33Condition — harmful interference

33 Condition – harmful interference

(1) A person must not operate a re-transmission service station on a frequency in the broadcasting services bands if operation of the station causes harmful interference to a broadcasting service within: (a) if the service is a commercial broadcasting service or community broadcasting service – the licence area of the broadcasting services bands licence that authorises provision of the service; or (b) if the service is a national broadcasting service – the service area for the national broadcast service station used to provide the service; or (c) if the service is an open narrowcasting service (other than a low power open narrowcasting service) – the service area for the radiocommunications transmitter that is used to provide the service. (2) A person must not operate a re-transmission service station on a frequency outside the broadcasting services bands if operation of the station causes harmful interference to radiocommunications of another radiocommunications transmitter: (a) operation of which was first authorised by a spectrum licence, apparatus licence or class licence issued before the person first operated the station; and (b) first operated before the person first operated the station.