Radiocommunications Spectrum Marketing Plan (2010-2025 MHz Band) 2006

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Radiocommunications Spectrum Marketing Plan (2010‑2025 MHz Band) 2006

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Plan under section 39A of the Radiocommunications Act 1992.

Dated 17th August 2006

CHRIS CHAPMAN

Chairman

 

 

LYN MADDOCK

Deputy Chair

 

Australian Communications and Media Authority

Contents

Summary of marketing plan 

Part 1 Preliminary

 1.1 Name of Plan 

 1.2 Commencement 

 1.3 Purpose of Plan 

 1.4 Interpretation 

Part 2 Allocation of spectrum licences

 2.1 Issue of spectrum licences 

 2.2 Identification of lots 

 2.3 Allocation of lots 

 2.4 How licences will be allocated 

 2.5 Lot ratings 

 2.6 Advertising auction 

 2.7 Registration 

 2.8 Amount of eligibility payment 

 2.9 Entitlement to licence 

 2.10 Draft sample licence 

 2.11 Core licence conditions 

 2.12 Other licence conditions 

 2.13 Determination of core licence conditions 

 2.14 Emission limits 

 2.15 Agreements about emission limits 

 2.16 Duration of licences 

 2.17 Registration of licences 

 2.18 Trading in licences 

 2.19 Spectrum licences that are about to expire 

 2.20 Re‑issue of licences 

Part 3 Spectrum usage and compatibility

 3.1 Compatibility requirements 

Schedule 1 Description of areas containing lots for re‑allocation 

Schedule 2 Coordinates of geographic areas 

Schedule 3 Description of lots 

Schedule 4 Sample licence 

Part 1 Licence Details 

Part 2 Technical Details 

Part 3 Geographic Area 

Schedule 5 Emission limits outside the area 

Part 1 Base emission limits 

Part 2 Other emission limits 

Schedule 6 Emission limits outside the band 

Part 1 Base emission limits 

Part 2 Other emission limits 

 

 

Summary of marketing plan

The Minister for Communications, Information Technology and the Arts has made a spectrum re‑allocation declaration under section 153B of Part 3.6 of the Radiocommunications Act 1992 with respect to the 2010‑2025 MHz band in specified geographic areas. The effect of this declaration is that the areas and parts of the spectrum referred to in the declaration are subject to re‑allocation by issuing spectrum licences. The declaration sets a ‘re‑allocation period’ during which time it is intended that the spectrum licences will be allocated. Apparatus licences in a part of the spectrum covered by a declaration will be cancelled automatically at the end of the re‑allocation period (section 153H of the Act). The Act also requires that the declaration must set a ‘re‑allocation deadline’. The significance of the re‑allocation deadline is that where a re‑allocation declaration states that a part of the spectrum should be re‑allocated by issuing spectrum licences, at least 1 licence must be issued by the re‑allocation deadline. If no spectrum licences are issued by the re‑allocation deadline, the declaration is taken to have been revoked immediately after the deadline (section 153K of the Act).

A summary of the overall process is as follows:

 Parts of the 2010‑2025 MHz band have been divided into lots for sale. The lots consist of a geographic area and a particular bandwidth. It is intended that these lots will be allocated and become the subject of spectrum licences.

 Allocation will be by way of a simultaneous ascending bid multiple round auction (details are in the Radiocommunications (Spectrum Licence Allocation — 2010‑2025 MHz Band) Determination 2006).

 The Australian Communications and Media Authority (ACMA) will advertise details of the auction as soon as practicable after this Plan is published. This will be at least 1 month before the date of the auction. Interested parties must register to take part in the auction before the application closing date and time.

 The successful applicant for a lot will be entitled to have a spectrum licence issued that includes the lot as soon as practicable after ACMA has received payment on behalf of the Commonwealth of the final bid price for the lot (subsection 62 (2) of the Act).

 A spectrum licence will contain core conditions and conditions relating to other aspects of spectrum use (sections 66‑71 of the Act). An example of a draft spectrum licence is attached.

 The licence will come into force on the day specified in the licence, and will be in force for the period set out in the licence (section 65 of the Act). This period cannot be longer than 15 years. ACMA intends that all licences allocated under the Radiocommunications (Spectrum Licence Allocation — 2010‑2025 MHz Band) Determination 2006 will be in force for 15 years.

 ACMA will publish information regarding licences that are due to expire during the 2 years before the expiry date (section 78 of the Act). An Amendment Bill is planned that will revise these spectrum licence expiry provisions. It is proposed that ACMA be required to complete the re‑assignment of spectrum licences 3 years before they are due to expire. Current licensees will also receive periodic reminders that their licence is due to expire.

 Re‑allocation of licences will be by way of price based allocation (sections 80, 81). If it is in the public interest to do so, ACMA will re‑issue spectrum licences to existing licensees without conducting a re‑allocation (section 82).

Part 1 Preliminary

 

1.1 Name of Plan

  This Plan is the Radiocommunications Spectrum Marketing Plan (2010‑2025 MHz Band) 2006.

1.2 Commencement

  This Plan commences on the day on which the Radiocommunications (Spectrum Licence Allocation — 2010‑2025 MHz Band) Determination 2006 commences.

1.3 Purpose of Plan

 (1) This Plan sets out procedures and a timetable for issuing spectrum licences that authorise the operation of radiocommunications devices in those parts of the 2010‑2025 MHz band that are subject to a re‑allocation declaration.

 (2) This Plan also sets out matters a licensee must take into account in operating devices under a licence.

1.4 Interpretation

  In this Plan:

Act means the Radiocommunications Act 1992.

Advisory Guidelines means the following documents made by ACMA under section 262 of the Act, as in force, amended or replaced from time to time:

 (a) Radiocommunications Advisory Guidelines (Protection of Apparatus licensed and Class licensed Receivers — 2010‑2025 MHz Band) 2006;

 (b) Radiocommunications Advisory Guidelines (Managing Out‑of‑Band Interference from Frequency Adjacent Transmitters in Spectrum Licensed Receivers — 2010‑2025 MHz Band) 2006;

 (c) Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Statement) 1998.

Allocation Determination means the Radiocommunications (Spectrum Licence Allocation — 2010‑2025 MHz Band) Determination 2006.

cell means a square with a side measured in degrees, and where appropriate, minutes and seconds, by reference to the Australian National Spheroid.

geographic area, for a licence, means the area within which operation of a radiocommunications device is authorised under the licence.

HAPS means a high altitude platform station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the earth (see Article No.S1.66A of the Radio Regulations published by the International Telecommunication Union).

harmful interference means interference that:

 (a) endangers the functioning of a radio‑navigation service or other safety services; or

 (b) seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service.

horizontally radiated power, for a radiocommunications device, means the product of:

 (a) the maximum true mean power within the frequency band of the licence authorising the operation of the device, measured in units of dBm EIRP per 30 kHz at the antenna connector; and

 (b) the antenna gain relative to an isotropic antenna in a specified direction referenced from, and in the horizontal plane containing, the phase centre of the antenna used with the device.

in‑band means:

 (a) for a transmitter operated under a spectrum licence — the frequencies within the frequency band to which the licence relates; and

 (b) for a receiver operating within the spectrum space of a spectrum licence — the frequencies within the frequency band to which the licence relates; and

 (c) for a transmitter or receiver operating under an apparatus licence — the frequencies within the lower frequency limit and the upper frequency limit of its spectrum access.

lot means a part of the spectrum described in section 2.2.

lot rating, for a lot, means the value for the lot set by ACMA under section 2.5.

maximum true mean power means the true mean power measured in a 30 kHz rectangular bandwidth that is located within a specified frequency band such that the true mean power is the maximum of true mean powers produced.

Note   The power within a 30 kHz rectangular bandwidth is normally established by taking measurements using either an adjacent channel power meter or a spectrum analyser. The accuracy of measuring equipment, measurement procedure and any corrections to measurements necessary to take account of practical filter shape factors would normally be in accordance with good engineering practice.

mean power means the average power measured during an interval of time that is at least 10 times the period of the lowest modulation frequency.

peak power means the average power measured within a specified bandwidth during 1 radio frequency cycle at the crest of the signal envelope.

population means the notional population of a lot, fixed by ACMA and set out in column 4 of an item in Schedule 1.

re‑allocation means the re‑allocation of spectrum by the issue of spectrum licences in accordance with a re‑allocation declaration.

re‑allocation declaration means the declaration made by the Minister under section 153B of the Act for a part of the spectrum in the 2010‑2025 MHz band.

spectrum map grid means the map grid developed by ACMA for Australia, showing cells the sides of which measure 3 degrees of arc, 1 degree of arc or 5 minutes of arc, published by ACMA.

standard trading unit (STU) means a parcel of spectrum space that consists of:

 (a) a geographic area equal to a cell of the spectrum map grid; and

 (b) a frequency band having lower and upper frequency limits of each segment defined by:

 (i) 2010 + [n x 5] MHz; and

 (ii) 2010 + [(n+1) x 5] MHz;

  respectively, where n is an integer from 0 to 2 (inclusive).

terrestrial, for a transmitter, means a transmitter that is not located on a HAPS.

true mean power means:

 (a) if an unmodulated carrier is present — the mean power measured while the unmodulated carrier is present; and

 (b) if an unmodulated carrier is not present — the mean power measured while transmitted information is present.

Note   The following terms, used in this Determination, are defined in section 5 of the Act:

 ACMA

 apparatus licence

 core condition

 frequency band

 licensee

 public or community service

 spectrum licence.

 (2) In this Plan, the range of numbers that identifies a frequency band includes the higher, but not the lower, number.

Part 2 Allocation of spectrum licences

 

2.1 Issue of spectrum licences

 (1) ACMA will issue spectrum licences for the parts of the spectrum in the 2010‑2025 MHz band that are subject to the re‑allocation declaration.

 (2) ACMA will issue the licences to the persons to whom the licences are allocated under a price‑based allocation system determined under section 60 of the Act.

 (3) No part of the spectrum in the 2010‑2025 MHz band subject to this Marketing Plan will be reserved for public or community services.

2.2 Identification of lots

 (1) ACMA has divided the parts of the spectrum that have been declared for re‑allocation by the Minister into lots.

 (2) Each lot represents a part of the spectrum that is defined in terms of its geographic area and frequency band.

 (3) The geographic area of a lot is the area described in Schedule 2 for the area named in column 2 of Schedule 3 for the lot.

 (4) The frequency band of a lot described in Schedule 3 comprises the frequencies in the frequency range greater than the frequency set out in column 4 of an item in Schedule 3 up to and including the frequency set out in column 5 of the item.

2.3 Allocation of lots

 (1) Lots will be allocated, and will then become the subject of spectrum licences.

 (2) ACMA will issue spectrum licences for the lots that have been allocated in accordance with this Marketing Plan.

Note   ACMA issues spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act.

2.4 How licences will be allocated

 (1) The first allocation will be by simultaneous multi‑round auction, in accordance with the procedures set out in the Allocation Determination.

Note   The Allocation Determination sets out the procedures for allocating spectrum licences by a simultaneous multi‑round auction, with alternatives in case the auction is unsuccessful.

 (2) All of the lots listed in Schedule 3 will be available for auction at the same time.

 (3) ACMA may hold further allocations by a means to be determined by ACMA under section 60 of the Act.

 (4) However, ACMA will not hold an auction if:

 (a) the total amount of bandwidth nominated for each area by all applicants for the area, is equal to or less than the bandwidth available for the area; and

 (b) ACMA offers each applicant a licence for a bandwidth, in the area nominated by the applicant, at the starting bid price; and

 (c) each applicant accepts the licence offered.

Note   In this case, ACMA will allocate the licences for a pre‑determined price: see Part 3 of the Allocation Determination.

 (5) If an applicant does not accept a licence that has been offered to it, ACMA may:

 (a) withdraw offers for licences for all spectrum covered by the licences offered and terminate the allocation process under Part 3 of the Allocation Determination; or

 (b) allocate all that spectrum by auction or otherwise under that Determination; or

 (c) allocate licences under subsection 3.4 (4) of the Allocation Determination to the applicants who have accepted the offered licences and, for lots covered by licences that were not accepted:

 (i) allocate those lots by auction or otherwise, in accordance with the Allocation Determination; or

 (ii) withdraw those lots from allocation and allocate the spectrum covered by those lots at a later date.

2.5 Lot ratings

 (1) Each lot has a lot rating fixed by ACMA.

 (2) The lot rating for a lot is the value set out in column 3 of the item in Schedule 3 in which the lot is mentioned.

 (3) The lot rating is used as the basis for working out an applicant’s initial eligibility and the eligibility payment payable by an applicant. Details of these are in sections 2.6, 2.7 and 2.8 of the Allocation Determination.

2.6 Advertising auction

 (1) ACMA will advertise details of the auction as soon as practicable after this Plan is published.

 (2) Details of the advertisement are set out in section 2.2 of the Allocation Determination.

 (3) ACMA will not conduct an auction until at least 30 days after the publication of this advertisement.

2.7 Registration

 (1) The advertisement will invite persons to apply to ACMA to take part in the auction.

 (2) ACMA will make available to interested persons an Applicant Information Package that contains more detail about application requirements and the auction process. Details of what is in the Package are in section 2.3 of the Allocation Determination.

 (3) Anyone wishing to take part in the auction must lodge their application by the application closing date and time in the advertisement and pay their eligibility payment and performance payment or lodge their Deed of Financial Security by the eligibility payment date and time. Details of how to apply are in Part 2 of the Allocation Determination.

2.8 Amount of eligibility payment

  An applicant for registration must pay an eligibility payment by the eligibility payment date and time. The amount of eligibility payment payable is based on the eligibility nominated by the applicant in the application for registration.

Note   To find out how the eligibility payment is worked out see section 2.8 of the Allocation Determination.

2.9 Entitlement to licence

  A successful applicant for a lot is entitled to be issued a licence that includes the lot as soon as practicable after the balance of bid price is received by ACMA.

Note   Details of payment requirements for the balance of bid price are in Part 5 of the Allocation Determination.

2.10 Draft sample licence

  Schedule 4 sets out:

 (a) a sample spectrum licence; and

 (b) the conditions that may be included in a spectrum licence that is issued in a part of the spectrum referred to in the re‑allocation declaration.

2.11 Core licence conditions

 (1) Section 66 of the Act requires a licence to contain core conditions that define the parts of the spectrum that can be used under the licence, in terms of:

 (a) frequency band; and

 (b) geographic area; and

 (c) emission limits outside the area; and

 (d) emission limits outside the band.

 (2) These conditions will be included in the licence.

2.12 Other licence conditions

  The licence will also include conditions about:

 (a) payment of charges (section 67 of the Act); and

 (b) use by third parties (section 68 of the Act); and

 (c) registration of transmitters (section 69 of the Act); and

 (d) other matters that ACMA may include in the licence (section 71 of the Act).

2.13 Determination of core licence conditions

 (1) The core conditions for the geographic area of a licence will apply to the area, or the aggregation of areas, described in Schedule 2 that cover the lots allocated to the licensee in the allocation under section 60 of the Act.

 (2) The core conditions for frequency bands will apply to the bands, or aggregation of bands, described in columns 4 and 5 of Schedule 3 that cover the lots allocated to the licensee.

2.14 Emission limits

 (1) The emission limits outside the area for all licences are worked out in accordance with Schedule 5.

 (2) The emission limits outside the band for all licences are worked out in accordance with Schedule 6.

Note   These core conditions may be varied by ACMA with the licensee’s agreement — see section 72 of the Act.

2.15 Agreements about emission limits

 (1) A licensee may enter into an agreement for the purpose of:

 (a) core condition 7 as specified in the sample licence in Schedule 4 (about emission limits outside the geographic area of the licence); or

 (b) core condition 15 as specified in the sample licence in Schedule 4 (about emission limits outside the frequency band of the licence); or

 (c) both of those core conditions.

 (2) The agreement must be in accordance with the form set out in Schedule 5 to the licence.

2.16 Duration of licences

  The licences issued under this Plan will be for a fixed period of 15 years.

Note 1   Section 65 of the Act provides that the maximum duration of a spectrum licence is 15 years.

Note 2   The licences will take effect on 1 January 2008, immediately after the end of the reallocation period.

2.17 Registration of licences

 (1) ACMA will register licences, as required by section 144 of the Act.

Note   Details about registration are in the Radiocommunications (Contents of Register) Determination No. 1 of 1997.

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

Note   Section 69 of the Act deals with this.

 (3) Transmitters that are part of a group of transmitters may be registered individually or as a group.

2.18 Trading in licences

  As permitted by Division 5 of Part 3.2 of the Act, a licensee may assign or otherwise deal with the whole or any part of a licence. ACMA has made rules under section 88 of the Act to regulate trading in licences. The rules restrict trading by reference to whole standard trading units and minimum contiguous bandwidth.

2.19 Spectrum licences that are about to expire

 (1) As required by section 78 of the Act, ACMA will publish notices periodically in the Gazette:

 (a) stating where information can be obtained about spectrum licences that are due to expire within the next 2 years; and

 (b) inviting expressions of interest from persons who want to have these licences issued to them.

 (2) The information will also be available from ACMA’s auction website.

 (3) ACMA will also send licensees regular reminders during the last 2 years of the period of their licences that the licences are due to expire.

2.20 Re‑issue of licences

 (1) ACMA will re‑issue licences, in accordance with Division 4 of Part 3.2 of the Act.

 (2) As a general rule, licences will only be re‑issued after the lots they cover are offered for re‑allocation by auction, tender, or predetermined or negotiated price. In re‑allocating the licences, ACMA will follow the procedures set out in the determinations made under section 60 of the Act that are in force at the time.

 (3) However, as set out in section 82 of the Act, ACMA may re‑issue a licence to the previous licensee without re‑allocating the licence if it is in the public interest to do so.

 (4) Spectrum licences that are re‑issued are unlikely to take the same form as originally issued as the spectrum lots may be divided and distributed differently. Licensees should not assume that they will be re‑issued with their existing licence.

Part 3 Spectrum usage and compatibility

 

3.1 Compatibility requirements

 (1) The Advisory Guidelines set out:

 (a) compatibility requirements for the receivers of various apparatus and class licensed services in the 2010‑2025 MHz band and in adjacent frequency bands; and

 (b) recommended methods of coordinating radiocommunications services to be operated in spectrum licensed space.

 (2) The Advisory Guidelines provide a means of coordinating services operating under spectrum licences with other services operating under spectrum licences and with those operating under apparatus licences.

 (3) Each licensee must ensure that the operation of their service does not cause an unacceptable level of interference to other services that they are obliged to protect.

 (4) These compatibility requirements apply to a receiver that:

 (a) operates or will operate under an apparatus licence or a class licence; and

 (b) is outside:

 (i) the frequency bands of spectrum licences; or

 (ii) the geographic limits of spectrum licences; and

 (c) operates inside the frequency bands or geographic areas to be subject to spectrum licences.

Schedule 1 Description of areas containing lots for re‑allocation

(section 1.4)

 

 

 

Schedule 2 Coordinates of geographic areas

(subsections 2.2 (3) and 2.13 (1))

 

Description of designated areas

A designated area is an area bounded by a notional line starting at the intersection of the first map grid coordinates listed in a following table and passing sequentially through the intersection of each following set of coordinates in the table to the point where the line started.

Note   A part of the designated area for Western Australia is excised — see the tables for Western Australia and the Western Australia New Norcia Exclusion Zone.

 

NEW SOUTH WALES/AUSTRALIAN CAPITAL TERRITORY

 

VICTORIA

 

DARWIN

 

NORTH QUEENSLAND

 

WESTERN AUSTRALIA

 

But Not Including the WESTERN AUSTRALIA NEW NORCIA EXCLUSION ZONE

 

SOUTH QUEENSLAND

 

TASMANIA

 

SOUTH AUSTRALIA

 

 

Schedule 3 Description of lots

(sections 2.2, 2.4 and 2.5)

 

 

 

Schedule 4 Sample licence

(section 2.10)

 

This Schedule sets out a sample spectrum licence, and the conditions that may be included in a spectrum licence, issued in the parts of the spectrum that are subject to the re‑allocation declaration. The frequency and the technical details are examples only.

 

 

Rest of page left intentionally blank — Sample Licence appears on next page

 

COMMONWEALTH OF AUSTRALIA

 

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

 

Radiocommunications Act 1992

 

Spectrum Licence

 

This licence is issued under Part 3.2 of the Radiocommunications Act 1992 (‘the Act’) by the delegate named at Item 8 of Schedule 1 of this licence.

1.  The person named at Item 1 of Schedule 1 of this licence (‘the licensee’), or a person authorised under subsection 68 (1) of the Act, is authorised to operate radiocommunications devices in accordance with:

 (a) the Act; and

 (b) the core conditions set out in Schedule 2; and

 (c) the statutory conditions set out in Schedule 3; and

 (d) the core conditions specifying periods of operation, and the other conditions, if any, included in this licence by ACMA and set out in Schedule 2.

2.  This licence comes into force on the date shown at Item 4 of Schedule 1 and remains in force until the end of the day shown at Item 5 of Schedule 1.

3.  Unless the contrary intention appears, terms and expressions used in this licence have the meaning given to them by the Radiocommunications Spectrum Marketing Plan (2010‑2025 MHz Band) 2006.

 

Licensee:  

Client Number:  

Band Release:  2010‑2025 MHz

Licence Number:  

LICENCE SCHEDULE 1 LICENCE AND TECHNICAL DETAILS

Part 1 Licence Details

 

Part 2 Technical Details

 

• Core Condition ‑ Frequency Band of Licence
• 9 Lower limit of frequency band 2010 MHz
• 10 Upper limit of frequency band 2020 MHz
• Core Condition ‑ Emission Limits Outside the Area(these are worked out in accordance with Schedule 5 of the Marketing Plan)
• 11 Horizontally radiated power for core condition 4(a) 51 dBm per 30 kHz
• 12 Radiated power for core condition 4(b) a radiated power that would not cause a power flux‑density of ‑136 dBW/m2 (per 30 kHz) to be exceeded at the earth’s surface at any point outside the area
• 13 Range of offsets for core condition 10(a)(i) 0 to 0.4 MHz
• 14 Maximum true mean power for core condition 10(a)(i) 4 dBm per 30 kHz
• 15 Range of offsets for core condition 10(a)(ii) 0 to 0.4 MHz
• 16 Maximum true mean power for core condition 10(a)(ii) 4 dBm per 30 kHz
• 17 Range of offsets for core condition 10(a)(iii) 0.4 to 5 MHz
• 18 Maximum true mean power for core condition 10(a)(iii)) ‑16 dBm per 30 kHz
• 19 Range of offsets for core condition 10(a)(iv) 0.4 to 5 MHz
• 20 Maximum true mean power for core condition 10(a)(iv) ‑16 dBm per 30 kHz
• 21 Range of offsets for core condition 10(a)(v) Greater than 5 MHz
• 22 Maximum true mean power for core condition 10(a)(v) ‑25 dBm per 30 kHz
• 23 Range of offsets for core condition 10(a)(vi) Greater than 5 MHz
• 24 Maximum true mean power for core condition 10(a)(vi) ‑25 dBm per 30 kHz
• 25 Range of offsets for core condition 10(b)(i) 0 to 0.4 MHz
• 26 Maximum true mean power for core condition 10(b)(i) ‑16 dBm per 30 kHz
• 27 Range of offsets for core condition 10(b)(ii) 0 to 0.4 MHz
• 28 Maximum true mean power for core condition 10(b)(ii) ‑16 dBm per 30 kHz
• 29 Range of offsets for core condition 10(b)(iii) 0.4 to 1 MHz
• 30 Maximum true mean power for core condition 10(b)(iii) ‑20 dBm per 30 kHz
• 31 Range of offsets for core condition 10(b)(iv) 0.4 to 0.45 MHz
• 32 Maximum true mean power for core condition 10(b)(iv) ‑20 dBm per 30 kHz
• 33 Range of offsets for core condition 10(b)(v) Greater than 1 MHz
• 34 Maximum true mean power for core condition 10(b)(v) ‑30 dBm per 30 kHz
• 35 Range of offsets for core condition 10(b)(vi) Greater then 0.45 MHz
• 36 Maximum true mean power for core condition 10(b)(vi) ‑61 dBm per 30 kHz
• 37 Range of offsets for core condition 10(b)(vii) 0.4 to 0.45 MHz
• 38 Maximum peak power for core condition 10(b)(vii) ‑20dBm per 30 kHz
• 39 Band for core condition 11(a) 9 kHz to 150 kHz
• 40 Mean power for core condition 11(a) ‑36 dBm per 1 kHz
• 41 Band for core condition 11(b) 150 kHz to 30 MHz
• 42 Mean power for core condition 11(b) ‑36 dBm per 10 kHz
• 43 Band for core condition 11(c) 30 MHz to 1 GHz
• 44 Mean power for core condition 11(c) ‑36 dBm per 100 kHz
• 45 Band for core condition 11(d) 1 GHz to 3.7 GHz
• 46 Mean power for core condition 11(d) ‑12 dBm per 1 MHz
• 47 Band for core condition 11(e) 3.7 GHz to 12.75 GHz
• 48 Mean power for core condition 11(e) ‑30 dBm per 1 MHz
• 49 Band for core condition 12(a) 9 kHz to 1 GHz
• 50 Mean power for core condition 12(a) ‑57 dBm per 100 kHz
• 51 Band for core condition 12(b) 1 GHz to 3.7 GHz
• 52 Mean power for core condition 12(b) ‑33 dBm per 1 MHz
• 53 Band for core condition 12(c) 3.7 to 12.75 GHz
• 54 Mean power for core condition 12(c) ‑47 dBm per 1 MHz
• Device Registration
• 55 Section 145 determination for registration of transmitters Radiocommunications (Unacceptable Levels of Interference — 2010‑2025 MHz Band) Determination 2006

 

Part 3 Geographic Area

Core Condition Geographic Area of Licence

For core condition 2, the area or aggregate of areas within which operation of radiocommunications devices is authorised by this licence is that area of land described by the aggregation of rectangular areas, each having:

(a) a North to South (Latitude) and East to West (Longitude) orientation; and

(b) a South West corner that is represented by a geographic coordinate set out in column 1 in the table below; and

(c) a North East corner that is represented by a geographic coordinate set out in column 2 opposite to the coordinate set out in column 1.

 

 

  Column 1    Column 2

    South       West        North       East    

 

 43:35:00 148:00:00  42:20:00 146:45:00

LICENCE SCHEDULE 2 CORE CONDITIONS

Frequency Band

1.  This licence authorises the operation of radiocommunications devices in the frequency band that consists of the contiguous range of frequencies between the upper and lower frequency limits set out in Items 9 and 10 of Part 2 of Schedule 1, respectively.

Geographic Area

2.  This licence authorises the operation of radiocommunications devices in the geographic area set out at Part 3 of Schedule 1.

Emission Limits Outside the Area

3.  Core conditions 4 and 5 apply in those geographic areas:

 (a) that are outside the geographic areas set out at Part 3 of Schedule 1; and

 (b) for which there is no agreement for the purposes of core condition 7 in force; and

 (c) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

4.  For in‑band radio emissions, the emission limits in a geographic area to which this condition applies are:

 (a) for a terrestrial transmitter, the transmitter horizontally radiated power set out at Item 11 of Part 2 of Schedule 1; and

 (b) for a HAPS transmitter, the transmitter radiated power set out at Item 12 of Part 2 of Schedule 1.

5.  The level of emission in a geographic area to which this condition applies is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit plus 2 dB.

Notes to core condition 5:

1. This core condition is designed to assist technological neutrality and at all times limits the power spectral density of a terrestrial transmitter located anywhere within the geographic area of the licence to a specified EIRP in a rectangular bandwidth of 30 kHz. The limit has an important function in the management of receiver intermodulation. It also limits the power flux density of signals present on the earth’s surface outside the area, caused by high altitude platform stations. There may be additional constraints on radiated power caused by the device boundary criterion of the relevant determination made under subsection 145 (4) of the Act or the compatibility requirements of related Advisory Guidelines.

2. Except where the occupied bandwidth of a transmitter is less than 30 kHz, the core condition does not place a limit on the total radiated power for a transmitter. However, total radiated power is limited indirectly by:

(a) the cost of high power amplifiers;

(b) the general requirement to use low powers in cellular systems; and

(c) the emission limits outside the band becoming increasingly difficult to satisfy as total transmitter power increases.

6.  Core condition 7 applies in those geographic areas that are outside the geographic areas set out at Part 3 of Schedule 1 and:

 (a) for which there is an agreement in force for the purposes of that core condition; or

 (b) for which the licensee holds another spectrum licence in the 2010‑2025 MHz band.

7.  The emission limits outside the area are the level that does not cause the core emission limits to be exceeded in any geographic area:

 (a) for which there is no agreement for the purposes of this core condition in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

Emission Limits Outside the Band

8.  Core conditions 9‑13 (inclusive) apply in those parts of the spectrum:

 (a) for which there is no agreement for the purposes of core condition 15 in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

9.  The following maximum permitted levels of emission outside the frequency band of the licence apply, except where:

 (a) a written agreement exists, between the licensee and all the affected licensees of frequency‑adjacent spectrum licences, setting out increased maximum permitted levels; and

 (b) if non‑spectrum licensed space is affected, the licensee provides written agreement to increase maximum permitted levels to ACMA and the ACMA has varied the relevant licence conditions.

10.  For radio emission that is not spurious emission:

 (a) if the radio emission is caused by a transmitter that is exempt from registration or registered as part of a group with an effective radius greater than zero kilometres, at frequencies outside the frequency band of the licence, the emission limits outside the band are:

 (i) for frequency bands only containing frequencies that are removed from the lower frequency limits of the frequency band of the licence by offsets within the range set out at Item 13 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 14 of Part 2 of Schedule 1 of this licence; and

 (ii) for frequency bands only containing frequencies that are removed from the upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 15 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 16 of Part 2 of Schedule 1 of this licence; and

 (iii) for frequency bands only containing frequencies that are removed from the lower frequency limits of the frequency band of the licence by offsets within the range set out at Item 17 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 18 of Part 2 of Schedule 1 of this licence; and

 (iv) for frequency bands only containing frequencies that are removed from the upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 19 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 20 of Part 2 of Schedule 1 of this licence; and

 (v) for frequency bands only containing frequencies that are removed from the lower frequency limits of the frequency band of the licence by offsets within the range set out at Item 21 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 22 of Part 2 of Schedule 1 of this licence; and

 (vi) for frequency bands only containing frequencies that are removed from the upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 23 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 24 of Part 2 of Schedule 1 of this licence; and

 (b) if the radio emission is caused by a transmitter that is registered as an individual transmitter or registered as part of a group with an effective radius of zero kilometres, at frequencies outside the frequency band of the licence, the emission limits outside the band are:

 (i) for frequency bands only containing frequencies that are removed from the lower frequency limits of the frequency band of the licence by offsets within the range set out at Item 25 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 26 of Part 2 of Schedule 1 of this licence; and

 (ii) for frequency bands only containing frequencies that are removed from the upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 27 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 28 of Part 2 of Schedule 1 of this licence; and

 (iii) for frequency bands only containing frequencies that are removed from the lower frequency limits of the frequency band of the licence by offsets within the range set out at Item 29 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 30 of Part 2 of Schedule 1 of this licence; and

 (iv) for frequency bands only containing frequencies that are removed from the upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 31 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 32 of Part 2 of Schedule 1 of this licence; and

 (v) for frequency bands only containing frequencies that are removed from the lower frequency limits of the frequency band of the licence by offsets within the range set out at Item 33 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 34 of Part 2 of Schedule 1 of this licence; and

 (vi) for frequency bands only containing frequencies that are removed from the upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 35 of Part 2 of Schedule 1 — the radiated maximum true mean power as set out at Item 36 of Part 2 of Schedule 1 of this licence; and

 (vii) for frequency bands only containing frequencies that are removed from the lower and upper frequency limits of the frequency band of the licence by offsets within the range set out at Item 37 of Part 2 of Schedule 1 — the radiated peak power as set out at Item 38 of Part 2 of Schedule 1 of this licence.

11.  For radio emission that is spurious emission from transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:

 (a) a radiated mean power set out at Item 39 of Part 2 of Schedule 1 and measured within a 1 kHz rectangular bandwidth that is within the band set out at Item 40 of Part 2 of Schedule 1 of this licence; and

 (b) a radiated mean power set out at Item 41 of Part 2 of Schedule 1 and measured within a 10 kHz rectangular bandwidth that is within the band set out at Item 42 of Part 2 of Schedule 1 of this licence; and

 (c) a radiated mean power set out at Item 43 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 44 of Part 2 of Schedule 1 of this licence; and

 (d) a radiated mean power set out at Item 45 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 46 of Part 2 of Schedule 1 of this licence; and

 (e) a radiated mean power set out at Item 47 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 48 of Part 2 of Schedule 1 of this licence.

12.  For radio emission caused by receivers, the emission limits outside the band are:

 (a) a radiated mean power set out at Item 49 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 50 of Part 2 of Schedule 1 of this licence; and

 (b) a radiated mean power set out at Item 51 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 52 of Part 2 of Schedule 1 of this licence; and

 (c) a radiated mean power set out at Item 53 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at Item 54 of Part 2 of Schedule 1 of this licence.

13.  The level of emission outside the band of the licence is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit plus 2 dB.

14.  Core condition 15 applies in that part of the spectrum:

 (a) for which there is an agreement in force for the purposes of that core condition; or

 (b) for which the licensee holds another spectrum licence in the 2010‑2025 MHz band.

15.  The emission limits outside the band are the level that does not cause the emission limits in this Schedule to be exceeded in any part of the spectrum:

 (a) for which there is no agreement for the purposes of this core condition in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

LICENCE SCHEDULE 3 STATUTORY CONDITIONS

Liability To Pay Charges

1.  The licensee must meet all obligations to pay charges fixed by determinations made under section 294 of the Act and section 60 of the Australian Communications and Media Authority Act 2005.

Third Party Use

2. (1) The licensee must notify any person authorised to operate radiocommunications devices under the licence of that person’s obligations under the Act, in particular of any registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under the licence, and any rules about third party use made under subsection 68 (3) of the Act.

 (2) Each operation of a radiocommunications device under the licence by a person other than the licensee must comply with rules made by ACMA under subsection 68 (3) of the Act.

Transmitter Registration Requirements

3.  The licensee must not operate a transmitter under this licence unless:

 (a) the transmitter has been exempted from the registration requirements under clause 4; or

 (b) both:

 (i) the requirements of ACMA under Part 3.5 of the Act relating to registration of the transmitter have been met; and

 (ii) the transmitter complies with the details about it that have been entered in the Register.

Note   For transmitters (and any linked receivers) that have had their operating details changed or have ceased to operate, licensees are required to amend the relevant details in the Register of Radiocommunications Licences (RRL) to ensure their transmitters continue to operate in a manner that complies with the RRL. Correction of the RRL maintains its integrity which assists licensees with their interference management.

Exemption From Registration Requirements

4.  The following kinds of transmitters do not have to be registered:

 (a) a mobile, portable or indoor fixed transmitter that operates in the 2010‑2025 MHz band with a radiated true mean power within its effective occupied band that is always less than or equal to 21 dBm EIRP per 30 kHz; and

 (b) a fixed outdoor transmitter that operates in the 2010‑2025 MHz band with:

 (i)  a radiated true mean power within its effective occupied band that is always less than or equal to 40 dBm EIRP per 30 kHz; and

 (ii)  an antenna height above ground no greater than 5m.

5.  The level of radiated true mean power for the registration exemption condition is to be estimated with a level of confidence not less than 95 percent that the true level of radiated true mean power remains below the relevant limit plus 2 dB.

Notes:

1. The Radiocommunications (Unacceptable Levels of Interference — 2010‑2025 MHz Band) Determination 2006 sets out the unacceptable levels of interference for the purpose of registering transmitters to be operated under this licence, and is to be used for the issue of certificates by accredited persons under subsection 145 (3) of the Act.

2. Although not mandatory, the registration of receivers is advised because one of the matters ACMA will take into account in settling interference is the time of registration of the receiver involved in the interference.

Residency etc

6. (1) At all times when the licensee derives income, profits or gains from operating radiocommunications devices under this licence or from authorising others to do so:

 (a) the licensee must be an Australian resident; or

 (b) the income, profits or gains must be attributable to a permanent establishment in Australia through which the licensee carries on business.

 (2) At all times when an authorised person derives income, profits or gains from allowing third parties to operate radiocommunications devices under the licence, either:

 (a) the authorised person must be an Australian resident; or

 (b) the income, profits or gains must be attributable to a permanent establishment in Australia through which the authorised person carries on business.

 (3) In this condition:

Australian resident has the same meaning as in the Income Tax Assessment Act 1997.

authorised person means a person authorised under section 68 of the Act by the licensee to operate radiocommunications devices under this licence.

permanent establishment has the same meaning as in:

 (a) if the licensee or authorised person (as appropriate) is a resident of a country or other jurisdiction with which Australia has an agreement, within the meaning of the International Tax Agreements Act 1953 —that agreement; or

 (b) in any other case — the Income Tax Assessment Act 1997.

LICENCE SCHEDULE 4 CONDITIONS INCLUDED BY ACMA

Interference management

1.  In this licence:

manage interference includes:

 (a) investigating the possible causes of the interference; and

 (b) taking all steps reasonably necessary to resolve disputes about interference where more than 1 person is involved; and

 (c) taking steps (or requiring persons authorised to operate devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels; and

 (d) negotiating with other persons to reduce interference to acceptable levels.

Responsibility to manage interference

2.  The licensee must manage:

 (a) interference between radiocommunications devices operated under this licence; and

 (b) interference between radiocommunications devices operated under this licence and under each other spectrum licence held by the licensee.

Co‑sited devices

3. (1) Interference can occur between radiocommunications devices that are co‑sited.

 (2) If:

 (a) interference occurs between a radiocommunications device operated under this licence and any other radiocommunications device located within 200 metres of the first device, and the interference is measured by reference to the location of the phase centre of the antenna used with each device; and

 (b) the interference does not occur because a radiocommunications device is operated in a manner that does not comply with the conditions of the relevant licence; and

 (c) either the licensee or the holder (or third party authorisee) of the other licence wishes to resolve the interference;

  the licensee must take reasonable steps to negotiate arrangements reasonably likely to reduce the interference to acceptable levels with:

 (d) the holder of the other licence; or

 (e) if a site manager is responsible for managing interference at that location — that site manager.

Interference from space operation (Earth‑to‑space) 2025‑2110 MHz and space research (Earth‑to‑space) 2025‑2120 MHz services

4.  Space operation (Earth‑to‑space) and space research (Earth‑to‑space) services operate in the band 2025‑2110 MHz at Gnangara (Perth, Western Australia), New Norcia (Western Australia) and Tidbinbilla (Australian Capital Territory). Space research (Earth‑space) services operate in the band 2110‑2120 MHz at New Norcia (Western Australia) and Tidbinbilla (Australian Capital Territory). Space operation (Earth‑to‑space) and space research (Earth‑to‑space) services operating at those locations in accordance with licence conditions are taken not to cause interference to a radiocommunications device operated under this licence, irrespective of the time of licensing of the space operation (Earth‑to‑space) or space research (Earth‑to space) service.

Note   The effect of this condition is that radiocommunications devices operating under this licence will not be afforded protection from interference caused by earth stations operating in the space operations (Earth‑to‑space) and space research (Earth‑to‑space) services. While the technical framework for 2010‑2025 MHz has been designed to minimise such interference, if interference occurs the onus will be on the spectrum licensee to resolve the interference not the earth station operator. Devices located in line‑of‑sight of earth stations or with minimal terrain isolation from the earth station are more susceptible to interference and spectrum licensees are advised to take particular care in such situations.  In cases where the spectrum licensee is unable to resolve the interference the device operating under the spectrum licence may have to cease operation.

This condition is one of a number of constraints on the operation of spectrum licensing services in areas where space operation (Earth‑to‑space) and space research (Earth‑to‑space) services operate. Other constraints include:

(a) only 10 MHz between 2010‑2020 MHz (rather than 15 MHz) can be offered in Western Australia due to potential interference from the Gnangara space tracking centre; and

(b) a 70 km exclusion zone will need to be imposed around New Norcia in Western Australia in the band to minimise the risk of interference from the space tracking centre at New Norcia. In the band 2010‑2025 MHz no spectrum will be sold in the exclusion zone.

Additional information on  the potential for interference to spectrum licensed receivers in the band 2010‑2025 MHz from earth station transmitters operating in the space operation and space research services at Gnangara (Perth, Western Australia), New Norcia (Western Australia) and Tidbinbilla (Australian Capital Territory) can be found in Spectrum Planning Paper SPP 8/06, July 2006, Interference Study: 2010‑2025 MHz Spectrum Licensed Receivers and Space Operation/Research Earth Station Transmitters.

Interference to space operation (space‑to‑Earth) 2200‑2290 MHz and space research (space‑to‑Earth) 2200‑2300 MHz services

5.  Space operation (space‑to‑Earth) services in the band 2200‑2290 MHz and space research (space‑to‑Earth) services in the band 2200‑2300 MHz operate at Tidbinbilla (Australian Capital Territory). Radiocommunications devices operated under this licence must not cause interference to space operations (space‑to‑Earth) or space research (space‑to‑Earth) services at Tidbinbilla operating in accordance with licence conditions irrespective of the time of licensing of the space operation (space‑to‑Earth) service or space research (space‑to‑Earth) service.

Note   While the technical framework for 2010‑2025 MHz has been designed to minimise such interference to earth stations in the space operations (space‑to‑Earth) and space research (space‑to‑Earth) service, if interference occurs the onus will be on the spectrum licensee to resolve the interference not the operator of the earth station. Devices located in line‑of‑sight of earth stations or with minimal terrain isolation from earth stations are more likely to cause interference and spectrum licensees are advised to take particular care in such situations. In cases where the spectrum licensee is unable to resolve the interference the device operating under the spectrum licence may have to cease operation.

Additional information on space operation (space‑to‑Earth) and space research (space‑to‑Earth) services can be found in Radiocommunications Advisory Guidelines (Protection of Apparatus‑licensed and Class‑licensed Receivers — 2010‑2025 MHz Band) 2006.

Information for Register

6.  The licensee must give ACMA all information ACMA requires from time to time for inclusion in the Register.

International coordination

7.  If operation of a transmitter under this licence causes harmful interference to a receiver that operates in accordance with International Telecommunication Union Radio Regulations and that is located in a country other than Australia, the transmission must cease.

Agreements for purpose of core conditions

8.  A licensee may enter into an agreement for the purpose of:

 (a) core condition 7 (about emission limits outside the geographic area of this licence); or

 (b) core condition 15 (about emission limits outside the frequency band of this licence); or

 (c) both of those core conditions.

  The agreement must be in accordance with the form set out in Schedule 5 to this Licence.

LICENCE SCHEDULE 5 FORM OF AGREEMENT FOR CORE CONDITIONS

 

 

AGREEMENT made [insert date]

BETWEEN A [insert name of party] and  B [insert name of party].

 

1. BACKGROUND

A holds spectrum licence [details of A’s licence].

B holds spectrum licence [details of B’s licence].

 

2. B agrees with A for [core condition 7 or core condition 15 or core conditions 7 and 15] of A’s licence in relation to B’s licence.

 

3. B may terminate this licence at will by notice in writing given to A.

 

SIGNED on behalf of A:

 

SIGNED on behalf of B:

 

LICENCE NOTES

Variation to licence conditions

Note 1 ACMA may, with the written agreement of the licensee, vary this licence by including 1 or more further conditions, or revoking or varying any conditions of the licence. However, the conditions as varied must still comply with the requirements about licence conditions in Subdivision C of Division 1 of Part 3.2 of the Act.

Note 2 ACMA may, by written notice given to the licensee, vary this licence by including 1 or more further conditions or revoking or varying any non core conditions of the licence. However, the licence as varied must still comply with the requirements about licence conditions in Subdivision C of Division 1 of Part 3.2 of the Act.

Guidelines

Note 3 ACMA has issued written Advisory Guidelines under section 262 of the Act about:

 (a) co‑ordinating the operation of transmitters under this licence with apparatus‑licensed or class licensed receivers:

 Radiocommunications Advisory Guidelines (Protection of Apparatus‑licensed and Class‑licensed Receivers — 2010‑2025 MHz Band) 2006

 (b) co‑ordinating the operation of apparatus licensed or class licensed transmitters with receivers operated in the spectrum space of spectrum licences:

 Radiocommunications Advisory Guidelines (Managing Out‑of‑Band Interference from Frequency Adjacent Transmitters in Spectrum Licensed Receivers  2010‑2025 MHz Band) 2006

 (c) ways in which a device can be registered although it does not comply with the requirements of the Radiocommunications (Unacceptable Levels of Interference — 2010‑2025 MHz Band) Determination 2006:

 Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Statement) 1998.

Note 4 The Advisory Guidelines should be read in conjunction with the Radiocommunications (Unacceptable Levels of Interference — 2010‑2025 MHz Band) Determination 2006 made under subsection 145 (4) of the Act. This determination sets out the unacceptable levels of interference for the purpose of the registration of transmitters to be operated under this licence. Licensees (and accredited persons) should follow the Advisory Guidelines before operating transmitters. ACMA intends to afford protection to receivers in accordance with the Advisory Guidelines in the settlement of interference disputes. Copies of the Advisory Guidelines are available from ACMA.

The suspension and cancellation of spectrum licences

Note 5 ACMA may, by written notice given to a licensee, suspend or cancel a spectrum licence where ACMA is satisfied that the licensee, or a person authorised by the licensee to operate a radiocommunications device under the licence, has:

 (a) contravened a condition of the licence; or

 (b) in any other way contravened the Act; or

 (c) operated a radiocommunications device under the licence, or purportedly under the licence, in contravention of any other law of the Commonwealth, a State or a Territory.

Re‑issue

Note 6 A spectrum licence may not be re‑issued to the same licensee without a price‑based allocation procedure unless:

 (a) ACMA is satisfied under subsection 82 (1) of the Act that special circumstances exist as a result of which it would be in the public interest for that licensee to continue to hold that licence; or

 (b) the licensee provides a service of a kind determined by the Minister under subsection 82 (3) of the Act for which reissuing licences to the same licensees would be in the public interest.

Trading

Note 7 (1) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that this is done in accordance with any rules determined by ACMA under section 88 of the Act.

 (2) An assignment under section 85 of the Act of the whole or part of a licence that involves a change to a licence does not take effect until:

 (a) ACMA has been told of the change; and

 (b) the Register of Radiocommunications Licences has been altered to take account of the change.

Appeals

Note 8 An application may be made to ACMA for reconsideration of decisions listed under section 285 of the Act. A person affected by and dissatisfied with the decision may seek a reconsideration of the decision by ACMA under subsection 288 (1) of the Act. This decision can be subject to further reconsideration by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.

Labelling of transmitters

Note 9 Transmitters operated under this licence are to be labelled in accordance with the Radiocommunications (Labelling) Determination 1997.

Schedule 5 Emission limits outside the area

(subsection 2.14 (1))

Part 1 Base emission limits

1.  This Part applies in those parts of the spectrum:

 (a) for which there is no agreement for the purposes of core condition 7 in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

2.  The emission limits outside the area, for frequency bands only containing in‑band frequencies, are:

 (a) for a terrestrial transmitter in the 2010‑2025 MHz band, a transmitter horizontally radiated power of 51 dBm per 30 kHz; and

 (b) for a HAPS transmitter, a transmitter radiated power that would not cause a power flux‑density of ‑136 dBW/m2 (per 30 kHz) to be exceeded at the earth’s surface at any point outside the area.

3.  For this Schedule, the level of emission outside the area is to be estimated with a level of confidence not less than 95 percent that the true level of emission remains below the relevant emission limit plus 2 dB.

4.  For the purposes of paragraph 2, the level of emission is to be estimated after taking into account:

 (a) the kind of antenna; and

 (b) the kind of equipment used with the antenna; and

 (c) the location and immediate physical environment in which the antenna operates.

Part 2 Other emission limits

1.  This Part applies in that part of the spectrum:

 (a) for which there is an agreement in force for the purposes of core condition 7; or

 (b) for which the licensee holds another spectrum licence in the 2010‑2025 MHz band.

2.  The emission limits outside the area are the level that does not cause the base emission limits in Part 1 of this Schedule to be exceeded in any part of the spectrum:

 (a) for which there is no agreement for the purposes of core condition 7 in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

Schedule 6 Emission limits outside the band

(subsection 2.14 (2))

Note   Emission limits outside the band manage levels of:

 (a) modulation and intermodulation products outside the frequency band of the licence               associated with:

 (i) the transmitted information; and

 (ii) where applicable, multicarrier transmitters; and

 (b) transmitter broadband noise; and

 (c) transmitter narrowband signals from frequency combining processes, including  multicoupling of transmitters into an antenna; and

 (d) receiver emissions.

Part 1 Base emission limits

1.  This Part applies in those parts of the spectrum:

 (a) for which there is no agreement for the purposes of core condition 15 in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.

Spurious emission — 2010‑2025 MHz transmitters

2.  For radio emission that is:

 (a) spurious emission; and

 (b) caused by transmitters operating under spectrum licences issued for the 2010‑2025 MHz band; and

 (c) at frequencies outside the frequency band of the licence;

  the emission limit outside the band is a radiated mean power of:

 (d) ‑36 dBm EIRP measured within a 1 kHz rectangular bandwidth that is within the band 9 kHz to 150 kHz; and

 (e) ‑36 dBm EIRP measured within a 10 kHz rectangular bandwidth that is within the band 150 kHz to 30 MHz; and

 (f) ‑36 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 30 MHz to 1 GHz; and

 (g) ‑12 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 1 GHz to 3.7 GHz; and

 (h) ‑30 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 3.7 GHz to 12.75 GHz.

Non‑spurious emissions inside the designated band — 2010‑2025 MHz transmitters

3. (1) For radio emission that is:

 (a) not spurious emission; and

 (b) caused by a transmitter operating under a spectrum licence issued for the 2010‑2025 MHz band that is:

 (i) exempt from registration; or

 (ii) registered as part of a group with an effective radius greater than zero kilometres; and

 (c) at frequencies outside the frequency band of this licence; and

 (d) offset from the upper and lower limits of the frequency band;

  the emission limits outside the band are for frequency bands containing frequencies that have offsets:

 (e) within the range 0 kHz to 0.4 MHz — a radiated maximum true mean power of 4 dBm EIRP per 30 kHz; and

 (f) within the range 0.4 MHz to 5 MHz — a radiated maximum true mean power of ‑16 dBm EIRP per 30 kHz; and

 (g) greater than 5 MHz — a radiated maximum true mean power of ‑25 dBm EIRP per 30 kHz.

 (2) For radio emission that is:

 (a) not spurious emission; and

 (b) caused by a transmitter operating under a spectrum licence issued for the 2010‑2025 MHz band that is:

 (i) registered as an individual transmitter; or

 (ii) registered as part of a group with an effective radius of zero kilometres; and

 (c) at frequencies outside the frequency band of this licence; and

 (d) offset from the upper and lower limits of the frequency band;

  the emission limits outside the band are for frequency bands containing frequencies that have offsets:

 (e) within the range 0 kHz to 400 kHz — a radiated maximum true mean power of ‑16 dBm EIRP per 30 kHz; and

 (f) within the range 400 kHz to 450 kHz — a radiated maximum true mean power of ‑20 dBm EIRP per 30 kHz; and

 (g) greater than 450 kHz — a radiated maximum true mean power of ‑61 dBm EIRP per 30 kHz; and

 (h) within the range 400 kHz to 450 kHz — a radiated peak power of ‑20 dBm EIRP per 30 kHz.

 (3) However, at frequencies outside the designated band 2010‑2025 MHz, the limits of clause 4 apply.

Non‑spurious emissions outside the designated band — 2010‑2025 MHz transmitters

4. (1)  For radio emission that is:

 (a) not spurious emission; and

 (b) caused by a transmitter operating under a spectrum licence issued for the 2010‑2025 MHz band that is:

 (i) exempt from registration; or

 (ii) registered as part of a group with an effective radius greater than zero kilometres; and

 (c) at frequencies outside the frequency band 2010‑2025 MHz; and

 (d) offset from the upper and lower limits of the frequency band;

  the emission limits outside the band are for frequency bands containing frequencies that have offsets:

 (e) within the range 0 kHz to 0.4 MHz — a radiated maximum true mean power of 4 dBm EIRP per 30 kHz; and

 (f) within the range 0.4 MHz to 5 MHz — a radiated maximum true mean power of ‑16 dBm EIRP per 30 kHz; and

 (g) greater than 5 MHz — a radiated maximum true mean power of ‑25 dBm EIRP per 30 kHz.

 (2) For radio emission that is:

 (a) not spurious emission; and

 (b) caused by a transmitter operating under a spectrum licence issued for the 2010‑2025 MHz band that is:

 (i) registered as an individual transmitter; or

 (ii) registered as part of a group with an effective radius of zero kilometres; and

 (c) at frequencies outside the frequency band of this licence; and

 (d) offset from the upper and lower limits of the frequency band;

  the emission limits outside the band are for frequency bands containing frequencies that have offsets:

 (e) within the range 0 kHz to 400 kHz — a radiated maximum true mean power of ‑16 dBm EIRP per 30 kHz; and

 (f) within the range 400 kHz to 1 MHz — a radiated maximum true mean power of ‑20 dBm EIRP per 30 kHz; and

 (g) greater than 1 MHz — a radiated maximum true mean power of ‑30 dBm EIRP per 30 kHz; and

 (h) within the range 400 kHz to 450 kHz — a radiated peak power of ‑20 dBm EIRP per 30 kHz.

2010‑2025 MHz receivers

5.  For radio emission that is;

 (a) caused by receivers operating under spectrum licences issued for the 2010‑2025 MHz band; and

 (b) at frequencies outside the frequency band of the licence;

  the emission limit outside the band is a radiated mean power of:

 (c) ‑57 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 9 kHz to 1 GHz; and

 (d) ‑33 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 1 GHz to 3.7 GHz; and

 (c) ‑47 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 3.7 GHz to 12.75 GHz.

6.  For the purposes of clause 5, the level of emission is to be estimated after taking into account:

 (a) the kind of antenna; and

 (b) the kind of equipment used with the antenna; and

 (c) the location and immediate physical environment in which the antenna operates.

Part 2 Other emission limits

1.  This Part applies in that part of the spectrum:

 (a) for which there is an agreement in force for the purposes of core condition 15; or

 (b) for which the licensee holds another spectrum licence in the 2010‑2025 MHz band.

2.  The emission limits outside the band are the level that does not cause the base emission limits in Part 1 of this Schedule to be exceeded in any part of the spectrum:

 (a) for which there is no agreement for the purposes of core condition 15 in force; and

 (b) for which the licensee does not hold another spectrum licence in the 2010‑2025 MHz band.