20Registration of transmitters

20 Registration of transmitters

(1) Each spectrum licence will include a condition that prohibits operation of a radiocommunications transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered have been met.

Note 1: Under subsection 145(1) of the Act, the ACMA may refuse to include in the Register details of a radiocommunications transmitter that is proposed to be operated under a spectrum licence if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other licence.

Note 2: Subsection 145(4) of the Act states that the ACMA may determine, by written instrument, what are acceptable levels of interference for the purposes of section 145 of the Act.

Note 3: The Radiocommunications (Unacceptable Levels of Interference — 2 GHz Band) Determination 2016 sets out what are the unacceptable levels of interference for the purpose of registering devices to be operated under a licence issued in accordance with this instrument, and is to be used for the issue of certificates by accredited persons under subsection 145(3) of the Act.

(2) Each spectrum licence will include a condition that states the following radiocommunications transmitters are exempt from registration: (a) a radiocommunications transmitter that operates in the 2 GHz band with a maximum EIRP of less than or equal to 25 dBm per occupied bandwidth; (b) a high altitude platform station (HAPS) that does not exceed a power flux density of – 121.5 dB (W/(m2MHz)) at the Earth’s surface outside the spectrum space for the spectrum licence.