5Purpose

5 Purpose

This Determination sets out what is an unacceptable level of interference caused by a radiocommunications transmitter operating under a spectrum licence issued in the 2.3 GHz band, so as to ensure that high levels of radio emission from radiocommunications transmitters operated under a spectrum licence are kept within the geographic area and frequency band of the licence.

Note 1: Under section 145 of the Act, the ACMA may refuse to register a radiocommunications transmitter if it is satisfied that the operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other spectrum licence, or any other licence.

Note 2: The ACMA has issued written advisory guidelines under section 262 of the Act about compatibility requirements in relation to the assignment of frequencies to radiocommunications transmitters operated under apparatus licences and the operation of radiocommunications transmitters under spectrum licences. The ACMA will take these guidelines into account during the settlement of interference disputes. Each case will be assessed on its merits. The guidelines do not prevent a licensee negotiating other compatibility requirements with another licensee. The guidelines are:

• Radiocommunications Advisory Guidelines (Managing Interference from Spectrum Licensed Transmitters — 2.3 GHz Band) 2024; and
• Radiocommunications Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers — 2.3 GHz Band) 2024.

Note: These instruments can be accessed free of charge at www.legislation.gov.au.