7Operation — operating parameters set out in Schedule 1

7 Operation – operating parameters set out in Schedule 1

Conditions (1) A person must not operate a radiocommunications transmitter included in a class of radiocommunications transmitters otherwise than on a permitted frequency for the class. (2) A person must not operate a radiocommunications transmitter included in a class of radiocommunications transmitters at a radiated power that exceeds, in any direction, the maximum EIRP for the class. (3) A person must not operate a radiocommunications transmitter included in a class of radiocommunications transmitters otherwise than in accordance with any additional limitations for the class.

Note: A radiocommunications transmitter may fall within more than one class specified in Schedule 1. For each class the radiocommunications transmitter falls within, the transmitter may be operated in accordance with the permitted frequencies, maximum EIRP and additional limitations specified in the table item for that class.

Interpretation (4) For the purposes of subsection (2), if column 3 of a table item in Schedule 1 refers to a particular clause of Schedule 1, the maximum EIRP is worked out in accordance with that clause.

Note: A clause in Schedule 1 may refer to another document, which sets out what the maximum EIRP is for the class of radiocommunications transmitters.

(5) If, for a class of radiocommunications transmitters: (a) there is an additional limitation; and (b) that additional limitation refers to a document (the limitation document); then, unless the contrary intention appears: (c) a frequency or frequency band mentioned in an additional limitation for the class; and (d) the maximum EIRP for the class; must be construed in accordance with any interpretative provisions of the limitation document.

Note: The effect of paragraph (5)(c) is that any frequency or frequency band that appears in column 4 (or in a clause referred to in column 4) of a table item is interpreted in accordance with a limitation document that applies to that table item. For a frequency or frequency band that appears in column 2 (a permitted frequency), see subsection (6).

(6) If, for a class of radiocommunications transmitters: (a) there is an additional limitation; and (b) that additional limitation refers to a document (the limitation document); then, unless the contrary intention appears, a permitted frequency for the class must not be construed in accordance with any interpretative provisions of the limitation document.

Note: The effect of subsection (6) is that any frequency or frequency band that appears in column 2 of a table item is not interpreted in accordance with a limitation document that applies to that table item. For a frequency or frequency band that appears in column 4 (or in a clause referred to in column 4), see subsection (5).