28.1 GHz caused by an earth station located inside any of the named areas in the Radiocommunications (Spectrum Re-allocation – 26 GHz Band) Declaration 2019, as in force on the day it commenced; and
(b) unwanted emissions in the frequency range 24.7 GHz–27.5 GHz caused by an earth station located outside the named areas in the Radiocommunications (Spectrum Re-allocation – 26 GHz Band) Declaration 2019, as in force on the day it commenced.
Note: The Radiocommunications (Spectrum Re-allocation – 26 GHz Band) Declaration 2019 is available, free of charge, from the Federal Register of Legislation: www.legislation.gov.au.
(6) The licensee of an area-wide licence must not operate a radiocommunications transmitter that is neither a base station nor an earth station if its unwanted emissions exceed the limits in subclauses (12), (13), (14) or (15).
Radiocommunications transmitters that are base stations – outside 23.6 GHz to 24 GHz
(7) The unwanted emission limit in Table 6, measured over the specified bandwidth, applies at frequencies:
(a) outside the upper or lower frequency limits set out in the licence;
(b) offset from the upper and lower frequency limits set out in the licence; and
(c) outside the frequency range 23.6 GHz–24 GHz;
where:
BWoccupied means the occupied bandwidth of the radiocommunications transmitter;
foffset means the frequency offset from the upper or lower frequency limit set out in the licence. The closest -3dB point of the specified bandwidth to the upper and lower frequency limits set out in the licence is placed at foffset.
Note: This subclause applies to base stations – see subclause (1).
Table 6: Base station unwanted emission limit – outside the frequency range 23.6 GHz to 24 GHz, with frequency offset less than or equal to 0.1 x BWoccupied
Column 1
Column 2
Column 3
Frequency range (foffset)
Total radiated power (dBm)
Specified bandwidth
0 MHz ≤ foffset ≤ 0.1 x BWoccupied
-5
1 MHz
(8) The unwanted emission limits in Table 7, measured over the specified bandwidth for the relevant frequency range, apply at frequencies:
(a) greater than 0.1 x BWoccupied from the upper or lower frequency limits set out in the licence;
(b) outside the frequency range 23.6 GHz–24 GHz;
where BWoccupied means the occupied bandwidth of the radiocommunications transmitter.
Note: This subclause applies to base stations – see subclause (1).
Table 7: Base station unwanted emission limits – outside the frequency range 23.6 GHz to 24 GHz, with frequency offset greater than 0.1 x BWoccupied
Column 1
Column 2
Column 3
Frequency range (f)
Total radiated power (dBm)
Specified bandwidth
30 MHz ≤ f < 1 GHz
-13
100 kHz
1 GHz ≤ f ≤ 59 GHz
-13
1 MHz
Radiocommunications transmitters that are base stations – inside 23.6 GHz to 24 GHz
(9) The unwanted emission limits in Table 8, measured over the specified bandwidth, apply at frequencies within the frequency range 23.6 GHz–24 GHz for radiocommunications transmitters first operated under an area-wide licence before 1 September 2027.
Note: This subclause applies to base stations – see subclause (1).
Table 8: Base station unwanted emission limits – in the frequency range 23.6 GHz to 24 GHz, first operated before 1 September 2027
Column 1
Column 2
Column 3
Transmitter operating frequency range (f)
Total radiated power (dBm)
Specified bandwidth
24.7 GHz ≤ f < 27.5 GHz
-3
200 MHz
27.5 GHz ≤ f ≤ 29.5 GHz
-13
1 MHz
(10) The unwanted emission limits in Table 9, measured over the specified bandwidth, apply at frequencies within the frequency range 23.6 GHz–24 GHz for radiocommunications transmitters first operated under an area-wide licence on or after 1 September 2027.
Note: This subclause applies to base stations – see subclause (1).
Table 9: Base station unwanted emission limits – in the frequency range 23.6 GHz to 24 GHz, first operated on or after 1 September 2027
Column 1
Column 2
Column 3
Transmitter operating frequency range (f)
Total radiated power (dBm)
Specified bandwidth
24.7 GHz ≤ f < 27.5 GHz
-9
200 MHz
27.5 GHz ≤ f ≤ 29.5 GHz
-13
1 MHz
Radiocommunications transmitters that are earth stations
(11) The unwanted emission limit in Table 10, measured over the specified bandwidth, applies at frequencies:
(a) outside the upper or lower frequency limits set out in the licence;
(b) offset from the upper and lower frequency limits set out in the licence; and
(c) inside the frequency range 24.7 GHz–28.1 GHz;
where:
BWoccupied means the occupied bandwidth of the radiocommunications transmitter;
foffset means the frequency offset from the upper or lower frequency limit set out in the licence. The closest -3dB point of the specified bandwidth to the upper and lower frequency limits set out in the licence is placed at foffset.
Note: This subclause applies to some earth stations – see subclauses (2) and (3).
Table 10: Earth station unwanted emission limit – inside the frequency range 24.7 GHz to 28.1 GHz
Column 1
Column 2
Column 3
Frequency range (foffset)
Radiated maximum true mean power in the horizontal plane (dBm EIRP)
Specified bandwidth
0 MHz ≤ foffset ≤ 0.1 x BWoccupied
18
1 MHz
foffset > 0.1 x BWoccupied
10
1 MHz
Radiocommunications transmitters that are not base stations or earth stations
(12) The unwanted emission limit in Table 11, measured over the specified bandwidth, applies at frequencies:
(a) outside the upper or lower frequency limits set out in the licence; and
(b) offset from the upper and lower frequency limits set out in the licence;
where foffset means the frequency offset from the upper or lower frequency limit set out in the licence. The closest -3dB point of the specified bandwidth to the upper and lower frequency limits set out in the licence is placed at foffset.
Note: This subclause does not apply to base stations or earth stations – see subclause (6).
Table 11: Unwanted emission limit for radiocommunications transmitters that are not base stations or earth stations – frequencies less than or equal to an offset of 40 MHz from the upper or lower frequency limits for the licence
Column 1
Column 2
Column 3
Frequency range (foffset)
Total radiated power (dBm)
Specified bandwidth
0 MHz ≤ foffset ≤ 40 MHz
-5
1 MHz
(13) The unwanted emission limits in Table 12, measured over the specified bandwidth for the relevant frequency range, apply at frequencies:
(a) greater than 40 MHz offset from the upper or lower frequency limits set out in the licence;
(b) outside the frequency range 23.6 GHz–24 GHz.
Note: This subclause does not apply to base stations or earth stations – see subclause (6).
Table 12: Unwanted emission limits for radiocommunications transmitters that are not base stations or earth stations – frequencies greater than an offset of 40 MHz from the upper or lower frequency limits for the licence, outside the frequency range 23.6 GHz to 24 GHz
Column 1
Column 2
Column 3
Frequency range (f)
Total radiated power (dBm)
Specified bandwidth
30 MHz ≤ f < 1 GHz
-36
100 kHz
1 GHz ≤ f < 12.75 GHz
-30
1 MHz
12.75 GHz ≤ f < 23.6 GHz
-13
1 MHz
24 GHz ≤ f ≤ 59 GHz
-13
1 MHz
(14) The unwanted emission limits in Table 13, measured over the specified bandwidth, apply at frequencies within the frequency range 23.6 GHz–24 GHz for radiocommunications transmitters first operated under an area-wide licence before 1 September 2027.
Note: This subclause does not apply to base stations or earth stations – see subclause (6).
Table 13: Unwanted emission limits for radiocommunications transmitters that are not base stations and not earth stations – in the frequency range 23.6 GHz to 24 GHz, first operated before 1 September 2027
Column 1
Column 2
Column 3
Transmitter operating frequency range (f)
Total radiated power (dBm)
Specified bandwidth
24.7 GHz ≤ f < 27.5 GHz
1
200 MHz
27.5 GHz ≤ f ≤ 29.5 GHz
-13
1 MHz
(15) The unwanted emission limits in Table 14, measured over the specified bandwidth, apply at frequencies within the frequency range 23.6 GHz–24 GHz for radiocommunications transmitters first operated under an area-wide licence on or after 1 September 2027.
Note: This subclause does not apply to base stations or earth stations – see subclause (6).
Table 14: Unwanted emission limits for radiocommunications transmitters that are not base stations and not earth stations– in the frequency range 23.6 GHz to 24 GHz, first operated on or after 1 September 2027
Column 1
Column 2
Column 3
Transmitter operating frequency range (f)
Total radiated power (dBm)
Specified bandwidth
24.7 GHz ≤ f < 27.5 GHz
-5
200 MHz
27.5 GHz ≤ f ≤ 29.5 GHz
-13
1 MHz
16 Permission – RALI MS 46
Permission to operate transmitter otherwise than in accordance with RALI MS 46
(1) If:
(a) a licensee is given permission under this clause in relation to the operation of a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46; and
(b) the requirement of RALI MS 46 relates to a matter specified in clause 5; and
(c) operation of the transmitter would, but for the effect of this clause, contravene the condition in clause 5; and
(d) the ACMA has not revoked the permission;
the licensee does not contravene the condition in clause 5 if they operate the transmitter in accordance with the permission.
Application for permission
(2) A licensee may apply, in writing, to the ACMA for permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5.
(3) An application under subclause (2) must be:
(a) in a form approved by the ACMA (if any); and
(b) made in a manner approved by the ACMA (if any); and
(c) accompanied by the charged determined by the ACMA (if any) under section 60 of the Australian Communications and Media Authority Act 2005.
(4) The ACMA may approve one or more forms for the purposes of paragraph (3)(a).
(5) The ACMA may approve one or more manners of applying, for the purposes of paragraph (3)(b).
Decision whether to give permission
(6) If a licensee makes an application under subclause (2), the ACMA must decide whether to give permission within 30 days after the application is made, or such longer period as agreed between the ACMA and the licensee.
(7) Before deciding whether to give permission, the ACMA may have regard to the following matters:
(a) the potential for the radiocommunications transmitter to cause interference to radiocommunications involving existing or future radiocommunications services;
(b) the efficient management of the frequency range 24.7 GHz–27 GHz;
(c) any other matter the ACMA considers relevant.
(8) The ACMA may:
(a) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5; or
(b) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5, subject to a condition specified in the permission; or
(c) refuse permission.
Note: See subsection 110A(5) of the Act.
(9) The ACMA may specify, in the permission, a requirement of RALI MS 46 that relates to a matter specified in clause 5, that is different to a requirement specified in the licensee’s application.
(10) The ACMA must, within 14 days after the decision under subclause (8) is made, give the licensee a written notice of:
(a) the decision; and
(b) if the decision is to refuse permission, or to give permission subject to a condition:
(i) the reasons for the decision; and
(ii) the licensee’s right to request a reconsideration of the decision under subclause (11).
Reconsideration of refusal
(11) A licensee may apply, in writing, for the ACMA to reconsider a decision to refuse permission, or to give permission subject to a condition, under subclause (8) (original decision).
(12) An application under subclause (11) must:
(a) be made in writing; and
(b) set out the reasons for the application; and
(c) be given to the ACMA within 30 days after the licensee is notified of the original decision.
(13) The ACMA must, within 30 days after the application under subclause (11) is received, reconsider the original decision and either:
(a) affirm the original decision; or
(b) if the original decision was to refuse permission – revoke the original decision, and either:
(i) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5; or
(ii) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5, subject to a condition specified in the permission; or
(c) if the original decision was to give permission subject to a condition – revoke the original decision, and either:
(i) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5; or
(ii) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5, subject to a condition specified in the permission that is different to the condition in the original decision; or
(iii) refuse permission.
(14) The ACMA must, within 14 days after the decision under subclause (13) is made, give the licensee a written notice of:
(a) the decision; and
(b) if the decision is to affirm the original decision, or to revoke the original decision and either refuse permission or give permission subject to a condition:
(i) the reasons for that decision; and
(ii) the licensee’s right to have that decision reviewed under subclause (15).
Review
(15) If a decision under subclause (14) is specified in paragraph (14)(b), the licensee may apply to the AAT for review of that decision.