LICENCE NOTES

Schedule 6 Sample licence schedules

(clause 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 a re-allocation declaration:

LICENCE SCHEDULE 1

LICENCE AND TECHNICAL DETAILS

Part 1 — Licence Details

Part 2 — Technical Details

Part 3 — Geographic Area

For 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. 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

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. 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 horizontally radiated power of P1 dBm EIRP per 30 kHz; and

(b) for frequency bands only containing frequencies that 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 horizontally radiated power of P2 dBm EIRP per 30 kHz;

where:
P1 = 70 - k1 (d); and
P2 = 70 - k2 (d); and
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

4. For radio emission that is not spurious emission, caused by 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 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 maximum true mean power set out at Item 20 of Part 2 of Schedule 1.

(d) 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 21 of Part 2 of Schedule 1 of this licence — the radiated maximum true mean power set out at item 22 of Part 2 of Schedule 1.

(e) 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 23 of Part 2 of Schedule 1 of this licence — the radiated maximum true mean power set out at item 24 of Part 2 of Schedule 1.

(f) 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.

5. For radio emission that is spurious emission at frequencies outside the frequency band of the licence that is caused by transmitters, 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 100 kHz 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 100 kHz rectangular bandwidth that is within the band set out at item 32 of Part 2 of Schedule 1; and

(d) 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.

6. For radio emission that is caused by receivers, the emission limits outside the band are:

(a) a radiated mean power set out at item 35 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 36 of Part 2 of Schedule 1; and

(b) a radiated mean power set out at item 37 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 38 of Part 2 of Schedule 1; and

(c) 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

(d) a radiated mean power set out at item 41 of Part 2 of Schedule 1 and measured within a 100 kHz rectangular bandwidth that is within the band set out at item 42 of Part 2 of Schedule 1

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

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

(a) a mobile transmitter or an indoor fixed transmitter that operates in the 800 MHz Lower band with a horizontally radiated power of less than or equal to 38 dBm EIRP per 30 kHz.

(b) a mobile transmitter or an indoor fixed transmitter that operates in the 1.8 GHz band with a horizontally radiated power less than or equal to 24.5 dBm EIRP per 30 kHz.

(c) a mobile transmitter that operates in the 800 MHz Lower band and 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;

(d) a mobile transmitter that operates in the 800 MHz Lower band and 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 s. 145 (3) of the Act is set out at Item 43 of Part 2 of Schedule 1 of this licence.

LICENCE SCHEDULE 4

CONDITIONS INCLUDED BY THE ACA

Interference management

1. 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

2. 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

3. If:

(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 another 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.

Information for register

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

International coordination

5. 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.

LICENCE NOTES

Variation to licence conditions

Note: 1. 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.

Note: 2. 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

Note: 3. The ACA has issued written Advisory Guidelines under s. 262 of the Act about:

Note: (a) co-ordinating the operation of transmitters under this licence for receivers operated under apparatus licences:

Note: Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed Receivers — 800 MHz Band) 1998;

Note: Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed Receivers — 1800 MHz Band) 1998;

Note: Radiocommunications Advisory Guidelines (Protection of Molongolo Observatory Synthesis Telescope) 1998;

Note: Radiocommunications Advisory Guidelines (Protection of Mobile Base Receivers — 1800 MHz Lower Band) 1998; and

Note: (b) co-ordinating the operation of transmitters under apparatus licences for receivers operated under spectrum licences:

Note: Radiocommunications Advisory Guidelines (Managing Interference from Apparatus-licensed Transmitters — 800 MHz Band) 1998;

Note: Radiocommunications Advisory Guidelines (Managing Interference from Apparatus-licensed Transmitters — 1800 MHz Band) 1998;

Note: Radiocommunications Advisory Guidelines (Protection of Mobile Base Receivers — 1800 MHz Lower Band) 1998.

Note: 4. The guidelines should be read in conjunction with the relevant Determination made under s. 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. 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

Note: 5. The ACA may by written notice given to a licensee suspend, cancel or revoke 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.

Reissue

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

Note: the ACA is satisfied under s. 82 (1) of the Act that special circumstances exist as a result of which it would in the public interest for that licensee to continue to hold that licence; or

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

Trading

Note: 7. 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 s. 88 of the Act.

Note: An assignment under s. 85 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 has been altered accordingly.

Appeals

Note: 8. 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 s. 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.

Schedule 7 Emission limits outside the area

(subclause 2.14 (1))

1. The emission limits outside the area, for frequency bands only containing in-band frequencies, are a horizontally radiated power of:
P dBm EIRP;
where:
P = 70 - k (d);
d is the distance, measured in kilometres, that a device is inside the boundary of the geographic area of the licence under which the device operates; and
k (d) is the power conversion function.
For a spectrum licence issued for the 800 MHz band, k (d) = 11 for d  0.
For a spectrum licence issued for the 1.8 GHz band, k (d) = 15.5 for d  0.

Schedule 8 Emission limits outside the band

(subclause 2.14 (2))

Note Emission limits outside the band manage levels of:

Note: (a) modulation products and switching transient emissions (carrier rise times) outside the frequency band of the licence; and

Note: (b) transmitter wide band noise; and

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

Note: (d) any receiver emissions.

1. Non-spurious emission outside the designated bands — 800 MHz transmitters

1.1 For radio emission that is:

(a) not spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 800 MHz band; and

(c) at frequencies outside the frequency bands 825 MHz to 845 MHz and 870 MHz to 890 MHz; and

(d) offset from 825 MHz, 845 MHz and 870 MHz;

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

(e) within the range 0 kHz to 30 kHz — a radiated maximum true mean power of 3 dBm EIRP per 30 kHz; and

(f) within the range 30 kHz to 1 MHz — a radiated maximum true mean power of -7 dBm EIRP per 30 kHz; and

(g) within the range 1 MHz to 10 MHz — a radiated maximum true mean power of -15 dBm EIRP per 30 kHz; and

(h) greater than 10 MHz — a radiated maximum true mean power of
-30 dBm EIRP per 30 kHz; and

(j) within the range 120 kHz to 150 kHz — a radiated peak power of
-4 dBm EIRP measured within a 30 kHz rectangular bandwidth.

1.2 For radio emission that is:

(a) not spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 800 MHz band; and

(c) at frequencies outside the frequency band 870 MHz to 890 MHz; and

(d) offset from 890 MHz;

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

(e) within the range 0 kHz to 200 kHz — a radiated maximum true mean power of 2.5 dBm EIRP per 30 kHz; and

(f) within the range 200 kHz to 10 MHz — a radiated maximum true mean power of -21.5 dBm EIRP per 30 kHz; and

(g) greater than 10 MHz — a radiated maximum true mean power of
-30 dBm EIRP per 30 kHz; and

(h) within the range 120 kHz to 150 kHz — a radiated peak power of
-4 dBm EIRP measured within a 30 kHz rectangular bandwidth.

1.3 However, when the emission limits outside the band at any frequency and specified in Clause 2 are more constraining, the limits set out in Clause 2 apply.

2. Non-spurious emission — 800 MHz transmitters

For radio emission that is:

(a) not spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 800 MHz band 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 for frequency bands containing frequencies that have offsets:

(e) within the range 0 kHz to 30 kHz — a radiated maximum true mean power of 24 dBm EIRP per 30 kHz; and

(f) within the range 30 kHz to 60 kHz — a radiated maximum true mean power of 5 dBm EIRP per 30 kHz; and

(g) within the range 60 kHz to 90 kHz — a radiated maximum true mean power of -10 dBm EIRP per 30 kHz.

(h) within the range 90 kHz to 10 MHz — a radiated maximum true mean power of -14 dBm EIRP per 30 kHz; and

(j) greater than 10 MHz — a radiated maximum true mean power of
-30 dBm EIRP per 30 kHz; and

(k) within the range 120 kHz to 150 kHz — a radiated peak power of
-4 dBm EIRP measured within a 30 kHz rectangular bandwidth.

3. Spurious emission — 800 MHz transmitters

For radio emission that is:

(a) spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 800 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 100 kHz rectangular bandwidth that is within the band 9 kHz to 550 MHz; and

(e) -21 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 550 MHz to 1 GHz; and

(f) -15 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 1 GHz to 1.65 GHz.

(g) -30 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 1.65 GHz to 12.75 GHz.

4. Spurious emission — 1.8 GHz transmitters

For radio emission that is:

(a) spurious emission; and

(b) caused by transmitters operating under spectrum licences issued for the 1.8 GHz 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 100 kHz rectangular bandwidth that is within the band 9 kHz to 1GHz; and

(e) -12 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 1 GHz to 3.5 GHz; and

(f) -30 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 3.5 GHz to 12.75 GHz.

5. 1.8 GHz receivers

For radio emission that is;

(a) caused by receivers operating under spectrum licences issued for the 1.8 GHz 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) -29 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 1 GHz to 3.5 GHz; and

(e) -47 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 3.5 GHz to 12.75 GHz

6. 800 MHz receivers

For radio emission that is;

(a) caused by receivers operating under spectrum licences issued for the 800 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 550 Hz; and

(d) -44 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 550 MHz to 1 GHz; and

(e) -34 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 1 GHz to 1.65 GHz; and

(f) -47 dBm EIRP measured within a 100 kHz rectangular bandwidth that is within the band 1.65 GHz to 12.75 GHz.

7. Non-spurious emission outside the designated bands — 1.8 GHz transmitters

7.1 For radio emission that is:

(a) not spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 1.8 GHz band; and

(c) at frequencies outside the frequency bands 1710 MHz to 1755 MHz; and

(d) offset from 1710 MHz,

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

(e) within the range 0 kHz to 0.5 MHz — a radiated maximum true mean power of -8.5 dBm EIRP per 30 kHz; and

(f) greater than 0.5 MHz — a radiated maximum true mean power of
-33.5 dBm EIRP per 30 kHz; and

(g) within the range 0 kHz to 300 kHz — a radiated peak power of 10 dBm EIRP measured within a 300 kHz rectangular bandwidth.

7.2 For radio emission that is:

(a) not spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 1.8 GHz band; and

(c) at frequencies outside the frequency bands 1710 MHz to 1755 MHz and 1805 MHz to 1850 MHz; and

(d) offset from 1755 MHz, 1805 MHz and 1850 MHz;

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

(e) within the range 0 kHz to 5.6 MHz — a radiated maximum true mean power of -8.5 dBm EIRP per 30 kHz; and

(f) greater than 5.6 MHz — a radiated maximum true mean power of
-33.5 dBm EIRP per 30 kHz; and

(g) within the range 0 kHz to 300 kHz — a radiated peak power of 10 dBm EIRP measured within a 300 kHz rectangular bandwidth.

7.3 However, when the emission limits outside the band at any frequency and specified in Clause 8 are lower, the limits set out in Clause 8 apply.

8. Non-spurious emission — 1.8 GHz transmitters

For radio emission that is:

(a) not spurious emission; and

(b) caused by a transmitter operating under a spectrum licence issued for the 1.8 GHz band; 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 for frequency bands containing frequencies that have offsets:

(e) within the range 0 kHz to 200 kHz — a radiated maximum true mean power of 21.5 dBm EIRP per 30 kHz; and

(f) within the range 200 kHz to 5.8 MHz — a radiated maximum true mean power of -8.5 dBm EIRP per 30 kHz; and

(g) greater than 5.8 MHz — a radiated maximum true mean power of
-33.5 dBm EIRP per 30 kHz; and

(h) within the range 200 kHz to 50 kHz — a radiated peak power of 10 dBm EIRP measured within a 300 kHz rectangular bandwidth.