Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 10 Conditions — fixed licence (poin Part 10 Conditions — fixed licence (point to multipoint system)
Part 10 Conditions – fixed licence (point to multipoint system)
32 Application of Part 10
(1) Subject to subsection (2), every fixed licence (point to multipoint system) that authorises the operation of a radiocommunications transmitter in one of the following frequency bands:
(a) 3400 MHz to 3475 MHz;
(b) 3950 MHz to 4000 MHz;
is subject to the conditions in this Part.
(2) If:
(a) a condition is specified in a licence mentioned in subsection (1) under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and
(b) that condition is inconsistent with a condition specified in this Part;
then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.
Note: Except as set out in this Part, the ACMA generally will not afford protection from harmful interference to a radiocommunications receiver that is part of a station operated under a fixed licence (point to multipoint system) in the 3400 MHz to 3475 MHz frequency band, or the 3950 MHz to 4000 MHz frequency band, where the interference was caused by a radiocommunications device operated under another fixed licence (point to multipoint system).
33 Condition – location of use
(1) A person must not operate a radiocommunications transmitter under a fixed licence (point to multipoint system) (the relevant licence) otherwise than at a location that is both:
(a) within 100 metres of the site specified for the transmitter in the relevant licence; and
(b) on controlled premises in relation to the licensee of the relevant licence.
Note 1: The site may be specified in the licence by latitude and longitude, or by another means.
Note 2: A licensee is not obliged to operate a radiocommunications transmitter at the specified site, but may operate radiocommunications transmitters within 100 metres of the specified site, on controlled premises.
(2) In this section, controlled premises, in relation to the licensee of the relevant licence, means premises that are owned by or under the control of:
(a) the licensee; or
(b) a person authorised by the licensee under section 114 of the Act to operate radiocommunications transmitters under the licence (authorised person); or
(c) a person who has an agreement or arrangement with the licensee or an authorised person for the provision of radiocommunications services at the premises.
Note: This section means that any radiocommunications transmitter operated under a fixed licence (point to multipoint system), including a remote mobile station, must only be operated on the controlled premises, and within 100 metres of the specified site.
Note: Example: A fixed licence (point to multipoint system) specifies a site by its latitude and longitude. The site is located at an industrial plant owned by the licensee. A radiocommunications transmitter may only be operated under the licence on the parts of the industrial plant that are within 100 metres of the site.
34 Condition – purpose of use
A person must not operate a radiocommunications transmitter in a point to multipoint system otherwise than to communicate with a station in that system.
35 Condition – in-band emission limits
A person must not operate a radiocommunications transmitter on a frequency specified in a fixed licence (point to multipoint system) with a power greater than 17 dBm per 1 MHz EIRP.
36 Conditions – unwanted emissions
Remote mobile stations
(1) A person must not operate a remote mobile station if the unwanted emissions of the station exceed the limits specified in section 6.5.2.2 of Technical Specification 38.101-1, NR; User Equipment (UE) radio transmission and reception; Part 2: Range 2 Standalone, published by 3GPP.
Note: Technical Specification 38.101-1 is available, free of charge, from the 3rd Generation Partnership Project website at www.3gpp.org.
Other stations
(2) A person must not operate a radiocommunications transmitter, other than a remote mobile station, if the unwanted emissions of the transmitter either:
(a) exceed the limits specified in section 6.5.2.2 of Technical Specification 38.101-1, NR; User Equipment (UE) radio transmission and reception; Part 2: Range 2 Standalone, published by 3GPP; or
(b) exceed the limits in subclauses (3) to (7).
Note: Technical Specification 38.101-1 is available, free of charge, from the 3rd Generation Partnership Project website at www.3gpp.org.
Unwanted emissions limits in 3260 MHz to 4240 MHz – non-AAS transmitters
(3) For a radiocommunications transmitter without AAS, the unwanted emission limits in Table 3, measured over the specified bandwidth, apply at frequencies:
(a) outside the upper or lower frequency limits set out in the licence that authorises the operation of the transmitter; and
(b) offset from the upper and lower frequency limits set out in that licence; and
(c) in the 3260 MHz to 4240 MHz frequency band;
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 closest to the upper and lower frequency limits set out in the licence is placed at foffset.
Table 3
| Item | Column 1 | Column 2 | Column 3 |
|---|
| frequency offset (foffset) | Mean power (dBm) per radiocommunications transmitter | Specified bandwidth |
| 1 | 0 MHz ≤ foffset < 5 MHz | –22 – (7/5) foffset (MHz) | 100 kHz |
| 2 | foffset ≥ 5 MHz | –29 | 100 kHz |
Unwanted emissions limits in 3260 MHz to 4240 MHz – AAS transmitters
(4) For a radiocommunications transmitter with AAS, the unwanted emission limits in Table 4, measured over the specified bandwidth, apply at frequencies:
(a) outside the upper or lower frequency limits set out in the licence that authorises the operation of the transmitter; and
(b) offset from the upper and lower frequency limits set out in that licence; and
(c) in the 3260 MHz to 4240 MHz frequency band;
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 closest to the upper and lower frequency limits set out in the licence is placed at foffset.
Table 4
| Item | Column 1 | Column 2 | Column 3 |
|---|
| frequency offset (foffset) | Total radiated power (dBm) | Specified bandwidth |
| 1 | 0 MHz ≤ foffset < 5 MHz | –13 – (7/5) foffset (MHz) | 100 kHz |
| 2 | foffset ≥ 5 MHz | –20 | 100 kHz |
Unwanted emissions limits outside 3260 MHz to 4240 MHz – non-AAS transmitters
(5) For a radiocommunications transmitter without AAS, the unwanted emission limits in Table 5, measured over the specified bandwidth, apply at frequencies outside the 3260 MHz to 4240 MHz frequency band, where f means the frequency of the unwanted emission.
Table 5
| Item | Column 1 | Column 2 | Column 3 |
|---|
| frequency (f) | Mean power (dBm) per radiocommunications transmitter | Specified bandwidth |
| 1 | 9 kHz ≤ f < 150 kHz | -36 | 1 kHz |
| 2 | 150 kHz ≤ f < 30 MHz | -36 | 10 kHz |
| 3 | 30 MHz ≤ f < 1 GHz | -36 | 100 kHz |
| 4 | 1 GHz ≤ f < 20 GHz | –30 | 1 MHz |
Unwanted emissions limits outside 3260 MHz to 4240 MHz – AAS transmitters
(6) For a radiocommunications transmitter with AAS, the unwanted emission limits in Table 6, measured over the specified bandwidth, apply at frequencies outside the 3260 MHz to 4240 MHz frequency band, where f means the frequency of the unwanted emission.
Table 6
| Item | Column 1 | Column 2 | Column 3 |
|---|
| frequency (f) | Total radiated power (dBm) | Specified bandwidth |
| 1 | 9 kHz ≤ f < 150 kHz | -27 | 1 kHz |
| 2 | 150 kHz ≤ f < 30 MHz | -27 | 10 kHz |
| 3 | 30 MHz ≤ f < 1 GHz | -27 | 100 kHz |
| 4 | 1 GHz ≤ f < 20 GHz | –21 | 1 MHz |
37 Conditions – remote station and remote mobile station
(1) A person must not operate a remote station or a remote mobile station if its operation causes harmful interference.
Note: The ACMA generally will not afford protection from harmful interference to a radiocommunications receiver that is part of a station operated under a fixed licence (point to multipoint system), the details of which are not entered in the Register, where the interference is caused by licensed radiocommunications devices.
(2) A person must not operate a remote station or remote mobile station under the relevant licence for a base station, to transmit to a base station or supplementary base station, unless the remote station or remote mobile station uses a receive frequency or transmit frequency specified in the relevant licence.
38 Condition – harmful interference
A person must not operate a radiocommunications transmitter under a fixed licence (point to multipoint system), other than a remote station or remote mobile station, on a frequency in the following frequency bands:
(a) 3400 MHz to 3475 MHz;
(b) 3950 MHz to 4000 MHz;
if its operation causes harmful interference to radiocommunications from a radiocommunications transmitter operated under another fixed licence (point to multipoint system).
Note: See the condition in section 37 in relation to harmful interference caused by remote stations and remote mobile stations in these, and other, frequency bands.
39 Condition – synchronisation requirement with particular transmitter licences in 3950 MHz to 4000 MHz
(1) If:
(a) interference occurs between:
(i) a radiocommunications transmitter (the first transmitter) operated under a fixed licence (point to multipoint system) in the 3950 MHz to 4000 MHz frequency band; and
(ii) one or more radiocommunications devices (the other transmitters) operated under another fixed licence (point to multipoint system) or an area-wide licence (the other licence); and
(b) the level of interference to radiocommunications receivers intended to receive radiocommunications from the first transmitter, or from the other transmitters, exceeds the compatibility requirement set out in:
(i) Schedule 2 to the Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2025; or
(ii) if a later instrument made under section 262 of the Act replaces those guidelines – the later instrument; and
(c) either the person operating the first transmitter or a person operating one of the other transmitters wishes to resolve the interference; and
(d) no agreement between the person operating the first transmitter and each person operating one of the other transmitters can be reached on how to manage the interference;
then, by the end of the day specified in subsection (2), the person operating the first transmitter is required to manage the interference by:
(e) either:
(i) operating the first transmitter with the 3.4 GHz band uplink-downlink configuration; or
(ii) operating the first transmitter using a sequence and duration of radio emissions that is consistent with that configuration (disregarding any time at which the first transmitter is not making a radio emission); and
(f) synchronising the timing of the 3.4 GHz band uplink-downlink configuration or other sequence of radio emissions of the first transmitter with the timing of the uplink-downlink configuration or other sequence of radio emissions of each of the other transmitter (disregarding any device at a time at which the first transmitter is not making a radio emission).
(2) For the purposes of subsection (1), the following day is specified:
(a) the day occurring 14 days after the day the interference was first reported in writing to the person operating the first transmitter; or
(b) if an alternative day is agreed with each person operating one of the other transmitters – that alternative day.
Note 1: This condition applies equally to all fixed licences (point to multipoint system) that authorise the operation of a radiocommunications transmitter in the 3400 MHz to 3475 MHz or the 3950 MHz to 4000 MHz frequency band. If interference occurs between two radiocommunications transmitters operated under two or more fixed licences (point to multipoint system), each person operating such a transmitter must comply with this condition.
Note 2: The Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 3.4 GHz Band) 2025 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
Note 3: An equivalent condition is imposed on area-wide licences operating in the 3400 MHz to 4000 MHz frequency band: see clause 5 of Schedule 4 to the Radiocommunications Licence Conditions (Area-Wide Licence) Determination 2020, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
40 Condition – synchronisation requirement with spectrum licences in 3400 MHz to 3475 MHz
(1) This section applies if:
(a) a radiocommunications transmitter (the first transmitter) is operated under a fixed licence (point to multipoint system):
(i) on a frequency (the relevant frequency) in the 3400 MHz to 3475 MHz frequency band; and
(ii) at a location in an urban area; and
(b) a 3.4 GHz spectrum licence authorises the operation of radiocommunications devices:
(i) in a part of the spectrum that includes the relevant frequency; and
(ii) in a geographic area that is adjacent to the urban area.
Note: This section applies to fixed licences (point to multipoint system) that share frequencies, but not geography, with a spectrum licence. The fixed licences (point to multipoint system) authorise the operation of radiocommunications transmitters in a geographic area that is adjacent to the geographic area of a spectrum licence.
(2) Subject to subsection (3), a person must not operate the first transmitter otherwise than:
(a) with a frame structure that is consistent with the frame structure used by radiocommunications devices operating under the spectrum licence; and
(d) by synchronising the timing of the uplink-downlink configuration or other sequence of radio emissions of the first transmitter with the timing of the uplink-downlink configuration or other sequence of radio emissions of each of the radiocommunications devices operating under the spectrum licence.
(3) Subsection (1) does not apply where an agreement exists between the person operating the first transmitter and the licensee of the spectrum licence on how to manage radio emissions from the first transmitter.
Note: Generally, no equivale
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