10Unacceptable level of interference

10 Unacceptable level of interference

(1) A level of interference caused by a radiocommunications transmitter operated under an 1800 MHz spectrum licence is unacceptable if: (a) the operation of the transmitter results in a contravention of a core condition of the licence relating to the maximum permitted level of radio emission from the transmitter: (i) outside the parts of the spectrum the use of which is authorised under the licence; or (ii) outside the geographic area of the licence; or (b) subject to subsection (2), any part of the device boundary of the transmitter lies outside of the geographic area of the licence; or (c) the device boundary of the transmitter cannot be calculated in accordance with item 1 of Schedule 2; or (d) the transmitter: (i) operates in the 1800 MHz lower band; and (ii) is high sited; and (iii) operates within an area of high mobile use specified in Schedule 4; or (e) the transmitter: (i) operates in the 1800 MHz lower band; and (ii) is high sited; and (iii) has an occupied bandwidth with lower or upper frequency limits that are less than 10 MHz from a frequency adjacent spectrum licence with a geographic area that includes the location of the transmitter; or (f) subject to subsection (3), any part of the additional device boundary of the transmitter lies outside of the geographic area of the licence, and the transmitter: (i) operates in the 1800 MHz lower band; and (ii) is high sited; and (iii) operates outside an area of high mobile use specified in Schedule 4. (2) A level of interference mentioned in paragraph (1)(b) is not unacceptable in relation to a part of the device boundary of the transmitter that: (a) lies outside the geographic area of the licence; and (b) is connected to a radial that: (i) is mentioned in item 1 of Schedule 2; and (ii) does not cross over land outside the geographic area of the licence that is permanently above the Australian territorial sea baseline. (3) A level of interference mentioned in paragraph (1)(f) is not unacceptable in relation to a part of the additional device boundary of the transmitter if: (a) the additional device boundary of the transmitter is wholly within the geographic area of one or more spectrum licences, other than the licence under which the transmitter operates (the other spectrum licences); and (b) the occupied bandwidth of the transmitter is wholly or partly within the frequency band within which the operation of radiocommunications devices is authorised under each of the other spectrum licences; and (c) the licensee of the spectrum licence under which the transmitter operates either: (i) is the licensee of each of the other spectrum licences; or (ii) has the written agreement of the licensee of each of the other spectrum licences to exceed the additional device boundary criterion for the transmitter. (4) This section does not apply in relation to a radiocommunications transmitter to which section 12 applies.