39Condition — synchronisation requirement with particular transmitter licences in 3950 MHz to 4000 MHz

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.