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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 equivalent condition is imposed on spectrum licences operating in the 3400 MHz to 3800 MHz frequency band. Accordingly, where this condition applies, the operation of a radiocommunications transmitter under a fixed licence (point to multipoint system) may need to change to align with the operation of radiocommunications devices under a spectrum licence.