33Condition — location of use

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.