Radiocommunications Spectrum Marketing Plan (28 GHz and 31 GHz Bands) 1998
THE AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Marketing Plan under sections 39 and 39A of the Radiocommunications Act 1992.
Dated 11 November 1998
A.J SHAW
Chairman
R HORTON
Deputy Chairman
AUSTRALIAN COMMUNICATIONS AUTHORITY
______________________
CONTENTS
Clause No.
PART 1‑ PRELIMINARY
1.1 Title
1.2 Commencement
1.3 Purpose
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 lots 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 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 Duration of licences
2.16 Registration of licences
2.17 Trading in licences
2.18 Spectrum licences that are about to expire
2.19 Re-issue of spectrum licences
PART 3 ‑ SPECTRUM USAGE AND COMPATIBILITY
3.1 Compatibility requirements
SCHEDULES
Schedule 1 Description of lots
Schedule 2 Coordinates of geographic areas
Schedule 3 Sample Licence Schedules
Schedule 4 Emission limits outside the area
Schedule 5 Emission limits outside the band
____________________
Summary of marketing plan
The Minister for Communications, Information Technology and the Arts has made a designation under s.36 and a declaration under s.153B of the Radiocommunications Act 1992 about the 28 GHz and 31 GHz bands. The effect of these documents is that:
the spectrum in the 28 GHz band, and the unencumbered spectrum in the 31 GHz band, is subject to allocation by issuing spectrum licences; and
the part of the spectrum in the 31 GHz band that is affected by apparatus licences is subject to re-allocation by issuing spectrum licences.
The declaration of the spectrum in the 31 GHz band sets a “re-allocation period” during which it is intended that the spectrum licences will be allocated. Any apparatus licences that came into force after 1 February 1998 in a part of the spectrum covered by a declaration will be cancelled automatically at the end of the re-allocation period (s.153H of the Act).
The Act also requires that each declaration must set a “re-allocation deadline”. This deadline is significant because 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 deadline, the declaration is taken to have been revoked immediately after the deadline (s.153K of the Act).
A summary of the overall process for both bands is as follows:
Parts of the 28 GHz and 31 GHz bands 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 auction (details are in the Allocation Determination).
The ACA will advertise details of the auction as soon as practicable after this Plan is published. Interested parties must register before the closing date to take part in the auction.
The successful applicant for a lot will be entitled to have a spectrum licence issued that includes the lot as soon as practicable after the ACA has received payment of the final bid price for the lot and the spectrum access charge (s.62 (2) of the Act).
A spectrum licence will contain core conditions and conditions relating to other aspects of spectrum use (ss.66-71 of the Act). An example of a 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 (s.65 of the Act). This period cannot be longer than 15 years. The ACA intends that all licences for a particular band be in force for 15 years.
The ACA will publish information on licences that are due to expire during the 2 years before the expiry date (s.78 of the Act). 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 (ss.80, 81). Only in special circumstances will the ACA re-issue spectrum licences to existing licensees without conducting a re-allocation (s.82).
PART 1‑PRELIMINARY
Title
1.1 This Plan is called the Radiocommunications Spectrum Marketing Plan (28 GHz and 31 GHz Bands) 1998.
Commencement
1.2. This Plan commences on 11 November 1998.
Purpose
1.3. (1) This Plan sets out procedures for issuing spectrum licences that authorise the operation of radiocommunications devices in the 28 GHz band and the 31 GHz band, and the conditions that will be included in those licences.
Note: [NOTE: The 28 GHz band is being allocated and the 31 GHz band is being re-allocated - see the designation under s.36 of the Act and the re-allocation declaration under s.153B of the Act made by the Minister. Copies are available from the ACA]
(2) This Plan also sets out matters a licensee must take into account in operating devices under a licence.
Interpretation
1.4. In this Plan:
Act means the Radiocommunications Act 1992.
adjacent channel selectivity means a measure of the ability of the receiver to receive a wanted signal without the output quality exceeding a specified degradation due to the presence of an unwanted adjacent channel signal.
Advisory Guidelines means the following documents made by the ACA under s. 262 of the Act, as in force from time to time:
(a) Radiocommunications Advisory Guidelines (Managing Interference from Non-spectrum-licensed Transmitters28 GHz and 31 GHz Bands) 1998;
(b) Radiocommunications Advisory Guidelines (Protection of Non-spectrum-licensed Receivers28 GHz and 31 GHz Bands) 1998.
Allocation Determination means the Radiocommunications (Spectrum Licence Allocation) Determination (No. 2) 1998 as in force from time to time.
axis of the main beam, for an antenna, means a line from the phase centre of the antenna through the direction of maximum gain;
blocking means a measure of the ability of a receiver to receive a wanted signal without the output quality exceeding a specified degradation caused by the presence of a high level off-tune signal increasing the non-linearity of the receiver’s front-end;
broadband emissions means emissions that are modulation or intermodulation products caused by transmitted information, broadband noise or emissions caused by switching transients;
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;
harmful interference means interference that endangers the functioning of a radionavigation service or another safety service or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service;
in-band, for a transmitter operated under a licence, means the frequencies within a frequency band to which the licence relates;
indoor, for a fixed transmitter, means a transmitter having an antenna with its phase centre located within, and at least 5 metres from the external surface of, an enclosed space.
intermodulation immunity means a measure of the ability of a receiver to receive a wanted signal without the output quality exceeding a specified degradation caused by the presence of 2 or more unwanted signals with a specific amplitude and frequency relationship to the wanted signal frequency;
lot means a part of the spectrum described in Clause 2.2;
maximum true mean power means the true mean power measured in a 1 MHz 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 1 MHz 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.
narrowband emissions means emissions that are not broadband emissions;
narrow beamwidth receiver means a receiver using an antenna with a half-power beamwidth that does not exceed 5 degrees in any plane through the axis of the main beam of the antenna;
narrow beamwidth transmitter means a transmitter using an antenna with a half-power beamwidth that does not exceed 5 degrees in any plane through the axis
of the main beam of the antenna;
outdoor, for a fixed transmitter, means a fixed transmitter that is not an indoor fixed transmitter;
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 the ACA and set out in column 3 of Schedule 1 opposite the number of the lot;
radiated power, for a radiocommunications device, is specified in units of dBm
and means the product of:
(a) the maximum true mean power, within the frequency
band of the licence authorising the operation of the device; and
(b) the maximum antenna gain relative to an isotropic antenna.
spectrum map grid means the map grid developed by the ACA for Australia, showing cells the sides of which measure 3 degrees of arc, 1 degree of arc or 5 minutes of arc, published by the ACA;
spurious response immunity means a measure of the ability of the receiver to discriminate between the wanted signal at its nominal frequency and an unwanted signal at any frequency at which the receiver responds;
standard trading unit (STU) means a parcel of spectrum space that consists of a geographic area equal to a cell of the spectrum map grid and a frequency band having lower and upper frequency limits defined by:
(a) 27.5 + n x 0.05 GHz and 27.5 + (n+1) x 0.05 GHz respectively,
where n is an integer from 0 to 16 (inclusive); or
(b) 31 + n x 0.05 GHz and 31 + (n+1) x 0.05 GHz respectively,
where n is an integer from 0 to 5 (inclusive).
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.
wide beamwidth receiver means any receiver that is not a narrow beamwidth receiver;
wide beamwidth transmitter means any transmitter that is not a narrow beamwidth transmitter;
28 GHz band means the frequency band 27.5 GHz - 28.35 GHz ;
31 GHz band means the frequency band 31 GHz - 31.3 GHz .
(2) In this Plan, the range of numbers that identifies a frequency band includes the higher, but not the lower, number.
[NOTE: A number of expressions used in this Plan are defined in the Act, including:
ACA
licensee
apparatus licence
public or community service
core condition
spectrum licence.]
frequency band
(2) A reference to the allocation of a lot includes a reference to the re-allocation of a lot.
PART 2‑ALLOCATION OF SPECTRUM LICENCES
Issue of spectrum licences
2.1. (1) The ACA will issue spectrum licences for the 28 GHz and 31 GHz bands.
[NOTE: Apparatus licences are in force for part of the 31 GHz band, and spectrum licences for that part will be issued by way of re-allocation.]
(2) The ACA 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 28 GHz and 31 GHz bands will be reserved for public or community services.
Identification of lots
2.2. (1) The ACA has divided into lots the parts of the spectrum that have been designated or declared for allocation by the Minister.
(2) Each lot represents a part of the spectrum that is defined in terms of its geographic area and frequency bands.
(3) The geographic area of a lot is the area described in Schedule 2 for the lot.
(4) Each lot has the same bandwidth. The frequency bands of a lot that has the geographic area mentioned in a table in Schedule 2 comprise:
(a) 850 MHz in the band from 27.5 GHz to 28.35 GHz; and
(b) 300 MHz in the band from 31 GHz to 31.3 GHz.
Allocation of lots
2.3. (1) Lots will be allocated and will then become the subject of spectrum licences.
(2) After the lots have been allocated in accordance with this Plan, the ACA will issue spectrum licences under section 62 of the Act.
How lots will be allocated
2.4. (1) The first allocation will be by simultaneous ascending auction, in accordance with the procedures set out in the Allocation Determination.
Note: [NOTE: The Determination sets out the procedures for allocating spectrum licences by a simultaneous ascending auction.]
(2) All of the lots listed in Schedule 1 will be available for auction at the same time.
(3) The ACA may hold further allocations by a means to be determined by the ACA under section 60 of the Act.
(4) However, the ACA will not hold an auction if:
(a) the total amount of bandwidth nominated for each area by all applicants for the area is not more than the bandwidth available for the area; and
(b) the ACA 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 or withdraws from the allocation process.
Note: [Note: In this case, the ACA will allocate the licences for a pre-determined price - see Part 3 of the Radiocommunications (Spectrum Licence Allocation) Determination (No. 2) 1998.]
Lot ratings
2.5. (1) Each lot has a lot rating.
(2) The lot rating is the rating fixed by the ACA for each lot by:
(a) multiplying the population of the lot and the bandwidth of the lot in MHz;
(b) then dividing the result by 100,000;
(c) then rounding down to the nearest whole number.
(3) The lot rating for a lot is the value set out in column 4 in Schedule 1 for the lot.
(4) The lot rating is used as the basis for working out the eligibility payment payable by an applicant, and the applicant’s initial eligibility. Details of these are in clauses 2.6 and 2.7 of the Allocation Determination.
Advertising auction
2.6. (1) The ACA will advertise details of the auction as soon as practicable after this Plan is published.
(2) Details of the advertisement are set out in clause 2.2 of the Allocation Determination.
Registration
2.7. (1) The advertisement will invite people to apply to register for the auction.
(2) The ACA will send interested people an Applicant Information Package that contains more detail about registration requirements and the auction process. Details of what is in the Package are in clause 2.3 of the Allocation Determination.
(3) Anyone wishing to take part in the auction must apply to register by the closing date in the advertisement. Details of how to apply are in clauses 2.4 and 2.5 of the Allocation Determination.
Amount of eligibility payment
2.8. An applicant for registration must pay an eligibility payment. The amount of eligibility payment payable is based on the eligibility nominated by the applicant in the application for registration.
Note: [Note: To find out how the eligibility payment is worked out see clause 2.7 of the Allocation Determination.]
Entitlement to licence
2.9. A successful applicant for a lot is entitled to be issued a licence for that lot as soon as practicable after the final bid price is received by the ACA.
Note: [Note: Details of payment requirements are in Part 5 of the Allocation Determination.]
Sample licence
2.10. Schedule 3 sets out:
(a) a sample spectrum licence; and
(b) the conditions that may be included in a spectrum licence that is issued for spectrum in the 28 GHz and 31 GHz bands.
Core licence conditions
2.11. (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.
Other licence conditions
2.12. The licence will also include conditions about:
(a) payment of charges (section 67 of the Act); and
(b) use by third parties (section 68); and
(c) registration of transmitters (section 69); and
(d) other matters that the ACA may include in the licence (section 71).
Determination of core licence conditions
2.13. (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 that cover the lots allocated to the licensee.
[NOTE: Each lot has the same bandwidth see clause 2.2.]
Emission limits
2.14. (1) The emission limits outside the area for all licences are worked out in accordance with Schedule 4.
(2) The emission limits outside the band for all licences are worked out in accordance with Schedule 5.
Note: [NOTE: These core conditions may be varied with the licensee’s agreement - see s. 72 of the Act.]
Duration of licences
2.15. The licences issued under this Plan will be for fixed terms of 15 years.
Note: [NOTE: S.65 of the Act provides that the maximum duration of a spectrum licence is 15 years.]
Registration of licences
2.16. (1) The ACA will register licences, as required by section 144 of the Act.
Note: [NOTE: Details about registration are in the Radiocommunications (Register of Radiocommunications Licences) Determination 1997.]
(2) Each spectrum licence will include a condition that prohibits operation of a transmitter unless the requirements under Part 3.5 of the Act to have the transmitter registered have been met.
[NOTE: see s.69 of the Act.]
(3) Transmitters that are part of a group of transmitters may be registered individually or as a group.
(4) The ACA does not propose to register mobile transmitters or fixed indoor transmitters.
Trading in licences
2.17. 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 the licence. The ACA will determine rules under section 88 of the Act to regulate trading in licences. The rules will restrict trading to whole standard trading units.
Spectrum licences that are about to expire
2.18. (1) As required by section 78 of the Act, the ACA 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 people who want to have these licences issued to them.
(2) The information will also be available from any of the ACA’s Area Offices.
(3) The ACA will also send licensees regular reminders during the last 2 years of the term of their licences that the licences are due to expire.
Re-issue of spectrum licences
2.19. (1) The ACA 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 pre-determined or negotiated price. In re-allocating the licences, the ACA 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, the ACA 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 3SPECTRUM USAGE AND COMPATIBILITY
Compatibility Requirements
3.1. (1) The compatibility requirements for the receivers of various non-spectrum licensed services in the 28 GHz band and 31 GHz band and in adjacent frequency bands are set out in Advisory Guidelines. The substance of these requirements and recommended methods of coordinating radiocommunications services to be operated in spectrum licensed space are also set out in the Advisory Guidelines. The Advisory Guidelines provide a means of coordinating services operating under spectrum licences with other services operating under other licences. Each licensee must ensure that the operation of their service does not cause interference to other services which they are obliged to protect.
(2) These requirements apply to a receiver that:
(a) operates or will operate under a non-spectrum licence; and
(b) is outside:
(i) the frequency bands of spectrum licences; or
(ii) the geographic areas of spectrum licences; and
(c) operates inside the frequency bands and geographic areas to be subject to spectrum licenses.
______________________
SCHEDULE 1
Clauses 1.4, 2.4(2), 2.5(3)
DESCRIPTION OF LOTS
Lot Number
Allocation Area
Population
Lot Rating
1
Perth
1,197,869
13,775
2
South West WA
245,022
2,817
3
Remote Australia
357,367
4,109
4
Darwin
161,813
1,860
5
Cairns
252,594
2,904
6
Townsville
219,465
2,523
7
Rockhampton
241,103
2,772
8
Sunshine Coast
337,596
3,882
9
Inner West Queensland
275,134
3,164
10
Brisbane
1,349,161
15,515
11
Gold Coast
361,854
4,161
12
Northern NSW
420,732
4,838
13
Central West NSW
313,855
3,609
14
Riverland
163,342
1,878
15
Spencer Gulf
170,961
1,966
16
Adelaide
1,099,365
12,642
17
Mount Gambier
96,474
1,109
18
Geelong
343,630
3,951
19
Bendigo
350,478
4,030
20
Melbourne
3,058,427
35,171
21
Albury
274,716
3,159
22
Bathurst
277,943
3,196
23
Newcastle
576,639
6,631
24
Sydney
3,455,867
39,742
25
Wollongong
369,461
4,248
26
South Coast
436,995
5,025
27
Eastern Victoria
230,822
2,654
28
Launceston
245,403
2,822
29
Hobart
238,275
2,740
___________________
SCHEDULE 2
Clauses 1.4, 2.13(1), 2.2 (3), 2.2 (4)
COORDINATES OF GEOGRAPHIC AREAS
Description: The geographic area of a lot is the area of land described in a table below, bounded by a line starting at the intersection of the first coordinates listed in the table for the area and then bounded by a line passing sequentially through the intersection of each set of coordinates shown in the table to the point of commencement.
ADELAIDE
East
South
138 00 0
34 25 0
139 00 0
34 25 0
139 00 0
37 00 0
138 00 0
37 00 0
138 00 0
34 25 0
ALBURY
East
South
145 00 0
35 00 0
146 00 0
35 00 0
146 00 0
35 20 0
148 15 0
35 20 0
148 15 0
36 50 0
147 20 0
36 50 0
147 20 0
36 55 0
145 00 0
36 55 0
145 00 0
35 00 0
BATHURST
East
South
149 45 0
31 50 0
150 10 0
31 50 0
150 10 0
34 05 0
149 55 0
34 05 0
149 55 0
35 00 0
148 15 0
35 00 0
148 15 0
35 20 0
147 10 0
35 20 0
147 10 0
34 05 0
147 55 0
34 05 0
147 55 0
33 30 0
148 35 0
33 30 0
148 35 0
32 50 0
149 20 0
32 50 0
149 20 0
32 20 0
149 45 0
32 20 0
149 45 0
31 50 0
BENDIGO
East
South
143 00 0
35 00 0
145 00 0
35 00 0
145 00 0
36 55 0
144 35 0
36 55 0
144 35 0
37 45 0
143 20 0
37 45 0
143 20 0
36 55 0
143 00 0
36 55 0
143 00 0
35 00 0
BRISBANE
East
South
152 30 0
26 50 0
154 00 0
26 50 0
154 00 0
27 45 0
152 30 0
27 45 0
152 30 0
26 50 0
CAIRNS
East
South
139 00 0
10 00 0
143 00 0
10 00 0
143 00 0
11 00 0
144 00 0
11 00 0
144 00 0
14 00 0
146 00 0
14 00 0
146 00 0
16 00 0
147 00 0
16 00 0
147 00 0
19 00 0
139 00 0
19 00 0
139 00 0
10 00 0
CENTRAL WEST NSW
East
South
142 00 0
28 00 0
149 00 0
28 00 0
149 00 0
29 00 0
151 00 0
29 00 0
151 00 0
31 50 0
149 45 0
31 50 0
149 45 0
32 20 0
149 20 0
32 20 0
149 20 0
32 50 0
148 35 0
32 50 0
148 35 0
33 30 0
147 55 0
33 30 0
147 55 0
34 05 0
147 10 0
34 05 0
147 10 0
35 20 0
146 00 0
35 20 0
146 00 0
35 00 0
143 00 0
35 00 0
143 00 0
34 00 0
142 00 0
34 00 0
142 00 0
28 00 0
DARWIN
East
South
132 00 0
10 00 0
139 00 0
10 00 0
139 00 0
19 00 0
130 00 0
19 00 0
130 00 0
11 00 0
132 00 0
11 00 0
132 00 0
10 00 0
EASTERN VICTORIA
East
South
147 20 0
36 50 0
148 25 0
36 50 0
148 25 0
36 55 0
148 40 0
36 55 0
148 40 0
37 00 0
148 45 0
37 00 0
148 45 0
37 05 0
148 55 0
37 05 0
148 55 0
37 10 0
149 20 0
37 10 0
149 20 0
37 15 0
149 30 0
37 15 0
149 30 0
37 20 0
149 45 0
37 20 0
149 45 0
37 25 0
150 00 0
37 25 0
150 00 0
38 00 0
149 00 0
38 00 0
149 00 0
40 00 0
146 00 0
40 00 0
146 00 0
39 00 0
145 40 0
39 00 0
145 40 0
36 55 0
147 20 0
36 55 0
147 20 0
36 50 0
GEELONG
East
South
142 00 0
36 00 0
143 00 0
36 00 0
143 00 0
36 55 0
143 20 0
36 55 0
143 20 0
37 45 0
144 35 0
37 45 0
144 35 0
38 00 0
144 45 0
38 00 0
144 45 0
38 15 0
144 40 0
38 15 0
144 40 0
39 00 0
142 00 0
39 00 0
142 00 0
36 00 0
GOLD COAST
East
South
152 30 0
27 45 0
154 00 0
27 45 0
154 00 0
28 20 0
152 30 0
28 20 0
152 30 0
27 45 0
HOBART
East
South
145 00 0
42 00 0
149 00 0
42 00 0
149 00 0
44 00 0
145 00 0
44 00 0
145 00 0
42 00 0
INNER WEST QLD
East
South
148 00 0
24 00 0
151 00 0
24 00 0
151 00 0
26 00 0
152 30 0
26 00 0
152 30 0
28 20 0
152 05 0
28 20 0
152 05 0
29 00 0
149 00 0
29 00 0
149 00 0
28 00 0
148 00 0
28 00 0
148 00 0
24 00 0
LAUNCESTON
East
South
143 00 0
39 00 0
146 00 0
39 00 0
146 00 0
40 00 0
149 00 0
40 00 0
149 00 0
42 00 0
144 00 0
42 00 0
144 00 0
41 00 0
143 00 0
41 00 0
143 00 0
39 00 0
MELBOURNE
East
South
144 35 0
36 55 0
145 40 0
36 55 0
145 40 0
39 00 0
144 40 0
39 00 0
144 40 0
38 15 0
144 45 0
38 15 0
144 45 0
38 00 0
144 35 0
38 00 0
144 35 0
36 55 0
MOUNT GAMBIER
East
South
139 00 0
36 00 0
142 00 0
36 00 0
142 00 0
39 00 0
140 00 0
39 00 0
140 00 0
38 00 0
139 00 0
38 00 0
139 00 0
36 00 0
NEWCASTLE
East
South
150 10 0
31 50 0
153 00 0
31 50 0
153 00 0
33 00 0
152 00 0
33 00 0
152 00 0
33 15 0
150 10 0
33 15 0
150 10 0
31 50 0
NORTHERN NSW
East
South
152 05 0
28 20 0
154 00 0
28 20 0
154 00 0
32 00 0
153 00 0
32 00 0
153 00 0
31 50 0
151 00 0
31 50 0
151 00 0
29 00 0
152 05 0
29 00 0
152 05 0
28 20 0
PERTH
East
South
115 00 0
31 00 0
116 35 0
31 00 0
116 35 0
33 00 0
115 00 0
33 00 0
115 00 0
31 00 0
REMOTE AUSTRALIA
East
South
124 00 0
13 00 0
130 00 0
13 00 0
130 00 0
19 00 0
146 00 0
19 00 0
146 00 0
21 00 0
148 00 0
21 00 0
148 00 0
28 00 0
139 00 0
28 00 0
139 00 0
31 00 0
129 00 0
31 00 0
129 00 0
33 00 0
125 00 0
33 00 0
125 00 0
34 00 0
124 00 0
34 00 0
124 00 0
35 00 0
119 00 0
35 00 0
119 00 0
31 00 0
118 00 0
31 00 0
118 00 0
28 00 0
115 00 0
28 00 0
115 00 0
25 00 0
113 00 0
25 00 0
113 00 0
21 00 0
115 00 0
21 00 0
115 00 0
19 00 0
121 00 0
19 00 0
121 00 0
16 00 0
124 00 0
16 00 0
124 00 0
13 00 0
RIVERLAND
East
South
139 00 0
28 00 0
142 00 0
28 00 0
142 00 0
34 00 0
143 00 0
34 00 0
143 00 0
36 00 0
139 00 0
36 00 0
139 00 0
28 00 0
ROCKHAMPTON
East
South
148 00 0
21 00 0
151 00 0
21 00 0
151 00 0
23 00 0
152 00 0
23 00 0
152 00 0
24 00 0
148 00 0
24 00 0
148 00 0
21 00 0
SOUTH COAST NSW
East
South
148 15 0
35 00 0
151 00 0
35 00 0
151 00 0
38 00 0
150 00 0
38 00 0
150 00 0
37 25 0
149 45 0
37 25 0
149 45 0
37 20 0
149 30 0
37 20 0
149 30 0
37 15 0
149 20 0
37 15 0
149 20 0
37 10 0
148 55 0
37 10 0
148 55 0
37 05 0
148 45 0
37 05 0
148 45 0
37 00 0
148 40 0
37 00 0
148 40 0
36 55 0
148 25 0
36 55 0
148 25 0
36 50 0
148 15 0
36 50 0
148 15 0
35 00 0
SOUTH WEST WA
East
South
112 00 0
25 00 0
115 00 0
25 00 0
115 00 0
28 00 0
118 00 0
28 00 0
118 00 0
31 00 0
119 00 0
31 00 0
119 00 0
36 00 0
116 00 0
36 00 0
116 00 0
35 00 0
114 00 0
35 00 0
114 00 0
33 00 0
116 35 0
33 00 0
116 35 0
31 00 0
114 00 0
31 00 0
114 00 0
29 00 0
113 00 0
29 00 0
113 00 0
26 00 0
112 00 0
26 00 0
112 00 0
25 00 0
SPENCER GULF
East
South
129 00 0
31 00 0
139 00 0
31 00 0
139 00 0
34 25 0
138 00 0
34 25 0
138 00 0
37 00 0
136 00 0
37 00 0
136 00 0
36 00 0
135 00 0
36 00 0
135 00 0
34 00 0
134 00 0
34 00 0
134 00 0
33 00 0
132 00 0
33 00 0
132 00 0
32 00 0
129 00 0
32 00 0
129 00 0
31 00 0
SUNSHINE COAST
East
South
151 00 0
24 00 0
154 00 0
24 00 0
154 00 0
26 50 0
152 30 0
26 50 0
152 30 0
26 00 0
151 00 0
26 00 0
151 00 0
24 00 0
SYDNEY
East
South
150 10 0
33 15 0
152 00 0
33 15 0
152 00 0
34 05 0
150 10 0
34 05 0
150 10 0
33 15 0
TOWNSVILLE
East
South
146 00 0
19 00 0
149 00 0
19 00 0
149 00 0
20 00 0
150 00 0
20 00 0
150 00 0
21 00 0
146 00 0
21 00 0
146 00 0
19 00 0
WOLLONGONG
East
South
149 55 0
34 05 0
152 00 0
34 05 0
152 00 0
35 00 0
149 55 0
35 00 0
149 55 0
34 05 0
___________________
SCHEDULE 3
Clause 2.10
SAMPLE LICENCE SCHEDULES
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 a notice of designation or re-allocation declaration:
LICENCE SCHEDULE 1
LICENCE AND TECHNICAL DETAILS
Part 1 - Licence Details
Item
1
Name of LicenseeAddress of Licensee
2
Client Number
3
Band Release
4
Date of Licence Effect
5
Date of Licence Expiry
6
Licence Number
7
Date of Licence Issue
8
Issuing Officer
Part 2 - Technical Details
Item
9
Upper limit of frequency band
10
Lower limit of frequency band
11
Offsets for core condition 3(a)
12
Offsets for core condition 3(b)
13
Power conversion function k1(d) for core condition 3
14
Power conversion function k2(d) for core condition 3
The area within which operation of radiocommunication devices is authorised by this licence is as follows:
(a) the total area included within an aggregation of the Specified Areas:
SCHEDULE 3 continued
[Description of Included Specified Areas]
(b) but excluding the Specified Areas:
[Description of Excluded Specified Areas].
In this part, a ‘Specified Area’, in relation to each of the areas mentioned in a table below:
[Description of Tables for each Specified Area],
is the area of land described in the table, bounded by a line starting at the intersection of the first set of latitude and longitude coordinates specified in degrees, minutes, seconds and set out as item 1 of the relevant table and passing through the intersection of each consecutive set of coordinates listed for that table and then returning to the first intersection.
SCHEDULE 3 continued
LICENCE SCHEDULE 2
CORE CONDITIONS
Frequency Band
This licence authorises the operation of radiocommunications devices in the frequency bands that consist 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
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
The emission limits outside the geographic area set out at Part 3 of Schedule 1 are:
(a) for frequency bands only containing frequencies outside the upper and lower frequency limits of the licence by the offsets set out in item 11 of Part 2 of Schedule 1 - a radiated power of P1 dBm EIRP per 1 MHz; and
(b) for frequency bands only containing frequencies outside the upper and lower frequency limits of the licence by the offsets set out in item 12 of Part 2 of Schedule 1 - a radiated power of P2 dBm EIRP per 1 MHz;
where:
P1 = 70 - k1(d); and
P2 = 70 - k2(d);
where:
d is the distance in kilometres of the device from the boundary of the geographic area; and
k1(d) and k2(d) are the power conversion functions set out at Items 13 and 14 of Part 2 of Schedule 1, respectively.
Emission Limits Outside the Band
For radio emission that is broadband emission from wide beamwidth transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:
(a) for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the frequency band of the licence by offsets within
SCHEDULE 3 continued
LICENCE SCHEDULE 2 continued
the range set out at item 15 of Part 2 of Schedule 1 - the radiated maximum true mean power set out at Item 16 of Part 2 of Schedule 1 of this licence; and
(b) for frequency bands only containing frequencies that are removed from the upper and lower frequency limits 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 set out at Item 18 of Part 2 of Schedule 1; and
(c) for frequency bands only containing frequencies that are removed from the lower and upper frequency limits of the licence by offsets within the range set out at item 19 of Part 2 of Schedule 1 of this licence - the radiated peak power set out at item 20 of Part 2 of Schedule 1.
5. For radio emission that is broadband emission from narrow beamwidth transmitters at frequencies outside the frequency band of the licence, the emission limits outside the band are:
(a) for frequency bands only containing frequencies that are removed from the upper and 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 set out at Item 22 of Part 2 of Schedule 1 of this licence; and
(b) for frequency bands only containing frequencies that are removed from the upper and lower frequency limits 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 set out at Item 24 of Part 2 of Schedule 1; and
(c) for frequency bands only containing frequencies that are removed from the lower and upper frequency limits of the licence by offsets within the range set out at item 25 of Part 2 of Schedule 1 of this licence - the radiated peak power set out at item 26 of Part 2 of Schedule 1.
6. For radio emission that is narrowband emission from wide beamwidth 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 27 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 28 of Part 2 of Schedule 1; and
(b) a radiated mean power set out at item 29 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 30 of Part 2 of Schedule 1; and
(c) a radiated mean power set out at item 31 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 32 of Part 2 of Schedule 1.
SCHEDULE 3 continued
LICENCE SCHEDULE 2 continued
7. For radio emission that is narrowband emission from narrow beamwidth 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 33 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 34 of Part 2 of Schedule 1; and
(b) a radiated mean power set out at item 35 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 36 of Part 2 of Schedule 1; and
(c) a radiated mean power set out at item 37 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 38 of Part 2 of Schedule 1.
For radio emission from wide beamwidth receivers, 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 100 kHz rectangular bandwidth that is within the band set out at item 40 of Part 2 of Schedule 1; and
(b) a radiated mean power set out at item 41 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 42 of Part 2 of Schedule 1; and
(c) a radiated mean power set out at item 43 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 44 of Part 2 of Schedule 1.
For radio emission from narrow beamwidth receivers, the emission limits outside the band are:
(a) 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; and
(b) a radiated mean power set out at item 47 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 48 of Part 2 of Schedule 1; and
(c) a radiated mean power set out at item 49 of Part 2 of Schedule 1 and measured within a 1 MHz rectangular bandwidth that is within the band set out at item 50 of Part 2 of Schedule 1.
SCHEDULE 3 continued
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 subsection 53 (1) of the Australian Communications Authority Act 1997.
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 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 the ACA 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 the ACA 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.
Exemption from registration requirements
The following kinds of transmitters do not have to be registered:
(a) a mobile transmitter; or
(b) an indoor fixed transmitter; or
(c) a receiver that is also a transmitter because it radiates narrowband emission.
[NOTES: 1. The Determination that sets out the unacceptable levels of interference for the purpose of registering transmitters to be operated under this licence, and which is to be used for the issue of certificates by accredited persons under s. 145(3) of the Act is set out at Item 51 of Part 2 of Schedule 1 of this licence.
Although not mandatory, the registration of receivers is advised because one of the matters the ACA will take into account in settling interference is the time of registration of the receiver involved in the interference.]
SCHEDULE 3 continued
LICENCE SCHEDULE 4
CONDITIONS INCLUDED BY THE ACA
Interference management
In this licence:
“manage interference” includes investigation of the possible causes of the interference, taking all steps reasonably necessary to resolve disputes concerning interference where more than 1 person is involved, taking steps (or requiring persons authorised to operate devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels, and negotiating with other persons for the purpose of reducing interference to acceptable levels.
Responsibility to manage interference
The licensee must manage interference between radiocommunications devices operated under this licence, and interference between radiocommunications devices operated under this licence and operated under each other spectrum licence held by the licensee.
Co-sited devices
If:
(a) interference occurs between a radiocommunications device operated under this licence and a radiocommunications device operated under any other spectrum licence or any other licence that is located within 200 metres of the first device and measured with respect to the location of the phase centre of the antenna used with each device; and
(b) that interference is not the result of operation of a radiocommunications device 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.
SCHEDULE 3 continued
LICENCE SCHEDULE 4 continued
Information for register
The licensee must give the ACA all information as required by the ACA from time to time for inclusion in the Register.
International coordination
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 is located in a country other than Australia, the transmission must cease.
SCHEDULE 3 continued
LICENCE NOTES
Variation to licence conditions
The ACA 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 provided that the conditions as varied still comply with the requirements of Subdivision C of Division 1 of Part 3.2 of the Act.
The ACA may, by written notice given to the licensee, vary a licence by including 1 or more further conditions or revoking or varying any non core conditions of the licence provided that the licence as varied complies with the requirements of Subdivision C of Division 1 of Part 3.2 of the Act.
Guidelines
The ACA has issued written Advisory Guidelines under section 262 of the Act about:
(a) co-ordinating the operation of transmitters under this licence for non-spectrum-licensed receivers:
Radiocommunications Advisory Guidelines (Protection of Non-spectrum-licensed Receivers - 28 GHz and 31 GHz Bands) 1998; and
(b) co-ordinating the operation of non-spectrum licensed transmitters with receivers operated under spectrum licences:
Radiocommunications Advisory Guidelines (Managing Interference from Non-spectrum-licensed Transmitters - 28 GHz and 31 GHz Bands) 1998.
The guidelines should be read in conjunction with the relevant Determination made under s. 145(4) of the Act setting out the unacceptable levels of interference for the purpose of the registration of transmitters to be operated under this licence. The guidelines should be followed by licensees (and accredited persons) before operating transmitters. The ACA intends to afford protection to receivers in accordance with the guidelines in the settlement of interference disputes. Copies of the guidelines are available from the ACA.
The suspension and cancellation of spectrum licences
The ACA may by written notice given to a licensee suspend or cancel a spectrum licence where the ACA is satisfied that the licensee, or a person authorised by the licensee to operate a radiocommunications device under the licence, has contravened a condition of the licence, or in any other way contravened the Act, or operated a radiocommunications device under the licence, or purportedly under the licence, in contravention of any other law (whether written or unwritten) of the Commonwealth, a State or a Territory or in the course of contravening such a law.
SCHEDULE 3 continued
LICENCE NOTES continued
Re issue
A spectrum licence may not be reissued to the same licensee without a price-based allocation procedure unless:
the ACA 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
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
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 the ACA under section 88 of the Act.
An assignment under section 85 of the Act of the whole or any part of a licence that involves any change to a licence does not take effect until the ACA has been advised of the changes and the Register of Radiocommunications Licences in respect of spectrum licences has been altered accordingly.
Appeals
An application may be made to the ACA for re-consideration of decisions listed under s. 285 of the Act and a person affected by and dissatisfied with the decision may seek a re-consideration of the decision by the ACA under subsection 288(1) of the Act. This decision can be subject to further re-consideration by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.
Labelling of Transmitters
Transmitters operated under this licence are to be labelled in accordance with the Radiocommunications (Labelling) Determination 1997.
____________________
SCHEDULE 4
Clause 2.14(1)
Emission limits outside the area
The emission limits outside the area, for frequency bands only containing in-band frequencies, are a radiated power of:
P dBm EIRP per MHz;
where:
P equals 70 - k (d);
where:
(a) d is the distance, measured in kilometres, of the device from the
boundary of the geographic area of the licence under which the device
operates; and
(b) k (d) is the power conversion function.
For a spectrum licence issued for the 28 GHz or 31 GHz band:
(a) for a wide beamwidth transmitter, k (d) = 5 for d 0; and
(b) for a narrow beamwidth transmitter, k (d) = -9 for d 0.
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.
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.
_______________________
SCHEDULE 5
Clause 2.14(2)
Emission limits outside the band
[ 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) switching transient emissions (carrier rise times)
from transmitters that include 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) any receiver emissions.\]
Broadband emission
For radio emission that is:
(a) broadband emission; and
(b) caused by a transmitter operating under a spectrum licence issued for the 28 GHz or 31 GHz bands; and
(c) at frequencies outside the frequency band of the licence; and
(d) offset from the upper and lower limits of the frequency band;
the emission limits outside the band are:
(e) for wide beamwidth transmitters radiating emission in frequency bands containing frequencies that have offsets:
(i) within the range 0 MHz to 50 MHza radiated maximum true mean power of -22 dBm EIRP per 1 MHz; and
(ii) greater than 50 MHza radiated maximum true mean power of
\-36 dBm EIRP per 1 MHz; and
(iii) within the range 49 MHz to 50 MHza radiated peak power of
-22 dBm EIRP measured within a 1 MHz rectangular
bandwidth; and
(f) for narrow beamwidth transmitters radiating emission in frequency bands containing frequencies that have offsets:
(i) within the range 0 MHz to 50 MHza radiated maximum true mean power of -1 dBm EIRP per 1 MHz; and
(ii) greater than 50 MHza radiated maximum true mean power of
\-15 dBm EIRP per 1 MHz; and
(iii) within the range 49 MHz to 50 MHza radiated peak power of
-1 dBm EIRP measured within a 1 MHz rectangular bandwidth.
SCHEDULE 5 continued
2. Narrowband emission
For radio emission that is:
(a) narrowband emission; and
(b) caused by a transmitter operating under a spectrum licence issued for the 28 GHz or 31 GHz bands; 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 100 kHz rectangular bandwidth that is within the band 9 kHz to 1 GHz; and
(e) -30 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 1 GHz to 18 GHz; and
(f) for wide beamwidth transmitters -7 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 18 GHz to 37 GHz; and
(g) for narrow beamwidth transmitters 14 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 18 GHz to 37 GHz.
3. Receivers
For radio emission that is:
(a) caused by receivers operating under spectrum licences issued for the 28 GHz or 31 GHz bands; 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) -47 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 1 GHz to 18 GHz; and
(e) for wide beamwidth receivers -17 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 18 GHz to 37 GHz; and
(f) for narrow beamwidth receivers 4 dBm EIRP measured within a 1 MHz rectangular bandwidth that is within the band 18 GHz to 37 GHz.
4. For this Schedule, a level of emission outside the band 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.
For the purposes of paragraph 4, 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