19Other licence conditions

19 Other licence conditions

(1) Each spectrum licence will also include conditions about: (a) the payment of charges (section 67 of the Act); (b) use by third parties (section 68 of the Act); (c) registration of transmitters (section 69 of the Act); and (d) residency (section 69A of the Act). (2) Each spectrum licence issued as a result of the auction, for a pre-determined price, or through a post-auction allocation process will include a condition which will provide that where: (a) a service is being provided using the same parameters as a fixed licence listed in Table 1 of Schedule 5 (specified fixed service); and (b) the specified fixed service uses frequencies wholly or partly within the 1800 MHz band; and (c) the specified fixed service is provided using a radiocommunications device operated under an apparatus licence; the licensee: (d) must not operate any radiocommunications transmitters authorised under its licence in a manner that would be inconsistent with the protections afforded to that specified fixed service by Part 2 of the Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters – 1800 MHz Band) 2012. (Part 2 of those guidelines specifies the level of out-of-band and in-band protection to be afforded to such specified fixed services); and (e) cannot claim protection from interference caused by that specified fixed service. (3) Under section 71 of the Act, the ACMA may also include conditions about other matters as it thinks fit. (4) Other conditions likely to be included in a licence are included in the sample spectrum licence at Schedule 6.

Note: The ACMA may include conditions in a spectrum licence that are not included in the sample spectrum licence.