• Lawyers in Sydney
• Lawyers in Melbourne
• Lawyers in Brisbane
• Lawyers in Perth
• Family lawyers
• Employment lawyers
• Criminal lawyers
• Wills and estates lawyers
• Find a lawyer

Part 2 — Technical Details

Part 3 — Geographic Area

For the purposes of core condition 2, the area within which operation of radiocommunications devices is authorised by this licence is as follows:

[Description of area]

LICENCE SCHEDULE 2

CORE CONDITIONS

Frequency band

1. The frequency band in which operation of radiocommunication devices is authorised by this licence is the contiguous range of frequencies that are between the upper and lower frequency limits at Items 9 and 10 of Part 2 of Schedule 1 of this licence, respectively.

Geographic area

2. The area within which operation of radiocommunications devices is authorised by this licence is the geographic area set out at Part 3 of Schedule 1 of this licence.

Emission limits outside the area

3. The emission limits outside the area are:

(a) for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the licence by the offsets set out at Item 11 of Part 2 of Schedule 1 of this licence — a horizontally radiated power of P1 dBm EIRP; and

(b) for frequency bands only containing frequencies that are removed from the upper and lower frequency limits of the licence by the offsets set out at Item 12 of Part 2 of Schedule 1 of this licence — a horizontally radiated power of P2 dBm EIRP;

where:

P1 = 49.2 ‑ k1(d); and

P2 = 70 ‑ k2(d); and

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 of this licence, respectively.

Emission limits outside the band

4. For radio emission that is caused by transmitters and is not spurious radio emission, the emission limits outside the band are:

(a) for frequency bands containing frequencies that are removed from the upper and lower frequency limits of the licence by offsets within the range 1.25 kHz to 13.75 kHz — the peak power set out at Item 15 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 13.75 kHz to 300 kHz — the maximum true mean power set out at Item 16 of Part 2 of Schedule 1 of this licence; 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 300 kHz to 1.5 MHz — the maximum true mean power set out at Item 17 of Part 2 of Schedule 1 of this licence.

5. For radio emission that is spurious radio emission and caused by transmitters, the emission limits outside the band are the mean power set out at Item 18 of Part 2 of Schedule 1 of this licence measured at frequencies from 100 kHz to 2.9 GHz.

6. For radio emission caused by receivers, the emission limits outside the band are the mean power set out at Item 19 of Part 2 of Schedule 1 of this licence measured at frequencies from 100 kHz to 2.9 GHz.

Note The procedure for calculating the device boundary of a transmitter has a consequence that receivers also operating under a spectrum licence are afforded lower levels of protection as they move closer to the geographic boundary of the licence. The procedure for calculating the device boundary of a receiver according to a specified level of protection is set out in the Schedules of the Radiocommunications Spectrum Marketing Plan (500 MHz Band) 2003.

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 60 (1) 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 made under subsection 68 (3) of the Act.

(2) Any operation of a radiocommunications device under the licence by a person other than the licensee must comply with any 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 the transmitter has been exempted from the registration requirements under the following condition, or:

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

(b) the transmitter complies with the details about it that have been entered in the register.

Exemption from registration requirements

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

(a) a mobile transmitter that only operates:

(i) outside the limits of a town that is on the towns mobile list; or

(ii) on a road that is not on the roads mobile list;

(b) a mobile transmitter that only transmits at sea and only communicates with a mobile receiver at sea.

Note 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 people under subsection 145 (3) of the Act is set out at Item 20 of Part 2 of Schedule 1 of this licence.

Residency etc

5. (a) 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:

• the licensee must be an Australian resident; or
• the income, profits or gains must be attributable to a permanent establishment in Australia through which the licensee carries on business.

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

• the authorised person must be an Australian resident; or
• the income, profits or gains must be attributable to a permanent establishment in Australia through which the authorised person carries on business.

(c) 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 Radiocommunications Act 1992 by the licensee to operate radiocommunications devices under this licence.

permanent establishment has the same meaning as in:

• 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
• in any other case — the Income Tax Assessment Act 1997.

LICENCE SCHEDULE 4

CONDITIONS INCLUDED BY ACMA

Interference management

1.1 In this licence:

Level of Protection has the meaning it is given in the Radiocommunications Spectrum Marketing Plan (500 MHz Band) 2003.

manage interference includes investigation of the possible causes of the interference, taking all steps reasonably necessary to resolve disputes concerning interference where more than one 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

2.1 The licensee must manage interference between radiocommunications devices operated under this licence, and interference between radiocommunications devices operated under this licence and operated under any other spectrum licence held by the licensee.

Responsibility for interference — receivers

3.1 The licensee must accept interference to a receiver operated under this licence that is caused by emissions outside the frequency band of this licence where the receiver has:

(a) an adjacent channel selectivity performance; or

(b) an intermodulation immunity performance; or

(c) blocking immunity performance; or

(d) spurious response immunity performance;

that is less than the level of performance set out in Australian Standard AS 4295 ‑ 1995 as in force on 1 November 1996.

3.2 For the purposes of subparagraph 3.2, the level of performance set out in Australian Standard AS 4295 ‑ 1995 is taken to be a notional level of performance, irrespective of whether that Australian Standard applies to the receiver.

3.3 The licensee must accept levels of emission measured at a receiver operated under this licence that are below the receiver’s Level of Protection plus 20dB for up to and including 99% of the time in any one hour period.

3.4 Nothing in clause 3.1 or 3.3 is to be taken to imply that the licensee is prevented from negotiating with other licensees for additional protection from interference.

Responsibility for interference — transmitters

4.1 The licensee must not operate a transmitter under this licence in such a manner that the level of in‑band emission from that transmitter, measured at a fixed receiver operating under another spectrum licence, exceeds the level of protection for that receiver plus 20dB for more than 1% of the time in any one hour period.

Co‑sited devices

5. Where:

(a) interference occurs between a radiocommunications device operated under this licence and a radiocommunications device operated under another licence that is located within 200 metres of the first device; and

(b) that interference is not the result of operation of a radiocommunications device in a manner that is not in accordance with the conditions of the relevant licence; and

(c) either the licensee or the holder 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.

Information for Register

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

LICENCE NOTES

Variation to licence conditions

Note: ACMA may, with the written agreement of the licensee of a spectrum licence, vary this licence by including one 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.

Note: ACMA may, by written notice given to the licensee, vary a licence by including one 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

Note: ACMA has issued written advisory guidelines under section 262 of the Act about co‑ordinating the operation of transmitters, in relation to receivers operated in Telstra’s Radio Concentrator System. The guidelines should be read in conjunction with the relevant Determination made under section 145 (3) 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.

Note: ACMA does not intend to afford protection to receivers operated under spectrum licences from any interference they may incur from RCS transmitters operated in accordance with their apparatus licence. ACMA also intends to afford protection, in accordance with the guidelines, to RCS receivers from transmitters operated under this spectrum licence. Copies of the guidelines, the Radiocommunications Advisory Guidelines (Co‑ordinating the operation of transmitters in the 500 MHz Bands) 1996, are available from ACMA.

The suspension and cancellation of spectrum licences

Note: ACMA may by written notice given to a licensee suspend, cancel or revoke 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 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.

Re issue

Note: A spectrum licence may not be reissued to the same licensee without a price based allocation procedure except where:

Note: ACMA is satisfied under section 82 (1) of the Act that special

This is an opening excerpt, not the complete document.